Snared

I plan to let sleeping dogs lie on this one, while the drummer is quiet I don't want to cause problems & as you say, be seen as a trouble maker.It is a matter of principle though, because in the past the EC (prior to my husband becoming a member)  targetted myself when family were staying with us for short periods & threatened to fine me for allowing them to park in the visitors spaces.I don't care who parks there as we have plenty of spaces, I  feel if one owner or tenant is allowed to do it then it should be the same for everyone, not a select few.

Saw your weekly paper column at the weekend, thanks for the ongoing support.The drumming seems to have stopped since my last rant via email at the EC, and as I predicted the drummers mother is now on the EC ( got herself elected at the AGM IN July)with all the previous members (her friends) as well as my husband, (can't wait for the first EC meeting to be convened.)The Secretary of the EC approached me in the street last week & said” don't think you have been ignored but I didn't have the keys to the EC mailbox for months & only just found your letters the other day” Still waiting to hear what they have to say for themselves,  & why the drumming seems to have stopped, maybe I should give them a copy of your weekend column to read & ask for their comments.As an owner but not a member of the EC can I attend the EC meetings?Do I have to ask permission or just turn up?

Well, officially I have been shut down by the EC & the Strata manager, EC voted no to issuing the Notice to Comply, when I asked for an explanation from them at the AGM this Thursday (14th), Strata Manager said it is too late to add any motions & even though I have had other advice the matter is not a Strata issue but a problem between two owners,& I should seek mediation at Fair Trading.I emailed the EC still requesting an explanation as to why practicing drums & guitars by teenagers without adult supervision in a Townhouse garage is not breaching the Noise by-Law so I can show Fair Trading, CTTT, District Court & our local Council why I can't pursue it under Strata Laws.So I guess I am in for the long haul now, will let you know how I go over the next weeks/months?

Things have moved on since my last post.I emailed a copy of Simone from TEYS lawyers reply to me stating the EC should issue a Notice to Comply to the Strata manager, he finally convened a meeting of the EC at his office on Tuesday 5th July at 10.00am but advised them they don't have to attend, just drop their vote into his office before Tuesday (he emailed the paperwork last Tueasday to the EC).One of the drummers mothers friends on the EC showed her the contents of the Notice to Comply on the night the paperwork arrived(I had to supply the information to complete the Notice to Comply)The mother immediately sent emails to the Strata Manager complaining I was telling lies & being spiteful to her son by trying to shut him down permanently.I was stopping a traditional past-time of a growing adolescent, & it was a serious matter that I was trying to stop him playing his musical instrument.The Strata manager sent a copy of her emails to the EC (I know this because my husband is a member) & I requested a right of reply which the Strata manager also fowarded to the EC.I examined all the paper work that he sent to the EC in the Notice to Comply& noticed some documents were missing, I emailed them to the Strata manager & asked him to include them but he told me the drummers mother does not have the luxury that I do to see the all the paperwork (what a joke when her friends were showing her).He said the EC had enough information now & I was to leave them to make their decision tomorrow.I couldn't ask for a site visit at the weekend then but not surprsingly, the drummer & guitars have been quiet since the Notice to Comply paperwork arrived last Tuesday.

I am not expecting a vote in my favour tomorrow except for my husband so am I allowed to ask the EC to explain why they don't think the Noise By-Law is being breached when drumming & guitar practice takes place on a regular basis in the garge of my neighbours townhouse.Is my next step CTTT or Fair Trading?My local council sent her a letter after I contacted them requesting her to take appropriate action to reduce the noise but I don't know exactly what they said to her.

I will also film & record the practice when it starts up again so I have sound to back up my complaint.I have started my log on practice times.

Anthing else I should be doing before the next step ?

Thank you for all your help.I will start with the diary.

In regards to other neighbours hearing the noise, the mother stated in one of her letters to me that she “canvassed other neighbours as they passed by her place & they did not find the noise offensive”I replied that if I only had to pass by I wouldn't find the noise offensive either & to ask them again if they had to live with it 7 days a week.My Townhouse is directly across the driveway from her garage & the noise comes straight at my windows & doors.My husband is one of the executive committee, does he have to step away from the committee?

Can you recommend a strata lawyer specialist?