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    Is Noise considered a breach of by law? Is one person complaining enough for it to be a breach? Can you send a Notice to Comply to the offender for this breach? If they do not comply is the next step to take it to tribunal?

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    Jimmy-T
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      @paula
      said:
      Is Noise considered a breach of by law? Is one person complaining enough for it to be a breach? Can you send a Notice to Comply to the offender for this breach? If they do not comply is the next step to take it to tribunal?

      First of all you need to look at your by-laws – there can’t be a breach if there isn’t a by-law in the first place.  That said, most buildings have a by-law that entitles owners to the “peaceful enjoyment of their lot”. With that in mind, excessive noise is a breach – what is excessive can be the volume, the frequency, the duration or combinations thereof.

      The EC (or the strata manager, if they have delegated powers) issues Notices To Comply in response to a complaint from a resident (owner or tenant).

      The NTC is a final warning, not a fine.  If the miscreant does it again, the EC or strata manager should apply to have a fine imposed at the CTTT – they don’t need to undertake mediation to do this.

      If the EC or strata manager doesn’t do it, individual owners or tenants can apply to Fair Trading for mediation, in the first instance, leading to an order at the CTTT.  The CTTT Order process is longer and more cumbersome but the fines are ten times higher if the miscreant breaches the order.

      This is all explained HERE.

      If you aren’t getting anywhere with your owners corp, Fair Trading or the CTTT you can apply to your district court for a Noise Abatement order – Details HERE where there is a link to a PDF leaflet that you can download.

       

      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.
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