The kids are not alright

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.