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  • #53038
    AvatarAlex Young
    Flatchatter

    We have been living in the same unit for 1 year but never had noise issue before, until the new neighbours moved in about 2 months ago. Knocking sounds, stomps, drawer sliding sounds and heavy stuff hitting hard surface, all kinds of noises come to our unit through the ceiling, especially in the evening.

    We highly suspect they have replaced their carpet with floorboard, which under bylaw, needs strata approval and installation of special soundproof layer. I checked with building manager but they didn’t file floor work request with either building manager or strata.

    The only thing building manager did was sending someone to have a listen, which I don’t know from where, and told us they didn’t hear any noise so nothing they can do. They can only get into the unit above and check if they have evidence. And they can only come to our unit to have a listen during their working hours, when upstairs are normally not at home.

    We have bylaws about this, the first thing is to get the building manager and strata manager to act and check if the upstairs unit violated the bylaws. Even such simple thing seems to be so difficult.

    Please share your experience and advice with us. Anything will be very much appreciated.

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  • #53264
    Avatarchallis
    Flatchatter

    First off commiserations…

    Have had similar noise issues with upstairs unit.,spa pump on 24/7 vibration sound.

    The occupant threatened me that if anything changes he will be after me.. owner is on owners committee.

    Strata manager reply was it’s a personal matter , and hung up…

    Sold up and moved on,

    5% of people are psychopaths,in a block of 20, there’s 1 lurking around.

     

     

     

    #53051
    Jimmy-TJimmy-T
    Keymaster

    We have bylaws about this, the first thing is to get the building manager and strata manager to act and check if the upstairs unit violated the bylaws. Even such simple thing seems to be so difficult.

    Under section 122 of the Act, the owners corporation’s agents can enter a lot to see if work needs to be done on common property.  If the lot owner or resident refuses to let them, then they can seek orders at NCAT.  If they still refuse, and obstruct a valid NCAT order, they can be fined up to $5,500.

    So this is what a professional strata manager would do:

    1.  Approach the owner and say there seems to be a problem with the floor, which is common property and can we come and see if we need to fix it.

    2. If they refuse, the SM should commence mediation at Fair Trading with a view to getting NCAT orders, again on the grounds that there is a problem with common property and they need to see how it can be fixed.

    3. If that fails, then proceed to orders from NCAT.

    If there is a valid by-law in place about not lifting carpet, then the owners corp can proceed on that basis.  If they do have carpet but they are just noisy, then you as an individual can take action, although that is a lot trickier.

    I’d also be asking questions about the professionalism of your buildin manager or strata manager, if they weren’t able to offer that solution.

     

    • This reply was modified 2 weeks, 5 days ago by .
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