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Hello Jimmy and the Forum,
In April 2008 the owner occupiers above our L.N.S unit, removed their carpets which had fairly adequately retained much of the noises from coming through the floor slab into our unit. The carpet was replaced by an un-sound attenuated hard flooring; this seems to amplify the noises through the concrete slab into our unit.
The noises are footsteps, conversations, distressing disputes, crying, two active boys running and jumping and even the noises from cleaning the floor are heard coming from above our heads; it is almost as if the people above and their children were now living with us in our unit as the noises are loud and we are exposed to so much of their lives, waking rowing, talking, playing and cleaning
Cancer treatment has left me unwell, while rest, uninterrupted sleep and peace are an important part of my recovery, this is impossible. To try to mask the noises from above we keep the Radio or TV quite loudly and also use ear plugs. Even then we can be startled and jump at loud unexpected noises; it is as if there was someone else in our unit. The noises have made our unit unsalable or unlettable.
After about 9 months of written requests to the Strata Manager (SM) and EC that they support our Noise by laws that were futile; further requests were then made to the SM and EC that the noise issue be taken to Fair Trading (FT). Eventually the EC Minutes minuted that a Notice of Breach of the Noise by laws had been issued to the owners above us. We wrote to the SM, EC requesting we be advised of its progress. Acknowledgments or responses from the SM and EC are almost nonexistent, as there was no noise reduction nor any advice received from the SM, EC. I wrote to FT inquiring had the issue been brought to their attention. After being referred to another section and another letter required they wrote advising they had no knowledge of the matter.
A letter was sent to the SM and EC with a copy of FT’s letter and advising of how unwell I was and asking them yet again, would they please take action? This elicited a response advising the matter had gone to Mediation and it had been agreed by the SM and the upstairs owner that he would put down carpet squares (not wall to wall or any underlay). We were astounded we were not advised by FT or SM, EC and were not been given the opportunity to put the extent of the noise to the Mediator and that a carpet square would be considered adequate to stop the transmission of noise from this unit into our unit, it all defied common sense. After the carpet squares were put down some of the walking and jumping noises were not as loud, but the loud angry voices and most of the noises continued to be most disturbing and at times distressing.
As we had found the SM and EC to be poor communicators, we were now unsure that the owners above us had been advised how distressing their noises were, we decided we would write to them. As a result of a number of letters the noises gradually decreased, to the point we are only now being badly disturbed several periods day and not every night,
We have learned yesterday (not from the SM) that the owners above us would be moving out, but not selling; they intend to rent out the unit!
We are in our seventies and while I am still in remission my health in not improving and compromised by all this noise and sleep disturbance; we no longer have peace, let alone peaceful enjoyment and our concerns are:
- that the owners above will take their carpet squares with them leaving the unsound attenuated timber flooring
- we may receive a pay back for complaining and the unit let to more noisy neighbours on un- sound attenuated flooring
- that we may have to go though the last 3- 4 years of more noise again.
- we are unable to move as the noises have made our unit unsalable and even at a great reduction it is most doubtful anyone would take on these noises.
Just now the packing up has started along with additional noise. It is hard swimming up steam and then not to make any headway! We are really in need of good advice.
Jimmy and Flatchat are regarded as a great source of reliable balanced information and good advice so please keep up the good work.
Kind regards Flanet
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