NSW: Q&A Noisy Neighbour Replaced Carpet with Noisy Vinyl

Question: A noisy neighbour has replaced carpet with vinyl boards. This renovation was done without owners corporation approval. The increased noise transference permitted through the new vinyl flooring is unacceptable to neighbours who have complained accordingly.

Answer: The Owners Corporation would need to show their reasonableness in refusing the floorboards for the benefit of the greater majority of the building with well-documented evidence of nuisance caused.

Despite the fact that flooring is now a minor renovation (which the offending owners have not obtained) any minor renovation would still need to comply with the other by-laws applicable to the scheme eg floor coverings/noise.

In case of the former, if floor coverings over the unauthorised floorboards to not eliminate the nuisance, then the offending owners are in breach of the old by-law 14 which may apply to your scheme. Alternatively, new by-law 6 “noise” prohibits undue noise.

Any refusal to approve the flooring installation would have to be justified on a case by case basis, assessing the merits of the case and the Owners Corporation would need to show their reasonableness in refusing the floorboards for the benefit of the greater majority of the building with well-documented evidence of nuisance caused.

For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have a question relating to your property or development? Contact us!

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