NSW: Q&A Enforcing By-laws by Issuing Notices to Comply

  Question: Our elder neighbours below complained about our footstep noises on our hard floors. We have been served a breach notice and instructed to fix the issue. No expert reports have been obtained. Do we need to comply? I live in a 2 year old building with elderly residents below. These neighbours often complain…

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NSW: Q&A Noisy Neighbour, Renovations and Construction Noise

  Question: Can approval be granted for lot owner renovation – with a condition that works are NOT to commence before a certain date? A lot owner has made a application for a bathroom renovation with By-law included etc. At the upcoming AGM, can approval for the renovation be granted with a condition that works…

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NSW Q&A: Noisy Neighbour, Renovations and Construction Noise

Question: Is there a requirement to notify residents of the commencement date of noisy renovation/repairs to the apartments and common areas? Is there a requirement to notify residents/lot owners of the commencement date of noisy renovation/repairs to the apartments and common areas? Recently we had a neighbour jackhammering with less than a 12-hour notice, and…

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Can parking in your own car space be considered a nuisance?

In a recent decision of The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 (Veney Case), the Supreme Court of NSW was asked to consider: whether they could make a declaration implying an additional term into an exclusive use by-law, being a by-law which gave the relevant owner the exclusive use of a common property car…

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NSW: Q&A How To Deal With the Noisy Tenants In The Apartment Above

Question: I’d like the noisy tenants in the apartment above me to be aware of the disturbance they are creating and the lot owner to change the flooring and comply with sound proofing requirements. Is this achievable? The lot owner upstairs changed their flooring from carpet to timber floor without approval from strata. Since then,…

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Q&A: Noise from floor of unit above

  Question: I have a problem with the neighbours upstairs. I hear every footstep as their dining room is directly above me. They have parquetry flooring and no rugs or other floor coverings in their living areas. Visitors to my apartment agree the noise is unbearable. I do not have a good relationship with these…

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NSW: Q&A Children and Noise Complaints in Apartments

Question: Are children excluded or exempted from breaching any provisions in the Strata Schemes Management legislation or any By-Law Clauses of the Strata Plan? Answer: Occupiers of the lot are responsible to ensure no noise may interfere with someone else’s use of their lot or common property. In our view it is not that they…

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NSW: Q&A ‘No Animals Allowed’ – not even a companion animal

  Question: There are a number of very vocal apartment owners in my building who are against animals of any type, including a companion animal. Answer: If you can demonstrate your animal meets the requirements of a companion animal for the specific outlined range of disabilities, the Owners Corporation cannot prohibit the keeping of your…

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Is a by-law prohibiting AirBnB accommodation lawful?

Is a by-law prohibiting AirBnB accommodation lawful? After some 3 years of community and industry consultation, last Tuesday, the NSW government announced its proposed new laws to empower Owners Corporations to ban AirBnB rentals and similar online short-term letting accommodation. Residents will remain unaffected by the proposed new laws. In other words, owners and tenants…

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Common mistakes people new to strata living make (NSW)

Jimmy T from the Flat-Chat website posted this informative article covering typical mistakes made by people who are new to strata living. The top 10 Forgetting about Strata Levies as part of your budget Not getting involved with the management of the strata building Not complaining about noise in the building Assuming, and blindly believing…

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NSW Q&A: What to do about noise complaints?

A LookUpStrata reader was told by her strata manager that the water pump on the other side of her bedroom wall was within the required limits. The Council inspector who came to measure the noise also confirmed that there was no case for them to take action. She wanted to know if there is anything else…

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Q&A: Neighbours causing light nuisance

Leanne has provided a response to a reader’s question received by LookUpStrata. The reader wanted to know what can be done about a bright light shining into their strata unit at night, and keeping them awake. Considering this is light pollution, as a first step the owner should seek mediation. You can read the question, and…

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