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    We live in Victoria and have just moved in a complex with three townhouses. We have a shared private common driveway which is secured by a security gate. One of our neighbours continually lets their guests’ cars into our shared driveway (either to drop off something or park for a short while). This is annoying as we always hear the drone of the cars entering, and at times our house vibrates as the car is reversing in the driveway and backing up against our windows. We have agreed that non-resident cars should not be allowed in the common driveway, but they still do not comply. Am I right that they are breaching the Victorian by-laws?

    In addition, they use their power tools in their garage with the garage door open and also their guests are quite loud in the common driveway when they leave the premises. I understand that the neighbours should not unreasonably create noise likely to interfere with peaceful enjoyment (see by-law below). I liken the noise and disrespect to an apartment complex where a neighbour makes noises in the hallway (shared area). People should just be respectful of others in the complex no matter what time of the day. I would like to send them a letter of complaint but I wonder if this would get anywhere. The whole thing is starting to stress me out even though we have asked them kindly to be more quiet and not let their guests’ cars into the common area. They initially agreed but now that we continually see breaches and have continually asked them to stop, they are doing the exact opposite to spite us.  Please help!

     

    5.1 Behaviour of owners, occupiers and invitees on common property

    An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.

    5.2 Noise and other nuisance control

    1. An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.
    2. Subrule (1) does not apply to the making of a noise if the owners corporation has given written permission for the noise to be made.

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