Flat Chat Strata Forum Common Property Current Page

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  • #11862
    maryjane
    Flatchatter

      I am on the top floor of a small block and the noise of the extractor fan in the roof is causing disturbance day and night. I can handle the day noise but not the night noise.  There are a total of 3  extractor fans in the roof for ventilation for 8 units.  Is there any remedy under strata law for this problem?

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    • #30306
      Jimmy-T
      Keymaster

        The extractor fans are a common property issue and if they are keeping you awake at might they clearly haven’t been installed with any consideration of the disturbance they may make.

        Write to your Owners Corporation secretary and demand (politely) that the noise levels be investigated and remedied.

        If they refuse or do nothing, count down the two weeks specified in the law then pursue your rights under section 232 of the Act to compel them to fulfil their obligations to maintain and repair common property.  You would do that by first applying to Fair Trading for mediation then taking your issue to NCAT.

        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 Common Property Current Page