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We live in Victoria and have just moved in a complex with three townhouses. We have a shared private common driveway which is secured by a security gate. One of our neighbours continually lets their guests’ cars into our shared driveway (either to drop off something or park for a short while). This is annoying as we always hear the drone of the cars entering, and at times our house vibrates as the car is reversing in the driveway and backing up against our windows. We have agreed that non-resident cars should not be allowed in the common driveway, but they still do not comply. Am I right that they are breaching the Victorian by-laws?
In addition, they use their power tools in their garage with the garage door open and also their guests are quite loud in the common driveway when they leave the premises. I understand that the neighbours should not unreasonably create noise likely to interfere with peaceful enjoyment (see by-law below). I liken the noise and disrespect to an apartment complex where a neighbour makes noises in the hallway (shared area). People should just be respectful of others in the complex no matter what time of the day. I would like to send them a letter of complaint but I wonder if this would get anywhere. The whole thing is starting to stress me out even though we have asked them kindly to be more quiet and not let their guests’ cars into the common area. They initially agreed but now that we continually see breaches and have continually asked them to stop, they are doing the exact opposite to spite us. Please help!
5.1 Behaviour of owners, occupiers and invitees on common property
An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.
5.2 Noise and other nuisance control
- An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.
- Subrule (1) does not apply to the making of a noise if the owners corporation has given written permission for the noise to be made.
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Replies
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Raindrop
If you do not complain officially they will not stop. You have done the right thing and asked them directly to stop and despite this they continue to do whatever they like. People like this are just plain inconsiderate and will not stop. The next step is to officially complain.
For the driveway issue was it an official by-law or just a verbal or email agreement that no non-resident vehicles in the driveway? Make it a by-law of your strata (if possible) and then you can hit them with a non compliance notice. My neighbour wakes me up every morning as he is leaving with his noisy car (the brakes sound like they are screaming) before this it was the music from his subwoofers through my house at 5am.
As for the power tools it might be worth a look at what the local council you live says about power tools and the noise limits. It may be a safety hazard to have the power tools going with the garage shut, but worth a look.
Talk to the other owner and see if they are on the same page as you. Not so much weight in numbers but another independent person having the same issues may get them to realise that they are the problem.
As for the attitude they simply do not care. I have had to put up with this sort of thing for a whole year and despite asking them to stop explaining my situation they did not care. The stress will feaster and affect your health. I am at the stage of looking for another accommodation because I hate the place I live in now. For three years I loved my home, not any more. I dread the weekend for the noise, music, parties I may have to put up with. I have sent numerous emails to strata management with little effect (all be it a few weeks relief). I have contacted the police on many occasions about the noise. I have sent an official complaint to my local council and next step is Strata Admin Tribunal. Do something now or it will never stop. Trust me. They will do what they want because they can get away with it.
If they are renters then hit the owners make sure that the owners know will be legally responsible for any penalties.
Get you Strata Manager (if you have one) or your EC to send a email advising them of the noise and disruption is excessive. Keep a diary of the noise, evidence is key.
Good Look…
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