Flat Chat Strata Forum Neighbour noise Current Page

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  • #8605

    Hi all,

    Sorry – long post!

    I have some new neighbours that have moved in a month ago, and haven’t really got off to a good start. My apartment block is 12 small one bedroom units, 2 storeys. I’ve been there 3 years and never had noise issues with upstairs, with the exception of a woman building furniture on the floor at midnight whilst wearing headphones, who stopped immediately and apologised profusely.

    Apparently since that time, the previous owners put down floorboards and sold to another person, who is listed as owner/occupier. However it is his son and friend(s) living in the apartment. For the past two weeks – all I’ve heard is them stomping around, their conversations (not the words, just the voices, and occasionally yelling or loud laughter), them coughing, I can even hear them peeing in the toilet! They have bunk beds in the bedroom and whichever one sleeps in the top one, JUMPS down whenever he gets up (usually at about 6am). They slam the door and screen whenever they leave or enter, and also slam cupboards and drawers. I can hear all this with the TV on at a normal volume, and with the doors / windows closed.

    Apart from this, they’ve had numerous parties, which go to all hours, and usually involve their friends spilling onto the walkway on the 2nd floor (which is a  walkway, not balcony, therefore common property). Not to mention all the obscenities and language coming from them or their guests.

    I’ve tried to be nice – I really have. I’ve been upstairs 3 times on my own to ask them politely to keep it down – that I can hear EVERYTHING they do, that perhaps some mats or not slamming the door might be helpful to reduce to problem. I’ve been greeted with “yeah, whatever” or “yeah, ok”. I’ve been upstairs with a neighbour’s male partner to see if they would take THAT more seriously – we were greeted with “we’re having a housewarming, want a beer?”

    Even when they go out, which appears to be most nights, they return & slam the door, thump around, talk loudly in their lounge room (which I can hear in my bedroom), so I actually lie awake dreading whatever time they’re going to get home and the noise will begin.

    I walked to my parents house in my pajamas on Friday night at 1:16am because they got home from wherever they were and starting yelling and joking and thumping on the floor, and then stayed at my parents home for three nights, because every time I went home… thump, thump, thump, slam, crash, slam, bang, rattle…

    I’ve contact strata three times, and they’ve been very helpful – they have contacted the owner, he said he’d talk to his son, but that they should also send the son a letter “so he knows its serious”. This letter is still sitting in the mailbox, because he and his roommate are young and don’t seem to realise adults get mail!

    I’ve hesitated in calling the police assistance line to complain, because I don’t want to waste their time with thumping and talking and things. But I’m at my wits end – I’m starting to dread driving home, waiting for the noise, or knowing its coming. This is actually making me physically ill – headaches, stomach upsets, lack of sleep, stress, high blood pressure.

    Are there any other suggestions for ways to let them know this can’t continue? (I’m keeping a noise log.) And since the owner isn’t ACTUALLY the occupier, is there some other action I can take?

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  • #17428
    Jimmy-T
    Keymaster

      Check your by-laws – you should find that your are entitled to the peaceful enjoyment of your lot.

      You should take this complaint to yuour EC and/or strata manager asking them to issue a Notice To Comply which says that the gang upstairs should either modify their behaviour or replace the carpet on their floor (or both) or face fines and orders at the CTTT.

      If they EC won’t do this (and sometimes they don’t) then you can take action at the CTTT yourself. In the meantime start gathering evidence (statements from neighbours, recordings etc) to support your case.

       

      You don’t have to put up with any of this.  It is NOT part of apartment living, as many like to say.  Some selfish parents have dumped their noisy brat kids on you and you are entitled to say ‘enough!’

      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.
      #17579

      An update:

      Apparently the owner, the father of the tenants, told my strata agent that there is soundproofing under the floorboards (he didn’t install it, so I’m unsure as to how he knows that), and that I’m “just lucky to have had quiet neighbours before”.

      In regards to four 20 year olds living in a one bedroom apartment, strata were told “they don’t all live there ALL the time”, and “they’re boys, they’re allowed to do whatever they want in their place.”

      My strata said to go to Fair Trading, who said a Notice to Comply is first, then CTTT, then mediation. I don’t even know if strata have sent one of those.

      (I’ve actually moved back into my parents place and am renting out my apartment – not just because of all this crap, but it certainly was a contributing factor.)

      Obviously this is going to be a fun issue to deal with – given the attitude of the parents of the tenants involved.

      #17582
      Jimmy-T
      Keymaster

        Amazing the nonsense some people spout in order to pursue their own selfish ends.

        I wouldn’t even engage on the issue of whether or not there is insulation – it’s clearly not effective if it exists at all.  And no, they don’t have the right to do whatever they want in their apartment – id Daddy thinks that ‘s OK, let him put them in a room in his house.

        Also the owner of the apartment is responsible for the behaviour of the ‘tenants’ and can be issued with a noise abatement order at your district court, if need be.

        But at the very least you can apply as an individual to Fair Trading to issue a Notice to Comply with whatever by-laws you have regarding noise and/or flooring.

        Meanwhile your Executive Committee members need to ask themselves why they have taken on the role if they aren’t prepared to enforce their own by-laws.

        One thing, when you refer to “the Strata” who do you mean?  The Strata manager?  The building manager? The EC?  They all have very different roles.

        And the process at Fair Trading is Notice to Comply or application for an order, compulsory mediation, adjudication on paper (no hearing), then a hearing at CTTT – assuming the problem is not resolved or neither party gives up – leading to an order by the CTTT.  If they breach the order they can be fined up to $550.  If you get the order against Pops he might rein them in a bit.

        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.
        #17583

        Apparently the strata manager said she heard the mother in the background feeding lines to the father re: the boy’s behaviour. The strata manager had previously thought the father had been on the side of logic / common sense. I actually think the Dad might have bought the apartment to get them the hell out of his house…

        I’ve been dealing with my Strata Manager regarding the issue, and today she just said “you need to go to Fair Trading”. I’ve also discussed with my neighbour (who is on the EC), and she has approached them to keep it down, but really didn’t get anywhere and she also approached our strata manager about sorting it out.

        Is it Fair Trading who issue notices to comply, or strata? When I spoke to a person at FT, she said “strata should send out notices to comply”. I’m getting so confused by all of this and who is meant to do what!!

        (I don’t think we actually have a building manager – is that someone that comes and maintains the building? Strata apparently pay various companies for putting out the bins and sweeping the common property, and I have no information regarding a building manager for the property overall.)

        #17585
        andyj
        Flatchatter

          Hi KatieA978,

          I am experiencing an issue that is almost identical to yours. I have been working with our strata manager and a solicitor to get my issue resolved. I am currently taking the owners to the CTTT for a breach of by-law 14 under schedule 1 of the strata management act. I have also recently had a meeting with the exec committee and they have issued, via our strata manager,  a notice to comply with by-law 1 (noise) to the tenants of the lot. I am pretty sure you can also ask both the owner and tenants to comply with s117 (a) of the strata management act (Jimmy please correct me here if I stray). Only the Exec Committee or the CTTT can issue a comply with by-law notice, however both of you (EC and yourself) can seek orders from the CTTT.

          I agree whole heartedly with Jimmy. You do not need to tolerate any of this. Gather evidence (noise log, letters or stat decs from neighbors, friends, recordings of the noise). See if you can get the EC onside and really stick it to these selfish people at the CTTT

          There endeth my rant

          Good luck

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