This article discusses whether noise from waste chutes may be a building defect and if strata owners can push the committee to investigate.
Question: Can owners require the committee to investigate and pursue rectification of noisy waste chutes as a common property defect?
Our building is about 2 years old and has about 4 levels. Since handover, residents have raised concerns with the developer/builder, strata manager, and executive committee (EC) about unacceptable noise from the waste chutes and waste rooms .
The developer/builder says the chutes comply with code and has suggested limiting chute use. The EC is not pursuing the issue as a defect.
The noise carries through adjacent lots and into the hallways. We are concerned that this is a common property defect that is not being investigated or rectified, and that it is devaluing affected lots and potentially indicates a larger defect.
Is the committee required to ensure this issue is properly investigated and pursued with the developer as a common property defect?
Answer: Obtain the signatures of other residents who are also experiencing similar concerns and petition your committee to engage a report.
To have a claim against the original developer/builder, the owners corporation should commission an outside report from a qualified person advising if the chutes comply with the BCA and relevant regulations. The suggestion to limit the use of the chutes does not appear to be a sustainable solution if the noise is to the extent you describe. We suggest that you obtain the signatures of other residents who are also experiencing similar concerns and that you petition your committee to engage a report. Owners could also request that a motion be placed on the agenda for the next owners corporation meeting.
Jan Browne
Bridge Strata
E: jan@bridgestrata.com.au
P: 02 6109 7700
This post appears in Strata News #783.
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Read next:
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