Flat Chat Strata Forum Neighbour noise Current Page

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  • #7686
    home to rest
    Flatchatter

      I am an owner occupier who lives one floor above another owner occupier home to mum/dad and two primary school age kids. The problem is on most days there is loud yelling, screaming and crying originating from the downstairs unit. This is very unpleasant, and can't be good for the kids and parents either. Have tried closing windows to block the noise, but noise is still audible and unpleasant.

      Haven't talked to the people who are source of noise, not sure if they would respond positively.

      What can be done about this?

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    • #13865
      Whale
      Flatchatter

        In my experience people do not usually cause a nuisance on purpose, so your first approach should be to speak with your neighbours about the problem.

        If the noise disturbance persists, advise your neighbours that (in NSW) Strata By-Law #1 states:

        An owner or occupier of a lot must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.

        A Breach of this and any other Strata By-Law may be addressed by your Executive Committee and/or Strata Manager who can issue a written “Notice to Comply”, after which punitive actions may be applied by application to the Consumer, Trader, and Tenancy Tribunal (again in NSW).

        #13866
        Jimmy-T
        Keymaster

          I don’t disagree with any of this advice.  However, make sure that the “peaceful enjoyment’ by-law is on the books for your building.  It is one of the standard by-laws but not necessarily adopted by all strata schemes.

          There is another thing, which is that people given to outbursts of aggression often aren’t the easiest people to deal with (although the way people behave with their families can be completely at odds with how they deal with the outside world). 

          Perhaps having a chat with other neighbours to find out if they also have a problem with this might strengthen your case before you knock on the door. 

          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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        Flat Chat Strata Forum Neighbour noise Current Page