Flat Chat Strata Forum Neighbour noise Current Page

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  • #7730

    I live in a large apartment block.  There is external security (ie you have to swipe in to the front door) and 24/7 concierge.  Most of the residents are older owner/occupiers.  

    One of the units is owned by a man who is quite upfront about the fact that he bought it solely so his son could use it on the weekends for parties.  Mostly it is empty, but the noise and disruption from the occasional parties is extreme (loud music in the apartment, excessive noise in common areas in the early hours of the morning, things being thrown off balconies, other residents intimidated by groups of men etc), to the extent that police have been called.  

    The actions are clearly in breach of the by-laws, but the owner ignores notices, and the son and his friends ignore knocking on the door asking for music to be turned down, or if they answer, get abusive and threatening.

    The owners corporation is considering making a by-law allowing the concierges, if they consider it necessary to maintain peace and prevent further breaches to:

    (a) disable swipe access (ie, make it impossible for holder of a particular pass to access the building or the lift)

    (b) turn off the electricity supply to an apartment

     

    Both of these are technically easy, but are they legal?

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    Jimmy-T
    Keymaster

      I don’t know if they are strictly legal and I suspect that they aren’t (and if they aren’t, then the by-law has no standing since you can’t create a by-law that infringes another law).

      However, if you were to word the by-law that allowed the concierge to, say, cut off the electricity supply if there was a concern about fire safety in any unit to which they couldn’t gain access, that might be different matter.  My legal friends may advise on this but as it stands you could be on shaky ground, legally.

      But seriously, it sounds like this pig of an owner and his spoilt brat son need a reality check. I assume you have already:
      a) Approved a motion at an EC meeting to issue a Notice To Comply.  (If not, you'll find the official NTC form here)

      b) taken this to Fair Trading for meditation – a prerequisite for CTTT action (Form).

      c) Pursued this through the CTTT for enforcement of your Notices to Comply.

      If you have tried all these and they have failed, your next step should be to gather evidence and go to your District Court and ask for a noise abatement order to be imposed on both the son and the father (as the ‘tenant’ and the owner).

      If that succeeds, any further breaches would be a criminal offence as they would technically be a contempt of court and the offenders could be arrested. Have a look at this link on how to get a noise abatement order, and take it from there.

      In the real world, there are plenty of things that go on that aren’t strictly legal (but bloody effective).  For instance, if the other owners had an audit of electronic keys and one owner was mysteriously left out (because the notices were slid under his door rather than posted, for example) and he later found out he couldn’t access the building and concierges were under strict instructions not to allow access to anyone who couldn’t prove residency … well that would be a terrible thing.

      But seriously, go back to the law, gather overwhelming evidence that the idiot father and the brat son are flaunting any reasonable standards of decent behaviour and take them all the way (and don’t forget to collect costs and damages if you can get them – you won't at the CTTT but you could at proper courts).

      I can think of half a dozen strata lawyers who would love to take this case on.  And with a reasonable chance of getting a result and costs – why not go for it? 

      By the way, this is a process that you have to begin now regardless of when the most recent breach occurred. Party season is just starting so I would get on to it right away.

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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