Flat Chat Strata Forum Neighbour noise Current Page

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  • #7503
    57Eliza
    Flatchatter

      I am a unit owner in the ACT and found out about 18months ago that my noisy neighbour is a housing commission client.

       

      Repeated complaints to her, the body corporate the department of housing and relevant state and federal members have failed to yeild any results.

       

      She plays extremely loud techno music at any time of day that thumps so lound I can hear it over the shower, the TV, the kitchen exhaust and even across the road at the bus stop. I have called the police repeatly and tried to have a rational conversation with her. She is also mentally ill- the conversations I have had are non-sensical, paranoid and she threatened to kill myself and my partner.

       

      How do I get rid of this neighbour? All other tennants in the block are renters and the ones abutting her unit move frequently (I can only presume because of noise).

       

      The department of housing have offered mediation but I am not willing to spend my time dealing with a problem that is essentially theirs considering they are the ower. Had I know the neighbour was owned by the department of housing I never would have purchased the unit.

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    • #13715
      Anonymous

        There is often difficulty is obtaining adequate evidence to satisfy the relevant authorities.

         

        Housing NSW tenants sign a lease agreement, With the noise described above  the tenant would clearly be in breach and action could be pursued on that basis.

        In the ACT. Well !!!!!!!

        Housing ACT defines disruptive behaviours as those that cause nuisance or annoyance to sector/s of the community over a period of time and have an adverse or disturbing effect on that community. Such behaviours range from, but are not limited to criminal activities such as theft or assault, loud and abusive domestic disputes, harassment based on various forms of discrimination: race, gender, age, disability, political affiliation, etc, to uncomfortable levels of noise.

        Housing ACT intends to:

        • comply with tenancy legislation incorporating Tenancy Agreements;
        • apply principles of natural justice by supporting all parties impartially;
        • ensure tenants understand their responsibilities under their Tenancy Agreements;
        • respect the rights of all tenants
        • support those making complaints and their families, and
        • ensure the rights of those complained about are upheld;
        • support and assist positive behavioural change; and
        • work towards achieving a decrease in the occurrences of disruptive behaviours.

        Housing ACT will actively work with the Australian Federal Police (AFP) in situations where there is credible evidence of criminal activities and significant harassment and threatening behaviours.

        The AFP’s response to any situation will be limited by operational priorities at that time.

        Disruptive behaviours do not include people going about legitimate day-to-day activities such as children playing in the street or people using lawn mowers, motorised equipment or playing music during permissible hours.

        #13716
        Sir Humphrey
        Strataguru

          The ACT Unit Titles Act section 129 is about breaches of Articles. It sets out quite clearly what must be included in an Article Infringement Notice. You most likely have an Article about not allowing your unit to be used in a manner that causes nuisance. An owner can request an Article Infringement Notice be issued. If you do all the work the EC/OC might have no choice but to issue the notice. If the nuisance does not cease after a valid Notice is issued the owner commits an offence. What I am suggesting is that this might force the Dept. Housing to deal with the matter. Still you will need to have a good case well documented.  

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        Flat Chat Strata Forum Neighbour noise Current Page