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Perhaps 10 years ago, one of our owners removed all the carpet and installed trendy vinyl flooring make to look like polished wood. He was the type who never hesitated to ask his solicitor to defend his perceived rights so it would have been a waste of time asking him to comply with the default by-law.
Recently his unit was sold to a nice couple who probably paid a bit much but that’s their problem. We asked them to cover the heavy-traffic areas with carpet in order to reduce noise nuisance in the unit below. They put in a couple of runners but not nearly enough. So we’ve applied for NCAT mediation to enforce the by-law.
No doubt they’ll tell the mediator that the by-law has never been enforced so why should they take any notice of it. How strong is that argument?
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There are three main elements that determine the amount of noise transmited through floors, the floor covering, the composition and thickness of the concrete slab and the behaviour of the residents.
If you were to say that you never complained about the previous occupants because their behaviour (maybe not wearing shoes indoors) meant there was rarely any problem, then you wouldn’t have to justify why you are only now complaining.
That’s not the issue but it gets you past the “why now?” question and into the nitty gritty of the problem.
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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