Noise Complaint

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  • 08/12/2015 at 7:08 pm #10257
    Missy

      I live in WA part of a group of townhouses.

      The house next to me whom I have a common wall (and the only one in the Strata) was purchased by parents and their drop kick of a son lives in the place.  Ever since they moved in I have had problems with the music, I have had the Strata send through multiple complaints, the local council send letters but still I are putting up with music.  The last trick is leaving the stereo on all night.  The letters are just not working.  From this point forward any music I hear I will call the police, eventually they will come out. I hope…Frown

      I have had enough and am putting in an Application to the State Admin Tribunal.  I intend to put the application in the parents name, but without any knowledge whether the parents have rental lease agreement with the son I am not sure whether I can put him on the application as a respondent.  I assume without a signed lease agreement an application against him would not have any standing under the strata act.  He is the problem.

      I have called a few firms in Perth, but no call back (2 weeks).

      I want to submit prior to Christmas (my present to them!), but I want to do it right.

      Any help would be greatly appreciated.

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    • 09/12/2015 at 2:52 pm #24274
      Jimmy-T
      Keymaster

        WE call this “brat dumping” and there is no reason you should have to put up with it as it is almost certainly breaching your by-laws, strata law and Environmental Protection laws.

        Have a look at this factsheet, for starters.  And have a look at this one (scroll down to the section on Noise Abatement).

        According to this factsheet, noisy music has to be turned down by 10 pm.  If they don’t, the miscreants could face noise abatement orders from the police and seizure of equipment. 

        I don’t know the details of WA strata law but I think you could go after both the residents of the unit for their behaviour and the owners of the unit for allowing it to happen.

        Also, what do your by-laws say about nuisance?

        Probably too late to speak to a strata lawyer but I would if I could.

        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.
        09/12/2015 at 4:16 pm #24276
        Missy

          Thanks for the Links.  I will be contacting them for further information.  Our local council advises that any music with a defined base that is audible beyond the boundary of your property may be deemed to be too loud.  I am deeming it too loud and a nuisance under the state law – thus at any time of the day or night I consider it to be a nuisance.  Unfortunately the council will not do anything further until the police come out a determine the music is excessive – then they can go further.  I live in a place where noisy music is not a top priority.

          Our By-Laws do not say anything specific about noise.  I was relying on Schedule 1 Section 2 of the ByLaws about denying me quiet enjoyment of my property.  I simply want to be able to be in my home and not hear the music. EVER!. I know for some this may be extreme but this little brat has caused me so much stress over the whole thing.

          I was going to ask the Tribunal to allow the Strata to implement fines of up to $500 per offence under section 1094 of the act.  Legal advice I had (about 1 year ago) advised this was not automatically part of the by-laws and needed to be introduced through AGM and have a by law written up. 

          The Owners never turn up to AGMs or even reply to the notices, I guess I would like a chance to get them in a room and explain my side of the story.

          think it may be best just to put the parents on and keep calling the police.

          Thanks for all your help.  Much appreciated.

          10/12/2015 at 10:00 am #24277
          traceysc4

            Hi Missy – please take this reply in the spirit it was intended (which is nothing but positive), I question your comment about not wanting to hear his music ever.  It’s difficult to ascertain from your posts if he is blasting his music really loud or if the issue is compounded by having bad insulation in the shared wall.  Having rented flats in Sydney for 20 years now I’ve lived in all sorts of places with all sorts of neighbours.  I think to expect complete peace and quite in a such a intimate way of living is a bit unrealistic.  For example, if I have no TV or music on I can hear my elderly neighbours’ TV or them talking to each other.  I suspect they have hearing problems!  But when my TV is on at what I consider a normal volume, I don’t hear them at all.  This is acceptable to me.  If they weren’t half deaf they could probably hear my Kylie CDs from time to time!  I think we have to accept a certain level of noise (and odour – exotic cooking, anyone?!) intrusion from our neighbours when we live in apartment buildings.

            Saying all that, there is no way that having music going all night at any volume that can be heard by your neighbours is acceptable and I feel for your plight.  Especially if you don’t know how people will react when approached.  I hope your issue is resolved soon and you don’t have to continue to deal with it.  It’s awful when your own space is encroached on intrusively.

            11/12/2015 at 8:11 pm #24282
            Missy

              I expect some noise.  I can hear them use the toilet if I an in my bedroom (not at all pleasant), I can hear them go up and down the stairs.  But I  suspect they can hear me at times too.

              What I mean is I will not put up with music so loud I can shut all the doors and windows in my home and have my tv or on music on and still clearly hear the music.  He has the base turned up so loud I can feel it under my feet.  His girlfriend has her music on, if I step outside I can hear it, step inside I can not.  I do not understand the need to have it so loud.   I have spoke to them, called the police, complaints to the council and still I am putting up with it.  Not as bad as before but still putting up with the music.

              All the other people in the strata do not put up with it so do not help.  The other EC along with me has sympathy for me, but without putting up with it can not really help.  

              The nearest neighbour does not want to get involved.  But will happily complain to me every other week about my tree (which is checked and trimmed every year at my expense to keep him happy).

              I think the best course of action is to just call the police.  I call the State Admin Tribunal and both people I spoke to were less than helpful.

              In the mean time pass my CPA, get a new job and move – my new mantra.

              Thanks for the help

              14/12/2015 at 10:47 am #24287
              traceysc4

                That’s awful, Missy –  you have my sympathy (which doesn’t help much).  Good luck with your studies and hopefully you can move soon.

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