Flat Chat Strata Forum Neighbour noise Current Page

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  • #8065

    Hi there, sorry if this is a long post i will keep it as brief as I can, I live in a 5 townhouse complex, all 4 are owners, including myselft, next door to me lives this seriously strange person. For months now she has been shouting profanities and causing large amounts of noise, the profanities are directed towards my wife and my dog, the dog is a small dog, mostly lives inside and out. The dog will on occasion bark at cats or other people walking along the common area.

     

    Anyways this lady gets drunk a few times, the first time we just dismissed it as crazy drunk talk, but last time about a 2 months back she kept on ranting so much so that 3 neighbours from outside the complex called the police on her, lets just say that she got warned to shut up and go to sleep.

     

    5 minutes after the police leave, she comes to our front porch and begins to shout abuse towards us, i just closed my door and listened in, she began quoting that she will kill our dog and “take care of us” as well as she wasn’t scared of anyone. So she decides to steal something from our property.

    So off I call the police again, they come back, arrest her for making threats, resisting arrest and stealing property.

     

    Now the fun parts, I have notified strata the first time she lost the plot, they said to call the police, so the second time round police asked me to contact strata to notify the real estate that she is renting from and also the owner of the unit. Twice I have asked strata to do this, first time they didn’t get the email, righty oh, sent the next one and personally spoke to them on the phone, this time they agreed that they will send a letter out, and I was to recieve a copy.

     

    Now 1 month later I call up to enquire to be rudely told that strata don’t get involved if people don’t get along, Im like “WHAT THE F0OK?” Are you serious, I told him under the bylaws of noise, she is making a serious breach and also a serious threat to my wife, myself and my dog.

    I also ask him why I am having to chase this up when he was supposed to send the letter out, to be told “we don’t get involved”.

     

    I spoke to someone else from the strata company and they agreed that the strata manager should have been in contact with us sooner and he was going to chase this up, only to be told later that “if we haven’t heard anything, don’t worry its a good thing”.

     

    Umm hello but maybe my cheese fell off my cracker but Is this in fact correct?

     

    What are my options besides threatening the strata company, but i feel that if I do that i will get nowhere???

     

    Please any help would be great.

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  • #15318
    Whale
    Flatchatter

      I assume that you have a consent from your Owners Corporation (O/C) to keep the dog on your Lot; yes?

      You need to obtain (from the Strata Manager) a list of the By-Laws that have been Registered for your Plan, and IF they’re the Model By-Laws contained in Schedule 2 of the NSW Strata Schemes Management Regulation (2010), there will be Items covering Noise, and the Behaviour of Occupants.

      That being the case, you need to speak with your Plan’s Executive Committee (EC) about them convening a Meeting, where they can Resolve to issue the tenant with a Notice to Comply for each of the By-Laws that have been breached. 

      The issuing of these Notices is usually delegated to the Strata Manager (SM), so your EC can instruct him to prepare and issue those Notices and to provide copies to the Landlord /Owner; remember that the SM works for you, so he must “get involved”.

      Landlords / Owners have a responsibility to ensure that tenants comply with the By-Laws, and compliance is also a Condition on Tenancy Agreements, so these, together with the issue of the Notices should see an improvement in the situation.

      BUT… if the tenant again causes a disturbance in breach of those Notices, then the Landlord / Owner can commence proceedings against the tenant in the Tenancy Division of the NSW Consumer, Trader, and Tenancy Tribunal (CTTT) where the Lease may be terminated, and/or your O/C can commences proceedings in the Strata Division of the CTTT where Orders and Penalties may be imposed.

      There’s a strict process to be followed with the O/C’s Application to the CTTT, and your Strata Manager should know what that is, and follow it.

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