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I live in NSW in a block of 8 units, within a total of 54 units. These units were constructed in 1979 and have acoustic issues. The units are set off-angle to each other meaning the common wall is shared between two units in my case.
Last year the unit below was sold, and a completely tiled throughout by the investor who bought it. It was subsequently rented for 12months. During this period due to the tiling the normal noises such as opening & closing cupboards in the kitchen, or nightly bedroom noises were amplified.
I raised the matter (as an owner) with Strata – who were also the same company as the rental agent. The tennant reduced noise, particularly in the bedroom at night. Still -mobile phones vibrating could be heard easily through the bedroom wall.
The investor who is also a registered real estate agent sold the property this year to a young couple, first time homeowners. I have had problems since this time with excessive noise through the common wall.
Particularly at night, the owner and I have been to CJC – the new owner and his partner are struggling to adjust to living in units, decreasing their noise and demonstrating consideration of their neighbours.
The new owner and his partner have tried to mediate noise but are struggling with understanding excessive noise and how it applies to them. I’m not sure our CJC agreement for them to place rugs down in the bedroom, lounge and dining room will reduce the noise. Nightly noise which I am finding excessive is multiple periods of moaning, screaming with swearing as well as loud thrusting noises in the main bedroom.
My present problem is two-fold –
1) the owner and his partner are denying they are making loud noises in their bedroom at night. What can I do? Can i record them to prove this? Any suggestions on equipment? I’ve been researching sound level meters – and would value anyone’s opinion on the use of these.
2) What can be done on the issue of the tiles throughout the property? Can the current owner sue the former owner for putting them down – given he is a licensed Real Estate agent in NSW selling a property – one would expect he has some prior knowledge of Strata laws, and he would have been informed of my previous complaints regarding excessive noise in the unit?
Both the present owner of the tiled unit and myself both want a good nights sleep.
I have appealed to the Strata Manager who has issued an excessive noise letter, I have contacted Police who have attempted attending but not heard the noise. The Strata manager has told me to self-represent the matter in CTTT using section 117 of the act as my complaint mechanism.
I am presently keeping a diary of the noises I am hearing through the commonwall. I am also checking the noise is not being generated by other neighbours surrounding the unit, including above.
The other owner denies the noise, denies running a washing machine or dryer after 10:30pm at night. He does state he watches the tv after 10:30pm but on low. I’ve told him I can hear it through the commonwall – after 10:30pm.
How do I prove the noise is coming from the offending unit?
is the burden of proof on me?
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