This article discusses noise by-law breach hearsay, outlining your options when a notice to comply is issued based on unverified neighbour complaints and questionable procedure.
Question: The strata committee has issued me with a notice for breach of the noise by-law based on hearsay of a neighbour about noise disturbance.
I have been served with a Notice to comply with a Noise bylaw.
The strata committee has issue a notice for breach of the noise by-law based on hearsay of a neighbour about noise disturbance. We feel we have been unfairly treated as they have not provided us with an opportunity to respond.
The notice has been issued via electronic instruction to the strata manager without passing a resolution in a meeting or ‘in writing’ meeting. Is this the correct procedure?
Should I call for a meeting to resolve the matter or is there a better option?
Answer: Speak to your strata manager to find out the details of the noise report and review whether you were noisy on that day.
It is often disappointing to receive such a notice. Can I suggest that you speak to your strata manager to find out the details of the noise report and review whether you were noisy on that day.
Our natural reaction in such instances is to defend ourselves however a simply apology and a rectification of the problem into the future may assist defuse any conflict with your neighbours.
If the complaint is unfair or didn’t occur, then you can review your options. I would suggest a simple letter to strata stating your side of things may be the right way to approach this situation.
Calling a meeting is an option however you are most likely to be inflaming the situation rather than resolving it.
This post appears in Strata News #458.
Rod Smith The Strata Collective E: rsmith@thestratacollective.com.au P: 02 9879 3547