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My downstairs neighbour has replaced the ceiling ventilation fan in his bathroom with a new but noisy one. It’s on the same switch as his bathroom light so when the light’s on so is the fan. I hear it in my unit but especially in my bedroom. It wakes me at night and in the morning. It’s driving me crazy. Although my neighbour expresses sympathy, he seems to have no intention of doing anything. I had never been disturbed by a fan in the past. Do I have any rights in this matter? Is there anything I can do to have him replace the fan with a quieter one?
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What does it say about noise and the “right to peaceful enjoyment” in your by-laws? Not being cheeky – by-laws differ from building to building.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
@Peter Gray said:
How do I get a copy of our by-laws? I’m a real novice when it comes to things strata.Your by-laws should be attached to your contract of sale and your agend or minutes for your AGMs. Ask your strata manager for a copy if you can’t find them.
Strictly speaking you should go to your strata committee first unless they have delegated all their responsibilities to the strata manger and then go to them.
Have a look at this explanation of the basic options for raising issues.
By the way, your neighbour has probably interfered with common property by installing this fan so you have every chance of success.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
If the fan isn’t ducted then you could be facing problems a lot worse than noise (so I wouls assume it was).
This may simply be a case of a poor DIY installation that has remove noise reduction measure or it could be inappropriate equipment for the job.
Talk to your committee and/or strata manager.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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