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Topic
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I live in WA part of 8 townhouse strata.
The set up is rather odd with 6 houses down one street and two around the corner on another street. I live in the two on the other street. Two years the place next to me was sold, parents had purchased the house for their son and various house mates. He likes to play his music very loud with the base component turned up. It is so loud on occasions I can feel the base under my feet throughout my house. The houses were built in the late 1960’s so the sound proofing is no the greatest. Because of the setup I am on the place that really puts up with the noise and the base. I spent a year asking them politely
Despite complaints to the Strata who have sent out Notices to Comply, they have stopped the early morning music, but I am still putting up with the noise. Letters are simply not working any more. The issue of the noise from this house was put on the last AGM (parents or tenants from the offending party did not show up) I asked the Strata about issuing a fine to offenders who continually breach strata by-laws under s1031 of the Act. I was advised by the strata manager that I would need to go to the State Administrative Tribunal (SAT) to get this implemented. A strata lawyer I spoke to yesterday advised a AGM with all in agreement is sufficient. This section is already in the standard By-Laws. Why would I need to go to SAT to get it implemented?
Complaints to the local Council who have sent out letters and no response from the tenants or owners. The initial set of letters were sent out to the tenants and they simply ignored them. I am dealing with a very inconsiderate person (I could say worse!)
My question is do I need to go to SAT to get a law implemented for the Strata to issue fines under the breach of s1031A, when this section is already part of the By-Laws.
Thank You
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Replies
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The problem you have is your the only one affected in your Strata. I’m not familiar with WA Strata rules but I would assume they are similar to other states.
To enforce the noise bylaw you (or the strata or SM) would have to go to conciliation and then adjudication to get a ruling against the offender.
Problem is this is time consuming but cheap if you DIY or someone from the Committee does it. If the SM does it they will charge for time and expense (our SM estimated they would charge on average $5,000 5 years ago for a simple ruling).
So unless the Strata is very generous using the SM is out (and a Strata lawyer would charge even more) so it’s either find a knowledgeable neighbor or become a fast learner.
@kiwipaul said:
The problem you have is your the only one affected in your Strata. I’m not familiar with WA Strata rules but I would assume they are similar to other states.To enforce the noise bylaw you (or the strata or SM) would have to go to conciliation and then adjudication to get a ruling against the offender.
Oh dear, you know what they say about “assume”, KP.
First of all, strata law is so different in different states that you wouldn’t assume anything. By-laws may also differ wildly from strata scheme to strata scheme. And finally, if Notices To Comply have been issued, in NSW, at any rate, there is no need to go to mediation. The only assumption I would make is that it is probably different in other state (in which case you have at least a 1 in 6 chance of being right.)
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.
This factsheet from WA’s Environmental Protection Agency is so technically detailed, it is almost meaningless. However, it does say that you can call the local council during office hours and police at other times to deal with noise. Either can issue a Noise Abatement Direction which, if not complied with, can lead to the seizure of sound equipment and fines. The paragraphs below are extracts from the factsheet.
As in most other states, Owners Corps can’t issue fines directly but they can take residents to SAT to have fines imposed. However, it’s worth noting that this factsheet from SAT says they can impose “a fine for a breach of a by-law if the by-law specifies a fine for its breach.” That seems to imply that your by-laws have to have a fine for excessive noise specified – so maybe you do need a new by-law after all.
FYI, strata Law in WA is undergoing a major rewrite which will result in all disputes being heard at the State Administrative Tribunal.
Noise Abatement Direction
Where an authorised person or police officer believes that an unreasonable noise is being emitted from any premises he or she can issue a noise abatement direction to the occupier of the premises (and anybody making or contributing to the noise) to stop the noisy activity. Failure to comply with a noise abatement direction is an offence. Failure to comply with a direction also entitles the authorised person or police officer to seize the equipment that is causing the noise. To assist in the exercise of these powers, authorised persons are entitled to enter any property and demand of any person the name and address of the occupier of the premises.
Prosecution
Where an offence is committed against the Act, a prosecution may be commenced by the CEO of DEC, or for lesser offences, by an authorised person. Unreasonable noise caused by equipment (see above) may also be challenged through a private prosecution. Usually this requires three occupiers of premises directly affected by the noise to commence proceedings together. Less than three people may start an action where less than three occupiers were affected, the other occupiers are unwilling to participate in the action or the person who is bringing the action was affected to a significantly greater degree than were other occupiers. If a prosecution is successful, the EP Act authorises the court to make a range of orders beyond merely awarding damages. The court may order the forfeiture of any equipment used in the offence, and can also make orders to prevent recurrence of the offence.
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.
Don’t know if you have already thought of this but I would go after the parents – as owners of the property they are responsible for the behaviour of their tenants and guests.
Get your local paper involved – they will love the phrase “Brat-dumping” which is what we call privilieged parents forcing other people to live with the results of their lack of parenting skills.
Show them all the NTCs and warning letters and invite them to hear the music at its worst
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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