Tenants and late night noise

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  • 15/10/2013 at 10:48 am #9093
    andyj
    Flatchatter

      Hi All,

      I have recently won a protracted battle with the owner of the unit above mine over an extremely noisy timber floor. I now have had the owner install carpet that has gone a long way to reduce the horrific noise that was being transmitted from above 24h every day. Unfortunately the tenant has taken this action to mean that the lot is now totally sound proof. They have had a history of slamming internal and balcony doors at all hours of the day and night. This continues unabated to date. Although the impact noise from the floor is significantly reduced, they are now dropping heavy items on the carpeted floor for an hour between 2 and 4 am which is waking everyone in our wing of the building. I am nearing the point of raising the white flag, selling up and going back to renting, which will be a pity as we once had a beautiful block in a great location.

      The balcony doors are common property. They make a deep rumbling noise when opened and closed in surrounding lots (never a problem with the previous tenant). How do I go about getting this resolved as it seems that the OC should ensure this noise is eliminated.

      We have sent all owners a notice re trying to keep the noise down and not to stomp around too often. All other lot occupiers are adhering to this except the bunch above. Is it worth me taking the tenants to mediation/CTTT or will this look like I am vexatious to the CTTT now I have had the flooring changed. I have the support of the lot owners in my wing

       

      I really would like to have this resolved so that we can all live in peace and harmony and I can get a good nights sleep for the first time in 2 years

      Cheers

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    • 15/10/2013 at 10:46 pm #19810
      Jimmy-T
      Keymaster

        To avoid it looking like you are conducting a vendetta against these tenants, it would be better to get your Owner’s Corp to run the case, especially if you have the support of other owners.  Otherwise, as the person most directly affected, lead the charge by all means but  make sure you have statutory declarations from the other owners to back you up,   The CTTT rarely declares  complaints as vexatious – they are much more likely to hammer an owner or tenant who defies the spirit of orders they have issued.

        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.
        16/10/2013 at 4:53 pm #19814
        Whale
        Flatchatter

          Andy – as the rumbling noise from the balcony doors wasn’t a problem with the previous tenants, it’s likely due to cracked rollers on the bottom of the door.

          That’s an O/C problem, so suggest you have it try that fix first.

          16/10/2013 at 5:50 pm #19815
          andyj
          Flatchatter
          Chat-starter

            Whale,

             

            I completely agree. We did have the rollers replaced in the doors about 12 months ago. It did improve but not fix the rumbling noise for a wee while and then it got very bad again quite quickly. The “trades people” who did the job had to come back and redo one balcony door in the offending unit a week after the first fix up and then said that the doors were transmitting the noise through the wall void cavity and they could bairly hear the sliding door when using it in the upstairs unit but it sounded much worse underneath. I think they may be full of s… as the balcony slab likely forms part of the main floor slab and won’t have a air gap under the sliding door. As the building is 40 years old perhaps it is time to consider replacing the doors themselves. Mine run poorly and loudly as well, but I have the courtesy to recognize this and open them very gently and only during daylight hours. Time for the sinking fund I think. Then we will address any residual behavioral issues if necessary.

            21/11/2013 at 3:23 pm #20264
            andyj
            Flatchatter
            Chat-starter

              Hi Jimmy and learned Strata Gurus,

               

              My neighbor has attempted mediation regarding continued disturbances from occupants of the lot above mine  (respondent failed to respond to mediators requests to attend mediation) and is soon to submit an application for adjudication. He has asked for the file numbers of my tribunal application re the timber floor that was causing issues in the same lot. Would it be wise reference the orders I obtained against the owners floor in his application regarding ongoing noise. Would this likely help with his application or hinder his chances. I am also affected by the continuing noise and am grateful he has decided to address this matter.

               

              Pls advise

               

              andyj

              25/11/2013 at 9:47 am #20284
              Whale
              Flatchatter

                If your matter is of relevance to your neighbour’s current problem, then sure give him the details, but otherwise don’t as it will likely confuse. 

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