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I'm experience an unusual problem with my apartment. My ground floor apartment is located over the air handling unit in the garage. This machine is used for cleaning the air in the garage. A few months ago is was 'repaired' (I have no further information) and when it clicks on, automatically, it creates a enormous amount of suction. Enough to shake the apartment and create a disturbing hiss. During summer, when doors are open, I didn't notice this difference. Now with winter and the doors shut the whole place vibrates. For several hours each night we live in a vacumm of rattling, hissing and air sucking. It's like being in a dryer but colder.
I've spoken to Building management and strata management who have listened but done nothing. They mentioned it being a cost to the repairers or builders so they have to wait. It's been a month. I've a 4 month old and home all the time, it's really stressing me to hear this noise and deal with the cold draughts. Any advice?
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Your next stop should be your local Council's Environment and Health Department. There are regulations relating to noise levels (dB) and time of day for generation of noise levels. Generally speaking I think you are not allowed to run ventilation systems after 10:00 pm if the system can be heard in the room of an adjoining neighbour.
If the owner of the ventitlation equipment, who I presume is the Owners Corporation, does not comply with regulations then Council can issue an order under both the Protection of Environment & Operations Act 1997 and The Local Government Act 1993.
Good Luck.
Hi Cat
The standard Bylaw 1 addresses noise but is only addressed to individual lot owners (not the owners corporation).
The same goes for sub-sections 117(1)(a) and (c) of the Strata Schemes Management Act.
However, there are numerous remedies under the Protection of the Environment Operations Act 1997 which address both sound and vibration levels where such noise is harmful to or interferes unreasonably with the comfort or repose of a person who is outside the premises from which the noise originates.
The remedies include noise control notices (issued by Local Council), noise abatement orders (issued by Local Court magistrate) and noise abatement directions (issued by member of police force).
There are also regulations prohibiting the use of certain articles at certain times (eg an air compressor cannot be used other than between 7am and 8pm Mon – Sat and 8am and 8pm on Sun/pub holiday). A breach of these regulations can result in an offence and accompanying penalty.
Let me know if you have any questions.
Regards
Chris
Chris KerinSenior Lawyer
———————————-I don't think you need to go near the CTTT with this and if you can avoid it, you should. As Chris says above, it's an environmental protection issue and involving the CTTT is a complication you'd probably be better without.
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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