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I’d really appreciate some guidance on this sensitive topic. In a small block of 6 units where 3 are owned and 3 rented, we try to live as harmoniously as possible. It’s never easy. ever.
One of the owners has a defacto partner and more often than not they are fighting. We have had our managing agent issue two notices already to please ease the noise, the language and the late-night fighting.
It got worse this morning when I had to call the police for fear they were hitting each other, so loud were the screams and running up and down in the apartment. The police arrived shortly after, and then i found out another neighbour had also called because her children were whimpering with fear. Yes- it is that bad.
So – where do we go from here? I don’t think a $500 fine is going to deter them from fighting. And i fear a backlash in the form of unpaid levies.
I’d be glad to hear your outcomes from similar stories and please share your advice.
Thanks.
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With two Notices To Comply having been issued and the police having been called, I think it’s time to ramp this up to the next level and apply to your local court for a Noise Abatement order.
That is a much more powerful instrument than a CTTT order in that it is a criminal offence to breach a court order and the police can arrest the miscreant if they do so.
Download and have a look at the document Dealing with Neighbourhood Noise and this one – Seeking a Noise Abatement Order.
Fair Trading and the CTTT aren’t particularly well equipped to deal with “domestics” and the process can be long and stressful with no guarantee of an acceptable outcome.
Gather your evidence (including police reports) and, with the support of the Owners Corp and individual owners, you can get a quick and effective solution through the local courts.
Regarding the unpaid levies, at the first sign of any such “retaliation” you could point out that not only are they subject to a mandatory penalty interest charge of 10 percent, they are also liable for all the reasonable costs of debt recovery, including the charges imposed by a debt recovery agency and, if necessary court costs. If they still won’t pay, you can garnishee the proceeds from the sale of the unit so that the Owners Corp gets paid before the money even hits the bank.
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.
thanks Jimmy T. It’s great to know the proper process in details.
Regards and thanks to you, M.
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