NSW Q&A: Noise and Nuisance From Strata Carparks and Garages

ByLeanne Habib

Question: Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level?

Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level?

In this instance the exclusive use of the carpark is governed by a bylaw that says “The car space shall not be used except for the purpose of parking a motor vehicle, motorcycle or trailer, in any case, the property of the resident of the proprietor’s lot”.

Instead, delivery trucks, tradie trucks, and anybody who has ‘permission’ from the owner of the carpark comes and goes all day, making slamming doors and reverse beeping. I would have thought the bylaw limited the use of the carpark to the resident’s car only.

Our Strata Manager and committee refuse to help.

Answer: In our view, noise must be kept to a reasonable level.

The standard noise by-law covers this, so yes, in our view they must keep their noise within reasonable levels:

6 NOISE
An owner or occupier of a lot, or any invitee of 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.

The fact that your particular by-law states “the property of the resident” suggests that the car space may only be used for storage of the vehicle/property of the resident’s lot, so, provided that these truck are delivering the resident’s property, they might be in compliance with the by-law on that front but in breach of the standard by-law for the excessive noise being caused. The noise may also constitute a “nuisance” under the strata legislation.

Question: A Lot Owner uses their garage for storage and parks their car on the street. The garage is below my apartment and they are constantly removing items and opening and closing the door. Is this nuisance?

The Strata Complex where I reside has individual garages for each apartment. Unfortunately, there’s one Lot Owner who has decided that they’re ‘entitled’ to store all their personal effects and household items in the garage and leave their motor vehicle parked on the street.

The issue I have with this is that their garage is directly below my apartment. And the Lot Owner in question seems to have a habit of consistently (every day) opening and closing their garage door at all hours. This is now becoming rather annoying and a nuisance when I’m trying to sleep. I would have thought that this may be a breach of the Owners Corporation By-Laws concerning ‘noise’.

Moreover, according to the definition of a ‘garage’ as supplied by the many dictionaries that are available online, the consensus is that a garage is defined as:

  • A building for housing a motor vehicle or vehicles;
  • A shelter or repair shop for automotive vehicles;
  • A garage is a building in which you keep a car.

None of the dictionaries mentions that a garage is a storage facility for any other items other than a car.

I would like guidance on what can be done and if they are breaching any law/s.

Answer: Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor or other vehicles may be stored in a garage.

Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor or other vehicles may be stored in a garage and that other household or other items may not. If the items are visible from outside the garage, they may be in breach of the In-Keeping with the appearance of the building by-law. It may be that the actions of the garage owner constitute “nuisance” under Section 153 of the Schemes Management Act, 2015 (NSW).

You should also check your strata plan and the common property certificate of title because garages are considered “utility lots” under the legislation. From that definition, the garage owner may not be in breach:

  • “utility lot” means a lot designed to be used primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or the like.

 

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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.

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