Warning over late-night chats in our yard

I note the point about police not having been called, but this is irrelevant.  The fact that it is only one resident who has complained is also of very little concern.

The key issue is whether or not your late night chats in your backyard are unreasonably disturbing the  neighbour’s peaceful enjoyment of their lot (a right that its protected by strata law and, probably, by your by-laws too).

If you, your family and friends are making noise, even just by talking, to the extent that the resident of an adjoining unit is, for instance, kept awake at night, then you may well be in breach of the law and by-laws.

As to what to do next, a Notice To Comply is an opportunity to moderate your behaviour so that you and your family and guests aren’t breaching by-laws.

If you don’t think you are making too much noise, and the complaint is false, keep doing what you’re doing and see what happens next (probably an application for a fine at NCAT).

But if alcohol is involved, you may not even be aware of the noise that you are making. So think about it before you go to the barricades on this.  Take your late-night chats inside after, say 10pm – then everyone will get some peace.

Also, if you have the slightest suggestion in your mind that this is your home and you have a right to do as you please, prepare yourself for a potentially long, costly and nasty battle that may end up with you being fined AND having to moderate your behaviour anyway.

denise04 wrote:

He has presented his diary notes to the strata manager, he is not on the committee … the strata manager has acted on his complaint based on his diary notes and without committee endorsement or sanction

The strata manager doesn’t need the endorsement of the committee to issue a Notice to Comply. Also, it makes no difference whether or not the neighbour is on the committee.

There seem to be a couple misconceptions here about how strata works.  You may do well to read the  factsteets produced by Fair Trading to get a better idea of where you stand on this and other issues.

kaindub wrote:

Firstly examine whether you can do anything to reduce the noise, even if you believe you are right.

That should have been my first and main point.  Talk to your neighbour and try to get to the root of the problem to see if it can be resolved amicably.

They can ask for mediation, in which case a compromise may be agreed.

A notice to comply does not require mediation, which is not part of that process.  It’s warning that if you don’t stop breaking by-laws, you could be taken to NCAT where fines could be imposed.

It’s up to the OC to prove you are a nuisance … they would need additional reports such as police records and acoustic reports to solidify their case.

First part is true – proof would be required – but police and acoustic reports are unlikely to have anything to do with this. The strata committee might need corroborating evidence if they pursue this, but that could be stat decs from other residents who have also heard the noise.  There is no police involvement (as has been stated) and, in any case, how would you get acoustic reports and what we they be on?

The problem may just be the neighbour and thst could be flushed out at mediation.

Once again, there is no mediation involved in issuing a Notice To Comply. It’s  a “cease and desist, or else” warning.

• This reply was modified 2 years, 1 month ago by .

First re the Notice to Comply, to what is the resident supposed to comply?
One of the basic bylaws is that no-one should behave in such a way as to disturb the quiet enjoyment of other residents in their units. Check the bylaws.

The trouble presumably arises on fine evenings when everyone wants their windows open to allow ventilation and wait for the cool night air.

It sounds like a single male complaining, a woman would know about snoring 2 feet away and already dealt with it.

Has the writer talked to other neighbours? Has the person complained about talked to other neighbours? In both cases the other 22? Is the person complained about an owner or a tenant? Need more info.

It’s normal for people to enjoy sitting in their gardens and talking.

I would ask for proof in the form of audio recordings, at least three on different dates, anyone can write a complaint alleging anything.

The complainant bought a townhouse for a reason, presumably expecting to have other people living there, they can be noisy too!

Tell him to try wearing earplugs, or plugging in an earplug from a radio, soon sends me to sleep.

We are an elderly couple combined ages 160yrs living in a strata unit in Sydney, on a main road, and while my hearing is good, have got used to the traffic sounds.

harburg wrote:

First re the Notice to Comply, to what is the resident supposed to comply?

A “Notice To Comply” is a standard official warning which must cite and reproduce the by-law that has allegedly been breached, if it is to have any effect.  Since this was issued by the Strata Manager, it’s reasonable to assume the by-law was spelled out on the official form.