Question: I’m a healthcare shift worker. My downstairs neighbours says I can’t shower after 9pm. What are my rights here?
I am renting an apartment. The woman below me is quite noise sensitive and isn’t the type of person I want to upset. However, I am a healthcare worker and do shift work. My job entails showering and changing incontinence pads, so when I come home, I would like to shower. She is now saying I can’t shower after 9pm because of noise laws. Is this the case? Especially during COVID-19 where hygiene now is paramount.
My shower isn’t loud- no squeaky taps or pipes. No water hammer.
What are my rights here? Am I allowed to shower?
Answer: In the absence of a by-law which might attempt to regulate showering times, it is reasonable for you to shower after 9:00pm, provided that you are not causing a “nuisance” which unreasonably interferes with your downstairs neighbour.
Offensive noise is defined in the Protection of the Environment Operations Act, 1997 as noise that by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:
- Is or is likely to be harmful to a person who is outside the place where the noise is coming from; or.
- Interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or rest of a person who is outside the place where the noise is coming from.
“Noise” from showering does not appear to fall within the categories and even noise from air-conditioners is generally only regulated after 10:00pm.
In our view, in the absence of a by-law which might attempt to regulate showering times, it is reasonable for you to shower after 9:00pm, provided that you are not causing a “nuisance” which unreasonably interferes with your downstairs neighbour.
This post appears in Strata News #508.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
I don’t know about anybody else. But living in a strata is like renting. You pay a fortune for your lot and then have a bunch of people telling you what you can and can’t do. What if the person that ripped up carpet and put down floorboard. Maybe he is asthmatic or very allergic. I feel sometimes like I’m living in an institution and feel that we are being kept in the dark as decisions are made without us knowing. I feel like I’m selling my rights to freedom only to be ruled by
People and what suites them.
We have an unannounced replacement of tiles on two levels, common property. The strata Manager is fully aware but failed to advise owners. Some tenants moved out due to noise. Occupiers using Zoom have to rent elsewhere. Are the Body Corporate financial losses due to the noise?
Darwin.
Exactly people are getting very precious these days. Do they forget they chose to live in a block of units with neighbors all around them.
Hi
1. The strata complex ( contact the strata management company to check) should have a by law that deals specifically with rules around renovations, for instance – approval to be sought from Strata Council ( which is made up of owners) in the first instance and times and days of the week that renovations are allowed. and that the owner wanting to renovate needs to provide residents with adequate notice of planned works ( after approval has been granted.) Also to clear up any mess.
2. Local councils also have regulations – check with your local council on Environmental Health Act/or regulations in your state. For instance, power tools can only be used for 2 hours per day in my local authority area.
3. If you think the by law needs tightening up /improving -a ny owner can propose amendements to a by law be considered and voted on at the next Annual General Meeting.
4. Anyone operating outside the by law – insist that the Owners Council or Strata Managers breach them.
My neighbour upstairs is renovating refurbishing her bathroom i am a shift worker and get home late the hammering etc starts at 7.30 am there is also drilling my neighbour suggested i move out which means i have to pay for two weeks accomodation thanks to my neighbour this is happening for 2 – 3 weeks have i got any rights as an owner. This is the 3rd lot of renovations that have affected my peace and quiet
Check the strata by laws and local council regulations around noise from power tools and timing of renovations.
Ask for a change in the by laws if you consider it unfair to residents.
If the Strata Manager has not addressed a Letter of Noise Complaint to the noisy neighbours and if he hasn’t followed up whether the Strata By-laws are being complied with, if he hasn’t actioned a Notice of Compliance and if he hasn’t informed you what further action can be taken like going to NCAT to enforce compliance against the noisy neighbours, then he has failed in his duty of care.
There’s a lot you can do. Speak to other neighbours whether they too have been affected by the disturbances and start a petition to be presented to the Strata Manager, if the Strata Manager is an employee of the Strata Management company then address the owner of that company., not the strata manager who offered you no help.
It’s very annoying that Strata Managers disregard the fact that they are employees of the Strata Owners Corporation and they are contracted to represent the Owners Corporation concerns. of any breaches of the By-laws among their Strata Plan Administrative responsibilities. They are not your employer you are their employer!!
If you can afford legal solicitor representation then do so. Tell your solicitor about the abuse you received and if any police inaction.
Alternatively, contact Elder abuse helpline on 1800 628 221
I have problems about the noisy neighbour from upstairs since 2014 he is a son of the owner. Many times I told him to volume down the music but he ignored me all the times. When I had knocked on his door, he couldn’t hear that. Later he opened the door, he shouted and swore at me …I was so shocked and afraid…He is an Australian young man in 20th something years old. I’m 70 years old Korean lady. Almost every night from 10 o’clock or 11 o’clock PM to 2-3-4 o’clock AM next early morning… I couldn’t sleep, my bedroom is just beneath his room, he plays games or watches movies…I presume. First a few years I noticed, attached a small paper on his door,” please volume down your music..we live same building so we have to be considerate each other …”. Some neighbours told me to call the police, but I hesitated to call the police, feeling like guilty because he is our neighbour. But from last year I called police at midnight, but they didn’t come every time when I needed.
Last month, 28th December 2018, I called police “131444” 1:36 AM (29th Dec 2018 early in the morning). The police came around 2:00 AM, I opened enter door for them (he didn’t hear buzzing sound), police talked to him I thought, but after police left, he still kept playing the game or watching the movie until before 5 AM in the morning…very loudly.
30th of Dec. 2018 from 5:00 PM he and his friends jumping running etc. at his place, my ceiling was shaking sound like an earthquake, (they did before 3 years ago many times, my ceiling and a crystal jar were shaking before.)
I called police 131444 12:17, 12:58 AM (31st Dec.2018 early morning) police came 1:00 AM.
I asked my flat STRATA about this matters 4 years ago, but they couldn’t take any action, also police can help not to make noise from 10 PM 11 PM until 2- 3 AM, he didn’t care of anyone, but I have been suffering almost every night still even now … but it’s not time to sell and move away from here, before going to AGED CARE PLACE.
please give me a way he should stop to make a noisy to play the game or watch the movie, I can hear that sound…after 10 PM.