- This topic has 4 replies, 3 voices, and was last updated 2 years, 5 months ago by .
-
Topic
-
After months of stomping and clattering on a tiled floor in the unit above mine, my strata manager told me that “it is not a requirement to have a rug on the ground.”However, the by-laws have a clause that states:“14 Floor coverings
(1) An owner of a lot must ensure that all floor space within the lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot.”
There’s an added by-law (the added checkbox was ticked, nothing was repealed):
“That each Proprietor within strata plan XXXXX is granted exclusive use and enjoyment rights of the special privileges of: cupboards, sinks, vanity units, wash basins, laundry tubs, toilet bowls and cisterns, lights and fittings, switches and power points, garage doors and windows and/or their working parts on internal or boundary walls, locks, shower screens, door closers, fixed floor coverings, tiles, mirrors, stoves, bath tubs, venetian blinds and their working parts. Each proprietor is responsible and liable for the maintenance, upkeep, repair, replacement and restoration of the aforesaid items as is necessary for safety control and good management.”
Now, I don’t speak legalese, but there’s nothing here that leads me to believe that this gives the owner the right to replace noise insulating carpet in the living area with tiles. Am I wrong?Absolutely love the podcast – I’ve came in half-way through and ended up going right back to the beginning to listen to everything!
-
Replies
-
there’s nothing here that leads me to believe that this gives the owner the right to replace noise insulating carpet in the living area with tiles. Am I wrong?
Your strata manager is being a bit cute. There’s nothing there to tell them specifically to lay down rugs but there is plenty implied in the by-law that requires them to insulate the floor properly. Simple question – why should they be allowed to enhance the value of their property to the detriment of yours?
Ask the strata manager and committee which they would prefer – either enforce the by-laws or be dragged through NCAT, then have to enforce the by-laws, then have to explain to all the other owners why they have to pay your legal bills as well as their own just because they were too lazy or misinformed to do the right thing when they had the chance.
And start making a diary not of every noise from upstairs, record the noise on your phone and get neighbours to listen so they can back you up if need be.
This will cost the selfish B upstairs a lot to fix but that’s not your problem. You only have to know they will put up a fight and be ready for it.
Oh, and ask your strata manager if they have read the SCA’s code of conduct. If they have, why are they ignoring it?
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.
By the way, even if you didn’t have this pretty solid by-law, you could still take the upstairs owner to NCAT on a nuisance complaint.
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.
To add to Jimmy’s comments regarding costs that will be incurred by the OC in the event that you do take them to NCAT – and great that you’re keeping logs and videos as this is the type of evidence NCAT will demand – if the committee and strata agent remain stubborn, point out to the them that when you win at NCAT, all costs incurred by the committee and strata manager will be debited to the OC but you are to be excluded from contributing to these costs. That is, the costs incurred must be covered by raising a special levy on all owners, but not you, see s. 104 SSMA.
- You must be logged in to reply to this topic.