Floating timber flooring and unsympathetic Owner and tenants | Page 3 | Hard floors and tough decisions | Flat Chat Forum: Your Questions Answered




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Floating timber flooring and unsympathetic Owner and tenants
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drshelley
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25/03/2014 - 8:55 pm
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Congratulations Patricia SC - all this stress even with an order takes its toll, mentally, emotionally and physically.  Like andyj having those links would be great please.

I am not sure of the motives or outcomes as to our upstairs tricky neighbours submission to the OC for approval to lay the extra insulation - they cannot make a decision that the extra insulation will solve the problem but it is still confusing and worrying, (we don't know how the EC/OC will react to this and may have a majority who think this is OK) or where in fact this will lead to.  If the OC approves this, maybe an adjudicator at penalty hearing will view this as OK ?  don't know.  It also means calling a meeting, delaying tactics - they still have about 5 weeks to comply.

Every day a new twist, turn and worry.

drshelley

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drshelley
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09/05/2014 - 11:17 pm
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Well our upstairs neighbour finally installed carpet throughout their unit.  Our new SM sent them a letter saying they would be in breach of the order and face severe penalties if they did not fix their flooring. 

Now, while that result is what we were after, they have installed commercial carpet so that they have a smooth look like floorboards - so we still have noise but I don't think we can do much about it.  I think the carpet is very hard, not soft like domestic carpet and so there is no cushioning.  Does any one know anything about differences in commercial to domestic carpet.  We know they were installing good quality underlay - well that's what they said.   Can we get SM to ask for details/specifications of the carpet?

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Whale
NSW
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12/05/2014 - 7:25 pm
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For some reason I can't moderate the post (below) without replying; so "reply" and now it's over to everyone else!

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andyj
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13/05/2014 - 1:40 pm
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Hi drshelley,

This is exactly what happened in my case, where the owner installed cheap underlay and cheap carpet. Like you, I still have disturbing noise emanating from above 24/7. I believe that you obtained orders from the Tribunal to the effect that "the respondent is to cover all floor areas with the exception of wet areas with carpet and underlay if sufficient quality to ensure no transmission of noise from that lot to the lot below (etc) within 60 days.". It is pretty clear that they have not complied with the orders handed down by the tribunal as you are still disturbed by noise. I would seek legal advice and pursue penalties.

My Owners Corporation has lodged an application against the tenants above for excess noise and nuisance (by-law 1 and s117(1)(a)) and have advised me to wait for that application to be resolved before I pursue the owner for not complying with the orders I got which were "The respondents shall comply with by-law 14 and specifically shall ensure the floor space within lot 8 is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of lot 8 noise likely to disturb the peaceful enjoyment of the owner of lot 6". Each day the elephant waltz starts at 5am and continues till 2am, however the owners corp wants to hammer the tenants first for door slamming and banging around in general.

It amazes me that despite orders and the threat of penalties some owners and strata dwellers think that their home is their castle and they can do as they please and damn anyone else in the strata.

Please keep the flat-chat community posted with how you go!!!

Cheers

andyj

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dech
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13/05/2014 - 5:10 pm
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    Apparently recycled polyurethane foam is the standard underlay for carpets; it supposedly has some benefits but sound insulation of any consequence doesn't seem to be one of them.  It seems that when dealing with the sort of people who demonstrate disregard of laws and decency it's an error to declare the end of major combat too early; better to presume that they haven't even bothered to read the detail of any finding against them (or even that they can read).  It's easy to imagine them thinking and gloating that putting in the cheapest, thinnest carpet gives them the final victory.  If you can persevere and get another of the cheapest carpet on top of the smooth one currently laid it may be a suitably just outcome.

   The pleasant and polite couple in the unit above mine seem to have a hobby of lifting up their stove to ceiling height and dropping it; more likely I'm guessing it is heavy duty exercise equipment, perhaps including dropping 50kg bar bells onto a rubber mat.

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sue.cliff
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23/05/2014 - 4:32 pm
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drshelley said
Congratulations Patricia SC - all this stress even with an order takes its toll, mentally, emotionally and physically.  Like andyj having those links would be great please.

I am not sure of the motives or outcomes as to our upstairs tricky neighbours submission to the OC for approval to lay the extra insulation - they cannot make a decision that the extra insulation will solve the problem but it is still confusing and worrying, (we don't know how the EC/OC will react to this and may have a majority who think this is OK) or where in fact this will lead to.  If the OC approves this, maybe an adjudicator at penalty hearing will view this as OK ?  don't know.  It also means calling a meeting, delaying tactics - they still have about 5 weeks to comply.

Every day a new twist, turn and worry.

drshelley

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jaynebrown
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29/07/2014 - 5:06 pm
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The apartment above us put in hard wood floors and it sounded like there was a circus going on every night and morning - our agents (name removed) could not have cared less and when we finally had enough and moved out last month ,they asked us why we were moving !

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Sir Humphrey
Canberra
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31/07/2014 - 9:19 pm
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http://www.acat.act.gov.au/jud.....r-v-owners

might be of interest. Discussion of what is and is not a structural alteration with particular reference to flooring. In the ACT but referencing decisions elsewhere.

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