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We live in a strata duplex apartment. We have the entire floor at ground level. Our neighbour has the entire top floor, above our apartment. The garages are in the basement, side-by-side, divided more or less equally. Our upstairs neighbour uses a dumbwaiter (a miniature elevator) to help with groceries, washing, rubbish/recycling which takes these items from the basement up three levels to their apartment. Apart from issues of their use of the dumbwaiter before 7am and after 10pm which can wake us up, it is very noisy. It’s noisier than a garbage truck using its press early in the morning. The dumbwaiter consists of a heavy-duty chain, 3-phase motor and a little ‘car’ with hard surfaces on 3 sides.It was built in the 60s when the duplex was built and has not been modified or upgraded till now. It is located in an elevator shaft that goes through our bathroom. The walls and door to our bathroom vibrate horribly whenever the dumbwaiter is going up or down – any use usually involves the dumbwaiter going up and then down again. As a retired engineer, I understand that old equipment will always be noisier than new equipment. And I’d love to try some simple modifications to reduce the noise level and therefore our stress.
I’m wondering what we can do to either alleviate the noise, or insist on the dumbwaiter being used within certain times of the day – those that don’t risk us being woken.
So far, the neighbour has ignored our many complaints. They just say “…that’s apartment living….”
Looking forward to a positive response.
Graham
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OK, firstly, this topic was posted (and answered, albeit without the additional information provided here) under another username HERE. It would help everyone reading this website if users responded to the answers given rather than start a completely new thread under a different name.
Now, as this seems to be common property that requires maintenance, and your neighbour is unsympathetic, then you should consider taking action at Fair Trading and the CTTT to force the Owners Corp, that’s you and your neighbour to spend some money fixing the problem.
Also, as I think I said in my previous answer to this question, don’t you have a by-law about the peaceful enjoyment of your lot? Your neighbour is in no position (physically, morally or legally) to judge how noisy the equipment is in your home since they are far removed from it.
Fair Trading will demand a mediation session first. Take recordings of the noise on a smartphone or other digital device because they will have a time stamp on them. Then ask for a legally binding resolution at the mediation – otherwise you can proceed to the CTTT which will be time consuming and emotionally draining for both parties.
Or you could get really serious and ask for a noise abatement order at your District Court. The interesting thing about that is if you get one and they disobey it, it’s a criminal rather than a civil matter.
But try and talk it out first. As Churchill said, “Jaw-jaw is better than War-war.”
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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