Flat Chat Strata Forum Neighbour noise Current Page

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  • #8969
    MsM

      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? 

       

       

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #19172

      Did the previous owner obtain permission from the owners corporation to adhere tiles to the common property floor slab? Was a special by-law registered giving approval for the changes to common property?

      If the answer to these is no then you need to demand that the owners corporation address the issue.

      If there has been an agreement through CJC(CTTT?) for them to place down floor rugs it seems that the problem has been identified. If this has had no effect then you should take the next stage and demand that the floor is returned to it’s original (presumably carpeted) state.

      If the leasing agent has arranged the works without going through the proper approval channels and if this is the same agency who is the strata manager there is a significant conflict of interest here.

      If the strata manager will not recommend to the owners corporation to initiate action via the CTTT then you should go straight to the executive committee.

      It is likely that this is not only a breach of s117 but of 65A also.

      #19178
      struggler
      Flatchatter

        Though I have not had to address a noise problem in my home, I have had to do so when staying in a hotel on business.  Guy next door liked to have his tv and radio blaring and also liked to yell whilst talking on the phone.

        So I popped a note under his door.  I listed the TV shoes he watched and what songs he sang to and on which radio station, and then I hoped his lunch with Bill the next day went well – the conversation he yelled into the phone.  And hey presto!  Problem gone!

        Sometimes people do not know how loud they actually are nor how thin the walls are.  But I believe that most people do not want everyone knowing all of their business.  So by letting this hotel neighbour know that I knew his every move due to his loudness, he may have realised he had lost some of his privacy by not realising there was someone else on the other side of the wall.

        So list the noise, type, and hour it occurred if you can actually hear it that well.  Perhaps your neighbour will value his privacy more than he does your comfort!

         

        #19179
        Sir Humphrey
        Strataguru

          …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…

          If you can hear them then they can probably hear you. I recall being told of a similar problem years ago that was solved as follows: The sleepless person got some friends around, they waited till the sounds from the neighbours had peaked and subsided. Then the assembled friends all burst into loud applause. The sounds did not recur.

          Of course there is a risk that this might just encourage them.

          #19180
          MsM

            Thanks everyone.

            I’ll need to check on owner’s corporation – if they approved tiling throughout. I strongly suspect they didn’t. Can the Strata Manager confirm this for me?

            Yes, agree on all laugh, clap and put a note under their doors – but this seems to have inflamed the situation. New owner’s chant the mantra “there is nothing wrong with what we are doing” to which I reply – when I can hear it – it is too loud. 

            Can I record them – the noise coming into my unit? if so any ideas on good equipment? I’ve tried my mobile phone but it is not picking up enough of the noise for the SM to hear it.

            My other neighbours suggested music playing during their noise sessions, this has resulted in noise complaints to the local council and police call outs against me. So retaliation is not my option

            Community Justice Centre was used for mediation and we have an agreement they will use rugs in the lounge/dining and bedroom areas. But this doesn’t bring down the noise enough. It is also not enforceable such as a CTTT adjudication.  I’ve also read the horror stories in Flat-chat about rugs not working, etc. 

            Thank you for the guidance on section 117 and 65A, I feel at a loss as to what to do next. I had thought like other mentioned – the owner and his partner would not want others knowing their business and goings on – but this seems to make them more vocal in their activities. 

             

            #19206

            MsM said 

            I’ll need to check on owner’s corporation – if they approved tiling throughout. I strongly suspect they didn’t. Can the Strata Manager confirm this for me?

            The strata manager should be able to confirm this for you. You also have a right to inspect the books and records of the owners corporation and could arrange this through the strata managing agents. A look through the minute book will confirm if approval has been given.

            #19239
            MsM

              Hi Just get on with it,

              SM update – property was sold gutted of kitchen, bathroom and flooring. SM says he gets so many calls about this everyday, he doesn’t have time to check if approval to tile the premises entirely was sought by the previous owner.

              SM pushing CTTT claim back to me. I’ve been diarising the times and types of noises I’m hearing. I can’t see much of the property but it seems like the sounds – banging, clanging, dropping of things on the floor have increased this week. 

              I have over 30days of diary notes & times. Is this enough for a CTTT claim?

              Should I buy a sound level meter with data logging to record the noises – particularly in the bedroom and overall at night when they are within the property? 

              What have other people done to prove the noise is coming from another lot?

              I know the current owner and partner are getting quite testy about having to adapt their behaviours – which only serves my point – the floor needs to be put back to carpet, and with respect to their nightly activities some type of acoustic absorbing for the wall.

              The resident above this property is unwilling to assist me in the CTTT complaint, so it is just a case of myself as an owner versus the other owner of the lot. I am aware he can hear the level of noise as it wakes him up.

              Seeking answers????Cry

               

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