- This topic has 8 replies, 5 voices, and was last updated 13 years, 1 month ago by .
-
Topic
-
Everywhere I read, I see the words quiet enjoyment being used. In tenancy agreements, in strata by laws, in the law. There are no exceptions, no times where noise is allowed (as with single dwelling houses).
So with all that emphasis on quiet your rights for a quiet environment outweigh anyone's rights to cause a disturbance of any kind.
All the arguments regarding drumming, children, parties, loud music are rendered mute as your right to quiet supersedes any other right. I have never seen a clause that states anyone has a right to make a reasonable amount of noise. The other key clause that exists is the obligation not to disturb your neighbours.
This means any time anything disturbs you, you have the right to ask for it to be stopped, and they have the obligation to stop it. No ifs, no buts.
I see all these arguments by people saying its reasonable, its not that loud, that it is only once off, etc. But if you are being affected by it, you have the right to have it stopped, they do not have the right to make any disturbance than infringes upon you.
-
Replies
-
Fortunately, david18xx, you're right.
But if you live in a unit and want to throw a party, how about you simply let any neighbours who are likely to be, even slightly inconvenienced, know well ahead of time so they are expecting it and make other arrangements if they wish. Or if you want to hang a picture or 16, the same common courtesy would apply.
And if you do live in a unit, like me (a cheaply built one where noise is easily transmitted) there are probably 20 or 30 other households living within earshot. Spare a thought for them.
david18xx said:
Everywhere I read, I see the words quiet enjoyment being used. In tenancy agreements, in strata by laws, in the law. There are no exceptions, no times where noise is allowed (as with single dwelling houses).
All the arguments regarding drumming, children, parties, loud music are rendered mute as your right to quiet supersedes any other right. I have never seen a clause that states anyone has a right to make a reasonable amount of noise. The other key clause that exists is the obligation not to disturb your neighbours.
Even people who live in houses have to abide by the local council noise laws. Usually this means that after 10pm at night, and before 7am in the morning on weekdays, people need to keep any noice within their property. In daylight hours almost anything goes with leaf blowers, lawn mowers, and other noisy activities going on. Fortunately, it is usually not all day every day, otherwise people's health can be affected.
Most of the people who have posted about noise on Flat Chat have had to bear unreasonable, ongoing noise from very inconsiderate, even abusive neighbours.
I live in a large land strata development where some people do not like the sound of lawn mowers, brush cutters, chainsaws etc etc. This leads to people throwing rocks all over other peoples lots, throwing empty bottles on lawns, ring up the neighbor and screaming abuse at their wife and kids.
Sure we have the usual, standard, compulsory if you like, by-law about noise but i recently invited the Secretary to include with the EC minutes an extract from Protection of the Environment Operations (Noise Control) Regulation 2008.
The Secretary wished to contend that our noise by-law was relevant (i.e. the State Regulation took as back seat to it) yet in over 20 years the EC has never once sent a person a notice to comply for too much noise for using any of the devices covered under the Regulation.
The EC declined to include the extract or even even mention the hours of use and specific equipment under the regulation so as to preserve the pretence that the by-law is the be all and end all of noise control in the SP – which it is not.
We have had similar issues with the use of power generators until the late hours of the night. The by-law again takes a back seat to higher laws.
If my neighbor wants to mow his lawn or chainsaw some fire wood at 7:30 pm on a weekday then that is the way it goes as long as he stops before 8pm. I know this is not exactly what this topic is about but it shows that you can make noise in some SPs.
Are they making by-law enforcement compulsory in NSW? Did I miss something? I hope they are.
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.
Yeah, I knew all about that and I was invited to make a submission. But I will believe the changes when I see them. There are so many powerful and vested interests it's impossible to tell what will emerge from all this.
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.
david18xx said:
But with the new laws coming in about the compulsory enforcement of by-laws, one can argue that the letter of the by-law be enforced (or CTTT enforced) which goes further than the Regulation.
The regulation states – Restricting the playing of loud musical instruments and sound systems that disturb neighbours after 10 pm Sunday to Thursday, rather than after 12 midnight.
The fact that it disturbs neighbours at all (and at any time) would be in the by-laws.
Hi David,
I think you will find that by-laws are the bottom rung as far as enforceable rules go. That is to say by-laws are subordinate to just just about everything else, including regulations.
For example an OC cannot pass a by-law or adopt a by-law that infringes on anything in the Strata Schemes Management Regulation; just as some strata by-laws cannot infringe on some other state regulation. Imagine if by-laws could over ride regulations; take a look at the SSMR; see anything you do not like then just pass a by-law to make the regulation “obsolete”.
s43 SSMA (4) A by-law has no force or effect to the extent that it is inconsistent with this or any other Act or law.
If the idea is that any noise that disturbs any neighbor becomes a breach of an enforceable by-law then the whole thing just becomes unworkable.
- You must be logged in to reply to this topic.