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I have been living in this unit I bought a year ago & am forced to wear a set of very uncomfortable ear plugs to get some sleep after days of interrupted sleeps. This is due to a disturbing noise produced by a faulty pipe/plumbing as the resident above me takes his, on average 1 hour-long, showers during the ungodly hours of between 3-5am.
It is only recently that I noticed this problem as the person in question have just started a new job for which he has to get up early. It is getting so bad that these days I lay awake awaiting for him to begin his showers. I have been going to work very tired and restless & had been taking a day here and there off-work to get some rest. I have gathered a courage and tried to speak to the person but he basically told me to “get lost” or shut his door violently whenever I approached it.
I have raised the issue with the strata manager and the executive committee. So far, these bodies seem to be hopelessly inadequate and the former doesn't even bother to reply to my emails. Now, I am thinking of not paying the strata fee & levies so as to use the money to pay the fees for when I take the case to the Consumer and Tenants Tribunal (hope that is what it is called). My questions are: (1) am I entitled not to pay the strata fees & levies as I am not getting any assistance? (2) can the tribunal force a difficult resident to appear for mediation? (3) What is the difference between an Owners' Corporation and a strata management?
Thanks for all your advice.
(Yaballo1)
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OK, first up, the last thing you want to do is not pay your levies as that removes your right to vote and table motions, among other things.
Secondly, this is not about your neighbour who has the right to shower whenever they like. It's about inadequate sound insulation in the pipes of your building (the kind of thing that makes “luxury” affordable). This is a defect that your Owners Corporation needs to attend to and they have a legal obligation to do so.
If they refuse, call 13 32 20 and tell Fair Trading that you want to take action against your Owners Corporation to remedy a building defect.
Finally, the Owners Corporation is every owner in your building, whether they want to be part of it or not. This includes you.
The Executive Committee is elected each year at the AGM of the OC to make decisions on its behalf.
The strata manager is employed by the Owners Corporation to run the building's finances and by-laws. They are usually answerable to the executive committee on a week to week basis but, ultimately, they are employed by the OC.
Owners Corporation decisions always take precedence over EC decisions.
Hope this helps
JimmyT
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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