Flat Chat Strata Forum Neighbour noise Current Page

  • Creator
    Topic
  • #7267
    Anonymous

      Right now, half a dozen small, squealing children and their mothers are conducting a mini-Luna Park next door to us.  On our other side is a maxi-decibel dog.  We'd like to sell, but who'd buy under the circumstances and what can we do ?

      The 'Luna Park' consists of a large, inflatable bouncy-castle — in the front yard.  Plus several largish climbing-gym contraptions.  The occupiers are renters who were initially described to us by the owners as a ' quiet business couple'.  The owners of the property haven't been seen for a few years.  They (the owners) were instructed to restore the garden of their property to some semblance of respectability 2 years ago.  Since then, thanks to their tenants' climbing-gym fixtures, there's only a yellowed, flattened area of what was grass

      The tenants blow up the bouncy-castle every day and invite several other parents into the yard along with their children for several hours.  It's similar to living next to a child-care centre and will definitely turn away anyone who might have been interested in buying our property.  Incidentally, there exists a play area and several parks within the complex which has climbing and other equipment for children and it is popular with other parents and children

      On our other side live half a dozen people who've installed an extremely loud dog in their rear yard.  It barks for 2 to 3 hours every afternoon when its owners return home.  I've never heard such a loud dog.  We like to keep our rear doors open for breeze, but the dog is deafening and is ignored by its owners who keep their doors closed to its noise and occasionally yell out to the dog to 'shut up'.  We've been living with these twin situations now for approx. 2 years

      Other residents maintain their properties to reasonable standard, as do we, but our property-value is being eroded courtesy of the Luna-park fixtures and of course, the megaphone-dog

      Normally, such situations would be promptly dealt with by strata-managers etc.  Without going into detail, let it suffice to say that this complex has been allowed by the appropriate government office to contravene and ignore legislation.  If Jimmy wishes substantiating detail, I'm able to provide voluminous evidence, most of it bearing government and Ministerial stamps.  Of interest might be that committee-members freely admit to having never read the Management Statement and most are equally clueless about by-laws

      My only solution to date is to contact the local council regarding the dog.  But I will need advice about the Luna-Park situation on the other side please

      I believe we've been extremely tolerant of both situations.  Now we just want to sell and get out of here

    Viewing 1 replies (of 1 total)
    • Author
      Replies
    • #12624

      Noisy neighbours are a common problem and recently we were asked to review a noise by-law in a northern based strata scheme. 

      The model by-law in the schedule 1 of the Strata Schemes Management Act 1996 in respect of noise provides-

      An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.

      However, an owners corporation cannot restrict what an owner does within their lot. This is beyond the power of the owners corporation. 

      Normally, in such a situation an owner would put forward a written complaint to the owners corporation with the details of the breach of by-laws.

      If the owners corporation cannot negotiate a solution, you can put forward a written motion to issue a notice of the by-law breach. The motion would need to be passed by ordinary resolution before a notice of the breach of by-laws is issued. 

      Regardless of whether an owner has been granted with permission to have a pet or recreational equipment, they should have regard for their neighbours. 

      Kind regards,

      Simone Balsara
      Lawyer


      TEYS Lawyers
      The Strata Law Experts
      02 9562 6500

      simone@teyslawyers.com.au
      https://www.teyslawyers.com.au

    Viewing 1 replies (of 1 total)
    • You must be logged in to reply to this topic.

    Flat Chat Strata Forum Neighbour noise Current Page