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 about footsteps noises from our unit. The lounge room is hard ceramic tile flooring and bedrooms are carpeted.

What can I do? Strata issued us with a final warning to comply with bylaw 14 by placing rugs.

I’m questioning why I need to place rugs or carpet to reduce noise? I did not change the flooring. Also, there is no expert report about how many decibels of noise. The complaint and noise breach is only based on information supplied by the elderly neighbours. Why should my family and I suffer?

Answer: You are not allowed to create a nuisance.

Unfortunately, your rights to exposed flooring have to be balanced with the rights of other residents to quiet enjoyment.

You are legally required to comply with by-law 14 and, in our view, the requirement to place rugs is a reasonable one to prevent the transmission of noise.

Further, you are not allowed to create a nuisance (likely from your flooring).

For the full question and our detailed response, visit the original publication at Look Up Strata.

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