Flat Chat Strata Forum Neighbour noise Current Page

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  • #7204
    Jimmy-T
    Keymaster

      QUESTION: One of our neighbours has young children who play noisily in the common areas on a regular basis. I don’t mind kids playing in the common areas, but these kids just yell and scream constantly.

      It wakes us up early in the morning and drives us off our balcony because it is impossible to carry on a conversation over the yelling and screaming. I approached the kids’ father and asked him to get his kids to keep the noise down but he flatly refused, and said that I obviously didn’t understand children.

      The by-laws say that the common property has to be used in a way which doesn’t disturb fellow residents, but do I need to get the executive committee to do something, because this guy is the Chairman and I can’t see that happening.

      Can our strata manager issue a Notice To Comply at my request alone, or does he only need to act on the request of the executive committee? – Frankie, Cronulla

      ANSWER: Your neighbour has an obligation to make sure his kids or anyone else who’s part of his household doesn’t disturb other residents, especially when they are on common property.  You have zero obligation to put up with their noise.

      Assuming that your Executive Committee won’t issue a Notice To Comply, as it should, then your Strata Manager won’t but you can apply to Fair Trading (Tel 13 32 20) to have the by-laws enforced.

      The first stage is a mediation but if there’s no agreement, you can apply to have an adjudication.  Before you go, arm yourself with signed statements from anyone (especially neighbours) who have witnessed the noise and take a recording of it if you can.

      Failure to abide by the adjudication could lead to a $550 fine. That should focus his mind on whether he really wants to bring up a young family in an apartment block – it’s not their fault, it’s not your fault … it’s his.

      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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    • #12408

      I live at a Strata complex in Newcastle consisting of a mix of apartments and town houses with quite a large swimming pool. My problem with kids is a bit different than noise though. One of our owners lets her underage kids (about 14 or 15) drink alcohol in the pool area out of glass containers (not allowed under the by-laws). We can stop the glass in the pool area but what are our obligations concering underage drinking on common property.

      #14721
      Mailbox
      Flatchatter

        I refer to your article in the SMH April 2-4,2010 “The kids are not all right.” My partner and I had a similar issue with often supervised and unsupervised children squealing and shrieking on the common property roadway outside my townhouse in the late afternoon often till 8:30 at night. This began in 2009. I would go out and explain that my living room overlooked this area.

        In March 2010 I was threatened by an owner for asking to keep the noise down and the following week he then verbally attacked my partner.The police told us to take out an A.V.O. We ended up in mediation after attending Local Court. We began recording the noise, diarising events and collected signatures from nearby residents.Late in 2010 we took our evidence to an exec committee meeting and was told it was a personal issue and we had to take it on. We kept recording and diarising events and in March 2011 we sent our submissions to the CTTT.

        We took action against the main offender even though the CTTT was given paper work diarising the actions of all the offenders. This was done on the advice I believe of the managing agent. In September 2011 the offending party was issued with an order to comply  with by- laws 1 and 7 of the strata schemes management act. They had refused mediation. They did not comply and we again submitted evidence and collected more signatures. We were scheduled to attend a hearing on December 7, 2011. The other party wrote that they would not attend but provided a stat. dec. about us. Due to lack of time at the hearing it was rescheduled to February 1, 2012.

        We attended and so did the other party. The member listened to our cases and supported by- law 7 but told us he could not support by-law 1 of schedule 2 to the Act because referring to the by-law it related to hallways, laundries and car spaces.(?)The member also wanted to know whether other children were playing.

         The noise is so bad at times it necessitates us leaving and my partner retreats to our weekender. From 2010 -Sept.2011 i have recorded 15 X 90 minute tapes of squealing, shrieking and outright havoc from inside my townhouse. We also left the tapes run in 2010 for extended periods and captured quieter moments.

        Since taking this on we have had nappies thrown in our yard, torches in our windows at 11p.m., false emails sent to exec. committee members containing actions I have never done e.g. peering in windows,Our front door has been repeatedly kicked and bashed late at night, WE have one man at the Anti- Discrimination board for blowing kisses at us and taking on a boxing stance and yelling “Have a go!' as his mates and children stand around whooping and cheering, children pulling faces at us ,poking out tongues ,walking behind me yelling “let's shoot him'.

        Yesterday at the hearing in Castlereagh St the other party even stated she had rung to see if I was a Pedophile. This is certainly not an exhaustive list. All this because I asked if they could move in front of their townhouse and to keep the noise down.

        Please PLEASE PLEASE let the readers know what could happen if you decide to do this. We have over 60 pages of notes detailing the behaviour of children and adults. We had collected signatures and statements on 3 occasions and had over 20% signing our last statement about the safety of children and the ever present noise.

        I hope you have an opportunity to read and perhaps respond but please make your readers aware of how they could be treated.

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      Flat Chat Strata Forum Neighbour noise Current Page