Flat Chat Strata Forum Neighbour noise Current Page

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  • #8596
    Jimmy-T
    Keymaster

      It’s party time again – deck the (lift) halls with boughs of holly, call the cops when next door gets too jolly.

      But seriously you can and should have a great time at Christmas and New Year parties in strata without becoming a social pariah or getting yourself evicted from your rented flat. The only difference about party time in strata is that if you’re an idiot, you’ll upset a lot more people in one fell swoop.

      First, let’s clear up a misconception about by-laws; they don’t say you can’t make any noise.  They state that you shouldn’t make so much noise that it annoys your neighbours.

      Having a party isn’t going to bother any reasonable person at this time of year. Recreating the dance clubs of Ibiza complete with wall-shuddering bass beats will get the response it so richly deserves.

      Even at 6pm, your doof-doof could be in breach as by-laws operate 24/7 – there are no ‘curfew’ times. And remember, you are responsible for the behavior of your guests on common property so keep the drunks in the midnight choirs to a minimum.

      State laws add another layer of control, setting times when you have to turn it down, whether you live in an apartment or a Vaulcuse mansion. In NSW excessive noise has to be turned down by 10 pm on week nights and 12 midnight on Friday and Saturday nights or before a public holiday.

      If it isn’t, angry neighbours can call the police, and in an apartment block there could be a lot more phone calls about just one noisy shindig.

      However, there’s a fair bit of leeway, especially at this time of year, and the easiest way to make sure the neighbours don’t complain is to invite them in.

      But police will attend very noisy parties that go on very late and they have the powers to issue on-the-spot fines, clear the party or remove the sound system if need be.

      You can find out how to deal with neighbour noise in NSW, whther you live in aan apartment or a house, HERE.

      For strata in Queensland it’s a little more 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. In Victoria, go HERE for general noise restrictions and HERE for strata disputes.

      But hey, it’s Christmas.  Be nice to each other, have fun and we’ll see you next year. One question, though: how does Santa get into flats?

      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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    • #17405
      Sir Humphrey
      Strataguru

        I notice the new ACT default Rules (aka By-laws, Articles etc) allow a little leeway on noise:

        “Noise

        (1) A unit owner must not make, or permit to be made, such a noise within the unit as might (in the circumstances) be reasonably likely to cause substantial annoyance to an owner, occupier or user of another unit.

        (2) This rule does not apply to the making of a noise if the executive committee has given the person responsible for making the noise written permission to do so.

        (3) Permission may be given subject to stated conditions.

        (4) Permission may be withdrawn by special resolution of the owners corporation.”

        I could imagine an executive committee might give permission for a unit to have an unusually large party that might well be noisy if it is a special occasion and the party holders are normally very quiet and reasonable. The party-holders could be protected by having obtained permission but the other residents could be protected by conditions such as a time limit. The new default Rule seems rather well designed to keep some control while allowing some fun on occasions. 

        #17409
        Anonymous

          Peace on earth and goodwill to all men, so for heaven’s sake, you just wouldn’t would you? Or shouldn’t should you? You live in a block of flats! There are old people and families with toddlers who go to bed at 7 and a whole lot of people living right nearby who mightn’t feel like partying on the night.

          What are pubs for? Near us, there’s one where you can get a nice private area or room for nothing but the price of your drinks. And there are all those great small bars these days.

          I say, if you live in an apartment block, you just shouldn’t have what might be called a ‘party’. You do it somewhere else. That would simply be considerate of your neighbours.

          #17410
          Sir Humphrey
          Strataguru

            @That Crazy Swede said:
            Peace on earth and goodwill to all men, so for heaven’s sake, you just wouldn’t would you? Or shouldn’t should you? You live in a block of flats! There are old people and families with toddlers who go to bed at 7 and a whole lot of people living right nearby who mightn’t feel like partying on the night.

            What are pubs for? Near us, there’s one where you can get a nice private area or room for nothing but the price of your drinks. And there are all those great small bars these days.

            I say, if you live in an apartment block, you just shouldn’t have what might be called a ‘party’. You do it somewhere else. That would simply be considerate of your neighbours.

            Well, I think what would be reasonable for an EC to approve would depend on the circumstances as is explicitly noted in the Rule. What might be unreasonable in flats as you describe could be reasonable in a set of townhouses where the immediately nearby neighbours were consulted and had no objection. 

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