- This topic has 2 replies, 3 voices, and was last updated 2 years ago by .
-
Topic
-
What is generally accepted, and what is the CTTT opinion on a situation such as:
An owner exercises for 1 hour a day 3 days a week. On two days the exercises start at 7am in a garage directly below another resident. On the third day exercises commence at 12.30, again directly below another resident. On each occasion the exercise involves use of a treadmill, which makes a constant noise – so two mornings a week from 7am directly below another resident.
What is normal accepted practice, starting time etc. In your experience how does the CTTT treat these matters? Does “quiet enjoyment” come in to this? The exercising is taking place in a garage, does the use of a garage as a place of exercise have an impact on rulings?
-
Replies
-
Two points – the CTTT hasn’t existed under that name for several years. The Tribunal is now called NCAT (NSW Civil and Administrative Tribunal). Also, it doesn’t issue directives on hypotheticals or points of principle – everything is supposed to be decided on a case-by-case basis, according to the law.
Before you go too far down the strata law slippery slope, have a word with the neighbour and ask them if there’s anything they can do to limit the noise. Rubber mats would be a start.
If they are uncooperative, the relevant law consists of three parts – State laws on noise, strata laws on nuisance and the scheme’s by-laws.
State Environmental Protection Authority laws basically restrict intrusive noise from being created before 7 am on weekdays and 8 am at weekends. Have a look at this document and download the related neighbourhood noise link for more information.
Section 153 of the strata Act relates to nuisance which can include noise and vibration if it disturbs the “peaceful enjoyment” by other residents of their lots. This is a restriction that’s related to the disturbance rather than any time limits (as you will read from some tortuous legalistic arguments elswhere on this Forum). It’s harder to prove but if there is noise and there’s enough of it to disturb people, then you can seek orders at NCAT.
And finally there are your by-laws which may or may not refer to noise and may do so in a way that’s specific to your block. Every scheme can have different by-laws but the “model” by-laws say this:
An owner or occupier of a lot, or any invitee of an owner or occupier of a lot, must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.
If have been told by a Fair Trading mediator that if you don’t have a by-law about an issue on your books, then the model by-laws apply by defaullt. And if you do have a by-law and it’s being breached then the strata committee or strata manager should be issuing notices to comply (although they may want to have a word with the mad exerciser first, too).
Pursuing this on the basis that a garage is an inappropriate place to exercise is probably the least likely route to success, unless you have some official document that says the garage can only be used for parking cars and nothing else.
Hope this helps.
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.
- This reply was modified 2 years ago by .
From Melbourne.
We had an escalating situation in 2020 from people using their own private carports for impromptu (illegal) gatherings on Friday nights over lockdowns, they would sit in the (near) darkness, drink and talk louder and louder as the evening rolled on sometimes past midnight, disrupting everyone’s sleep in nearby units. It was quite sad really. Given VicPol had other priorities in the middle of COVID lockdown # x (whatever one we were up to at the time), they were not interested.
But it did prompt the question to the Owners Corp Mgr as to what we were allowed to do in our own (privately owned and on title) car ports viz-a-viz as a place for a party. It turned out there was a by law (not sure if it is model or custom) that indicated that a car port or garage is only for the storage of a car, perhaps with the poor acoustics of the common area in mind. An email went out and the parties soon came to a halt, perhaps the threat of the OC reporting the illegal gatherings to the police also helped (admittedly, we were less bothered by the exercise sessions of neighbours as to be fair there was nothing else to do in lockdown…). But it was something we were completely unaware of as a community before this.
Question for you is: Do you have any such rules about car port or garage usage in your complex? Is that something you could explore with your OC Manager?
In answer to your question about quiet enjoyment, I’d say it comes into everything (within reason). And perhaps see if you can invite your neighbour for a coffee and have a chat, or a beer and chat (whatever floats your boats), it might be a simple solution!
Best of luck!
- You must be logged in to reply to this topic.