- This topic has 4 replies, 3 voices, and was last updated 3 years, 8 months ago by .
-
Topic
-
My neighbours past and present, often let their front door slam shut. That door is adjacent to my front room. A crack has appeared on my wall over the last 12 months. These heavy doors close quickly, I presume to prevent any fire from escaping into corridors. Should I let the OC be made aware of this matter, as if it is left unchecked, structural damage may be incurred over time and may cause problems. I’m thinking of the collapsed building in Florida recently. I could be over egging the situation. Should I keep quiet, seal and paint before I depart the building in the future, and leave any potential consequences for someone else?
-
Replies
-
Most if not all modern door closing mechanisms are two stage and adjustable, intended to be rapid closure most of the way, followed by a slower clunk of completion.
Our building’s fire inspectors used to adjust them to one maximum slam, citing “fire safety”. That was until I stood there with my own Allen key (the kind of hex key you get free with furniture from Ikea) and told them, as soon as you’re gone, I’m putting it back how it was.
In the case of your neighbours, probably the easiest thing is to first tell the strata committee about the crack in the wall, and then explain that there’s no point in fixing it until they adjust the neighbour’s door closure (which is also common property).
Two birds with one stone.
You will not be able to persuade people (especially youngsters) to close a door manually when they can just walk through and leave it. But you can have the door adjusted so that it’s no longer a problem.
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.
A few things things come to mind:
1. Make clear to all parties the effect (if any) the slamming noise is having on you. Do not be shy in expressing if the noise is bothering you, separate to the physical damage you mentioned;
2. By all means write to the committee about the damage you have seen. Photographs will help. If nothing is done, the damage will only get worse and you want to be on the front foot in documenting the extent of the damage, the regularity of the slamming and the time taken by the committee to attend to the damage (let alone complete repairs);
3. As Jimmy notes, ask the committee to install or replace any door closing mechanism on your neighbour’s door. A good idea is to suggest it for ALL doors in the building. A well adjusted mechanism should ensure a door closes softly. You could as Jimmy wrote, bring to the committee’s attention that there is no point repairing the damage if the door in question will be without the door closing mechanism. Folk should also be advised not to interfere with the mechanism as adjusted by the Owners’ Corp’s contractor; and
4. Most stratas include a by law on “nuisance”. By laws govern behaviour by occupiers in a strata. The door as you know is common property. The term “nuisance” is defined in the Strata Schemes Management Act 2015, as follows:
153 Owners, occupiers and other persons not to create nuisance
(1) An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not–
(a) use or enjoy the lot, or permit the lot to be used or enjoyed, in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or
(b) use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the common property, or
(c) use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.As a non lawyer, it seems to me that s.153 gives you certain rights, which you should go ahead and exercise.
Let the committee know that the door slammers are breaching the “nuisance” by law (assuming you have one) and that you expect the committee to enforce the strata’s by laws.
Turn the heat up on the committee: mention that the damage, as documented by you, if unattended could well be a hazard (at the very least it will be an expense of the Owners’ Corp) and that the noise from the slamming is interfering unreasonably with your enjoyment of the lot.
As Jimmy notes, ask the committee to install or replace any door closing mechanism on your neighbour’s door.
I actually said that the door closure should be adjusted not replaced. And I wouldn’t get too bush-lawyery too early in the piece.
Show the committee (or building manager) the damage, suggest a solution and only if nothing gets done start making noises about by-laws and the strata Act.
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.
- You must be logged in to reply to this topic.