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Tenant tackles noisy EC member

QUESTION: I’m a tenant and my neighbour is a member of the Executive Committee. Several times a week he and his girlfriend have parties with very loud music which starts at 10pm and goes to about 1am, even during weeknights.

My bedroom and their living room share a common wall, so I can’t get much sleep even with ear plugs.

I’ve approached them during their parties and asked them to turn their music down, but they only turn it up louder. I’ve called the police on two occasions, and they came and shut it down.

I asked the Chairperson of the EC to send them a Notice to Comply, and she promised she would ask the Secretary to do so but the music and parties have continued. What can I do? – Lucia, via Forum.

ANSWER: It’s time to think about taking out a Noise Abatement Order at your local court.  You can find a link to more information about that by going HERE.

If they continue this behaviour in defiance of a court order, the next time you call the police they can be arrested.

Generally speaking, you and your neighbours are entitled to the reasonably peaceful enjoyment of your lot, 24 hours a day, seven days a week.

If there is a noise issue in your building and the Executive Committee won’t take action, you can do so yourself, whether you are an owner or a tenant in NSW, by going directly to Fair Trading (Tel. 13 32 20).

Or you can download an application form for mediation (mandatory before you can take any further action) HERE. If mediation fails, you can then apply for an adjudication at the CTTT.  You can download the form from HERE.

If that fails you can go to your district court and apply for a Noise Abatement Order (see above for NSW).

In Victoria, go here for strata disputes and  here for general noise restrictions.

For strata in Queensland it’s a little complicated: go here then click on “by-laws” in the ‘I want to find out about …’ box.

You can read the original question and a more comprehensive set of responses HERE

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