Flat Chat Strata Forum Neighbour noise Current Page

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  • #8455

    I’m a tenant in a strata building of 20 units. My apartment is on the second floor, and my neighbour in the apartment next to me is a member of the Executive Committee. At least a few times a week (and especially on weekends) he and his girlfriend entertain lots of friends and have loud parties with very loud music. The music often starts at 10pm and goes til about 1am, even during weeknights.

     

    I’ve been living here for about 9 months and just put up with it before. The building was built somewhere in the 1950s – 1970s and insulation between apartments isn’t great – I can hear my neighbours arguing, muffled conversations, clattering about in their kitchen etc, watching TV etc. The ambient noise is annoying but I understand there’s not much I can do about it (until my lease ends and I can move out that is). Their music and parties however is infuriating and driving me crazy. We share a common wall, with my bedroom on one side and their living room on the other, so I can’t get much sleep even with ear plugs.

     

    I’ve approached them about it several times and knocked on their door during parties and asked them to turn their music down, to which they said ok ok fine but only turned the music up louder. I’ve called the police on two occasions, and gratefully they came and shut it down.

     

    Then I approached the Chairperson of the EC and asked her to send them a Notice to Comply, which she promised she would ask the Secretary to do. I don’t know if it was done, or if the neighbours just ignored it, because the music and parties have continued. I don’t know if any other residents have complained, but I feel sorry for the poor person who lives on the first floor beneath them.

     

    What can I do?

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  • #16729
    Jimmy-T
    Keymaster

      The first thing to do is to start making your complaints in writing and gathering evidence of this selfish behaviour.  If you can get other neighbours to corroborate your claims, so much the better.

      The next time the noise starts continues after 10 pm weeknights or midnight at weekends, call the police again and make a not of the names of the officers who attend..

      Finally, you should seriously think about taking out a Noise Abatement Order at your local court, and you can find out all about how to do that HERE.

      The thing about a NAO is that if they continue to behave like this in defiance of an order, it becomes a criminal matter as they are in contempt of court. The next time you have to call the police they could be arrested.

      If you do apply for one, it would help if you could get some confirmation from the police that they have visited the neighbour on a number of occasions and have told him to turn the noise down.

      You might also think about raising this with your landlord.  They are supposed to provide you with a safe and peaceful home in exchange for your rent.  They should also be demanding tht the EC takes action.

      Otherwise I wouldn’t count on the EC doing anything for you as this guy is a member and they probably see you as a temporary problem.

      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.
      #16830
      Jimmy-T
      Keymaster

        Just so everyone knows who to contact, wherever you are, if you are in NSW and there is a noise issue in your building and the Executive Committee won’t take action, you can do so yourself, whether you are and owner or a tenant, by going directly to Fair Trading (Tel. 13 32 20) to get this problem sorted.

        You can download an application form for mediation (mandatory before you can take any further action) HERE. If mediation fails, you can then apply for an adjudication at the CTTT.  You can download the form from HERE.

        If that fails you can go to your district court and apply for a Noise Abatement Order (see above for NSW).

        In Victoria, go here for strata disputes and  here for general noise restrictions.

        For strata in Queensland it’s a little complicated: go here then click on “by-laws” in the ‘I want to find out about …’ box. 

        For local government noise restrictions, here are the relevant links for Brisbane and the Gold Coast.

        For noise issues in South Australia, go HERE and for general strata disputes go HERE.

        If you have a tenancy problem, go HERE for advice from your local Tenants Union or equivalent service. There is also a page of links to various state bodies HERE.

        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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      Flat Chat Strata Forum Neighbour noise Current Page