Question: Our neighbour has recently been playing their piano for hours every day. Is this a breach of the peaceful enjoyment bylaw and how can we make this stop?
Answer: Fortunately, the strata manager has issued a notice to comply with the peaceful enjoyment bylaw as the owners corporation should be enforcing the by-laws.
Fortunately, the strata manager has issued a notice to comply with the peaceful enjoyment bylaw as the owners corporation should be enforcing the by-laws. Now that the alleged breaches have continued, the Owners Corporation should make application to the Tribunal for monetary penalties with penalty units ranging from 10-20 penalty units equating to $1,100 – $2,200. Alternatively, you may apply for Mediation followed with an Application to NCAT.
Based on the case law, it would seem that the amount of piano practice sought by the owner and the stated deleterious effects on your daughter would likely be excessive and amount to nuisance and/or breach of by-law 1.
In one case, the Tribunal was asked to make Orders to require that the piano playing Lot must close all windows and doors whilst the piano is being played, restrict the hours, duration and volume in which the piano can be played and also that soundproof material be installed before the piano is played.
Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.