Flat Chat Strata Forum Neighbour noise Current Page

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  • #43949
    Fey Knows
    Flatchatter

      A near neighbour near in our North Shore, Sydney apartment block of 42 has left a polite note with a token gift saying they’re having a party of close friends and apologising in advance for noise and inconvenience. That all sounds nice and polite.

      We are however a historically quiet building in a quiet location. Almost everyone is respectful and it’s known we’re ‘not a party building’. Noise transmits easily here as the building was cheaply built in the 70s. In addition there are several senior citizens, couples with babies and small children—a real variety; not many young singles like to ones about to hold the ‘party of close friends’ with apparently no other residents invited.

      My household and others are a little worried. We see their notification as as warning they are going to create some disturbance and because we’ve been notified, or should I say warned, they’re going to do whatever they like, on the night and we better not complain. Also this will establish a precedent. They’ll be polite notes every weekend and we’ll soon be party central.

      There’s a great pub 15 minutes walk away, it’s big and allows small parties in discrete sections of what I assume used to be its hotel accomodation. Why can’t these people go there or to one of our local ‘small bars’? I thought that’s what they were for.

      Am I worrying unnecessarily? Am I sounding unreasonable, unfair? In this day and age with so many living in apartments, are THEY being unreasonable? Is there anything we can do?

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    • #43958
      Jimmy-T
      Keymaster

        No amount of polite notes changes by-laws or Environmental Protection laws.  We had a neighbour who said the police had told him it was OK to have a party.  Maybe they did but it made no difference – he was still pinged for excessive noise after hours.

        In your shoes I would let this one go and hope it’s a one-off. If it turns out not to be, you can call the police if the next party breaches the standard local laws on noise (not after 10 pm on “school” nights or midnight at weekends).  Otherwise, if it is excessive at any time of day or night, regardless of the above laws, you can ask your strata manager or committee to issue notices to comply.

        If the proposed party does turn out to be excessively noisy, you can ask your strata manager or committee to send a letter saying there have been complaints and that any repetition will be dealt with by by-law breaches and/or complaints to police.

        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.
        #43965
        Sir Humphrey
        Strataguru

          I had a neighbour who was a quiet as a mouse for months on end but once or twice a year had a seriously loud party. He was a lovely guy. His guests were all well behaved. He let the neighbours know and invited them to drop in. It did not precipitate a proliferation of party-holding by others. 99% of the time all was very quiet. I would stop fretting and let this one through to the keeper. If it becomes a too-frequent occurrence, then do something about it.

          #44035
          Flame Tree (Qld)
          Flatchatter

            Some folks write notes out of genuine courtesy and some as a set up for anything goes when the party gets too raucus or goes way too long. Fortunately, it seems young folk these days like to drink at home then go out which is better than the reverse.

            If your bylaws do have a cut off time you might mention that in a courtesy note back to them. If they are nice people you can roll with it more easily than if they are rude. If this one goes ok and doesn’t become a too regular occurrence you will probably be happy but if not you have your response as part of your cannon fodder.

            On the night I appreciate some folks annoyed by another’s party may be a little reticent to contact them if they think they might not respond the way you want, so do feel free to call the cops who are generally happy to attend if they aren’t busy elsewhere and do so without naming you as the caller.

            If it does go pear-shaped, keep in mind what a bouncer told me he does which is to use his ATM strategy: Ask them, tell them, make them to have it addressed and not repeated.

            #44068
            Miranda
            Flatchatter

              I totally agree with the   above replies.  It always amuses me when someone sends polite notes   to inform others that they are going to be disturbed big time.  Not ask,  but tell.    As someone else  suggested  i would respond with an equally polite note  telling them to have fun   just  this once   but to be fully aware of the noise laws., particularly those  that state people have the right not to be disturbed by excessive noise at any time.

              Btw I’d love to know what the token gift was, nothing less than a magnun of Dom Perignon would appease me.   🙂

               

               

              #44078
              Jimmy-T
              Keymaster

                I have frequently suggested that strata schemes should have a statement of intent on the front page of their by-laws, just so everybody knows what they’re dealing with. I don’t mean one of those “mission statements” that mean nothing and noone reads anyway.

                I’m thinking of stuff that gets to the nub of apartment living, directly and clearly. Something like:

                We recognise everyone’s right to have a social life but we will actively pursue excessive and/or repeated noise with applications for fines and orders from the Tribunal, and calls to the police, if need be. (See By-law XX).

                We accept that residents want to have pets but they are subject to our restrictions. (See By-law YY).

                Visitor parking is for visitors only.  Definitions of bona fide visitors and restrictions on parking times and durations  are set out in by-law ZZ.

                Short-term letting is not allowed in this building (see by-law AB). We use the services of BnbGuard to identify culprits and then employ whatever legal means available to us to punish and prevent by-law breaches in this regard.

                You get the idea.  When I suggested this to our committee, one of the bush lawyers on it said we’d get into trouble because residents would say that other by-laws could be ignored as they were clearly not as important.  When I countered that the point was that people don’t read the bleeding by-laws most of the time I was accused of being cynical. Me?

                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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              Flat Chat Strata Forum Neighbour noise Current Page