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Topic
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Banging from roof is driving us bonkers!
Can anyone suggest a solution to an ongoing problem? We purchased our apartment seven years ago and have been plagued by an intermittent loud banging/cracking sounds emanating from the concrete slab roof. Our apartment is located on the top floor of a three story building. This disturbing noise is ongoing, during the afternoon and again at night, at times loud enough to wake us from our sleep.
I have continually raised this issue with body corporate members at AGMs and the executive committee without any sign of a resolution. At first I was told by the EC it was the foundations settling (but the building is 40+ years old). And then told “buyer beware” and “this is your problem living on the top floor”. I asked the strata management company if this issue had been previously reported and was told they don’t retain records longer than five years and portfolio manager is changed every year (no corporate memory). Terrific!
My wife and I are at the end of our tether. I am a light sleeper and woken most nights (usually 3am by this alarming loud banging/ricocheting cracking sound bouncing across the ceiling. The adjoining apartment which is rented has seen two sets of tenants move out because of their concerns about the cracking noise. The owner then reduced the rent for new tenants to compensate for this disturbance. But still the owner’s corporation and EC members collude in their denial of this ongoing problem.
What can we do?
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Replies
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I think a more serious talk to the strata manager might be the next step. If you have only so far asked whether it has been previously reported, then there are some other questions to ask:
Does the OC have an unequivocal statutory obligation to maintain the common property which includes the roof? (answer is yes).
Who would be liable if the noises were symptoms of a serious structural defect and the roof were to collapse? (Answer should be that the OC (IE all owners) would be liable, and perhaps the managing agent as well if it was brought to their attention but they did not advise the EC appropriately)
What if the noises were a consequence of something that could be easily fixed with some minor maintenance? (Answer: the EC could just get on with fixing it out of this year’s maintenance budget)
How can the OC know if the cause is minor and easily fixed or serious and dangerous without an engineer’s report? (Answer: It can’t know for sure unless there is something really, really obvious, but even then you almost certainly want the OC to spend a few hundred dollars to get the advice on what the problem is and how to rectify it.)
Do you (managing agent) recommend that the OC engage an engineer to advise, and can you arrange that? (The answer should be yes to both of those!)
Take a section 162 complaint against the Owners Corporation for failure to maintain and repair common property. Yes, I know you are taking action against yourself but you need to let NCAT decide if something needs to be done.
Don’t let the “I’m Alright Jacks” bully you. Make sure they know that their instransigence is likely to cost the OC even more than it should.
By the way, pebbles are a simple and effective way of dissipating heat from roofs
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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