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  • #51469
    Danny D
    Flatchatter

      The apartment above commenced a massive renovation project on the 5th Aug including 5 days of jack hammering up tiles causing intolerable noise to the residents who can only leave their homes for 1 hour a day. As I understand it only ‘essential’ should be carried out during this time yet the OC have done nothing to prevent the work or check if legal.

    Viewing 15 replies - 1 through 15 (of 22 total)
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    • #51481
      Danny D
      Flatchatter
      Chat-starter

        The property is in inner Melbourne subject to Stage 4 restrictions

        #51489
        Jimmy-T
        Keymaster

          Call the cops?  Or is it too late and the work has finished?

          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.
          #51492
          Danny D
          Flatchatter
          Chat-starter

            I have reported them to the Covid Hotlline which gets referred to the local police but you get no feedback.
            The work is likely to take about 10 weeks. Someone said a renovation can be completed if started before the restrictions came into place. They started 12 hrs before.

            #51495
            Jimmy-T
            Keymaster

              I can pass this on to my colleagues in the media but you would have to be named and perhaps be in a picture.  Let me know if you are up for that.  Meanwhile call your local police station directly.  A home renovation is probably way down the priorities of the Covid Hotline.

              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.
              #51505
              Danny D
              Flatchatter
              Chat-starter

                The noise and disturbance has been stressful enough without getting our pictures in the papers. We called at the local police station in person but they referred us to the Covid hotline.
                What I was hoping was that someone would be able to tell me whether major renovations in a Strata block are allowed during Stage 4 lockdowns in Melbourne.

                #51497
                Austman
                Flatchatter

                  Check with the DHHS.

                  But some specific information regarding renovations is here:

                  <h3 id=”can-my-renovation-proceednbsp”>Can my renovation proceed?</h3>
                  Tradespeople and builders can only visit your home for renovations if you have fully vacated the property and are not staying there during the period of Stage 4 restrictions.

                  If you have vacated the property, then renovations can proceed in line with restrictions on residential construction.

                  If you’re still living at the property, then tradespeople and builders can only make emergency repairs.

                  https://www.dhhs.vic.gov.au/stage-4-restrictions-summary-covid-19#can-my-renovation-proceednbsp

                  #51508
                  Jimmy-T
                  Keymaster

                    What I was hoping was that someone would be able to tell me whether major renovations in a Strata block are allowed during Stage 4 lockdowns in Melbourne.

                    Try these DHSS contacts

                    Make a complaint

                    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.
                    #51519
                    scotlandx
                    Strataguru

                      Call the Council.

                      #51556
                      Small strata wiz
                      Flatchatter

                        Hello Danny D

                        Not sure what sort/size of block you live in, but it sounds like multi-storey? If so, then you may not be the only person affected by the renovation. Have you spoken to residents living in other units adjacent to or above/below the works?

                        It may also pay to find out from the Strata Committee or Managing Agent what conditions attached to the approval, and to ask them to step in on your behalf. (OK, I know, but it’s worth asking though.)

                        I recently did a kitchen reno. While there were only minor conditions attached, I took the trouble to speak to neighbours to work out ways to reduce noise eg no power tools at certain times of the day when their toddler was sleeping, finding out when they would be away working (health workers) etc. Are the workers doing the upstairs reno approachable?

                        Hope it works out for you.

                        #51563
                        Danny D
                        Flatchatter
                        Chat-starter

                          The block is 9 stories high. The owner doing the reno is also his own building company. He is also on the owners committee. Apart from putting a few notices in the lifts giving times of noisy work i.e 9-10 10.30-12.30 and 1-2 he is oblivious to the many complaints by residents as is the building manager and OC chairman they just say he is legally able to do the work. I am assuming he just told them building construction is a ‘permitted’ industry. I asked them to check the Covid hotline but they have done nothing. It smells of collusion. The rules for building works are that the house must be empty. With a Strata apartment it is empty but we have builders using the common parts causing extra Covid risk. It seems there is a big loophole in this area. I reported on the Covid hotline but you get no feedback. With a lot of money I could go for an injunction with VCAT but that would add to the stress. Does anyone have some legal expertise in this matter. Thanks for all your input so far.

                           

                          #51574
                          Jimmy-T
                          Keymaster

                            With a lot of money I could go for an injunction with VCAT but that would add to the stress.

                            I don’t know that this would take a lot of money.  As for stress, it may increase in the short term but reduce in the long term.

                            This FactSheet (if you haven’t already seen it) has all the information you need.  It also has a link to this page of bodies that might help and this page for urgent hearings.

                            Considering VCAT’s stated parameters for an interim injunction are …

                            your case is serious

                            you will suffer damage that can’t be compensated by a payment

                            the injury or inconvenience to you will be greater than the injury or inconvenience the other party would experience.

                            … I would think you would get a hearing, at least.

                            Just a couple of thoughts.  Get as many neighbours as you can to support you and try to avoing making it personal or about undue influence on the committee.  That kind of thing could shifts you from legitimately aggrieved resident to vengeful owner or conspiracy theorist in the minds of Tribunal Members.

                            Good luck

                            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.
                            #51579
                            Austman
                            Flatchatter

                              Apart from putting a few notices in the lifts giving times of noisy work i.e 9-10 10.30-12.30 and 1-2 he is oblivious to the many complaints by residents as is the building manager and OC chairman they just say he is legally able to do the work.

                              If he has received written committee permission to make the noise, he probably is allowed to.  That’s part of the Model Rules in Victoria. Model Rule 6.2(2) “6.2 Noise and other nuisance control” applies.    You’d have to get enough other owners together to organise an OC meeting that rescinds that permission.

                              . With a Strata apartment it is empty but we have builders using the common parts causing extra Covid risk. It seems there is a big loophole in this area.

                              #51580
                              Austman
                              Flatchatter

                                The rules for building works are that the house must be empty. With a Strata apartment it is empty but we have builders using the common parts causing extra Covid risk. It seems there is a big loophole in this area.

                                I agree.  It’s not clearly defined by the DHHS.  The best I can make of their guidance is that strata common areas should be treated like public areas.  Meaning that persons including trades must wear masks when in those areas.  Trades are certainly still allowed to access or cross common property areas if the work they are doing is permitted.

                                I think that without further clarification from the DHHS, you’d have a tough time convincing police or the COVID hotline that there is a breach.  Hopefully you’ll get a response from them.

                                #51588
                                Jimmy-T
                                Keymaster

                                  Those permissions were given under completely different circumstances under which people would be going to work.  Now you can’t even go to a cafe to get away from the noise.  I really wish you would let me pass this on to the Melbourne media as they might force the authorities to deal with it rather than shuffle it into the too-hard basket.

                                  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.
                                  #51596
                                  Danny D
                                  Flatchatter
                                  Chat-starter

                                    Thank you all for your input. I have written to the ABC pointing out the  anomaly that an apartment block’s  common parts are treated the same as if it were a street with people passing each other in the open air.

                                    The 6 days of jack hammering and subsequent grinding of the concrete is now over. The next stages will just be hammering/sawing etc which will only affect our apartment to any real extent so getting other apartments to join a campaign would be difficult. Next step is to contact our local councillor. We have recordings of the jack-hammering so let’s hope we can get a result. An injunction With VCAT would be enjoyable to serve but as the owner is also the builder he would have an in house lawyer who would inflate a damages claim should we lose. Let’s see how we go.

                                  Viewing 15 replies - 1 through 15 (of 22 total)
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