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I live in Queensland and a couple of years ago the body corporate (after a GM) installed several speed humps (there are about 1km of roads). One speed hump was installed much closer to our unit than indicated on the GM documents and cars going over it wake us almost every day before 6am.
The noise is because cars go over them too fast. The speed humps are the Type 2 plastic ones which comply with AS2890 for parking facilities not AS1742 which applies to traffic control. I have complained to the committee but they don’t acknowledge that there is a noise problem.
Does the Committee have to ensure that the speed humps were installed in the same place as indicated in the General Meeting documentation?
Is the noise that is being created likely to be considered unreasonable?
I can’t find any tribunal cases in relation to this.
Thanks for any assistance which you may be able to provide.
Whether the noise/nuisance is excessive is hard to judge without being there but it sounds to me like you have a fair case. I would say that the committee was only authorised to install substantially in accordance with the information provided to the general meeting. Your reference to the standards is very likely to help your case. I don’t know of any helpful Tribunal cases.
If it does end up as a Tribunal matter, asking to start with a ‘view’ on site could be useful. Then you can demonstrate the noise and confirm the location indicated in the general meeting documentation. This could avoid getting bogged in arguing details or having the Tribunal member visualising things inaccurately from photos or diagrams.
I have a similar problem. At a September AGM it was resolved by the owners that the SC provide a timeline for the construction, design, modifications, deliver dates, storage of parts, installation and completion date of a new lift. They have not provided this. Is there a section of the SSMA that requires them to do so?
The matter is being heard at NCAT.
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