Question: I have neighbours who wake me every morning between 6am and 7.30am either by doing a wash, using the bathroom or kitchen, or opening and closing a sliding door by my bedroom.
Quite clearly I can’t stop them using the bathroom but it’s the noise the pipes make that wakes me. They bang every time water runs through them. Ditto the old 1980s sliding doors.
Do you think they are breaking the SSMA legislation 53? I have asked them on many occasions to do something about this but they have told me to “sell up”. In other words, they refuse to do anything.
An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not:
- use or enjoy the lot, or permit the lot to be used or enjoyed, in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not).
Answer: The pipes sound like they maybe a defect in the common property and depending on your strata plan, the sliding doors may be common property which the Owners Corporation need to repair and maintain, so these 2 items may be worth pursuing through either your strata manager or Owners Corporation.
The section you quoted relates to the nuisance provisions of the NSW Strata Schemes Management Act, 2015, and you would likely have a cause of action thereunder.
Alternatively, you could contact your local Community Justice Centre for assistance or seek legal advice on obtaining a noise abatement order under the Protection of the Environment Operations Act, 1997 (NSW).
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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.