My upstairs neighbour installed tiles without soundproofing. To fix the noise issue, he wants me to contribute to the cost of laying the carpet. Is this legal?
The owner of the unit above has had tiles laid without soundproofing. We have complained about the noise. In response to our complaints about the noise, he has arranged a quote to put carpet down.
In compensation for the laying of the carpet, the neighbour wanted me to pay him $4000. He has now reduced this amount to $3000 and he would like $2000 in advance before he goes ahead and orders the carpet!
Can he do this to me? Is it legal?
Should I be paying him for work to be carried out in his unit to fix a problem he created?
The downstairs owner should not have to contribute
There is a statutory obligation not to use your lot or common property in a way that interferes unreasonably with the use and enjoyment of others. It would appear that the complaints about noise may have merit – otherwise why would the upstairs owner do something about it?
If that is the case the upstairs owner is obliged to do something. That may involve changing their floor coverings to address the issue, and if so, the downstairs owner should not have to contribute to that.
Log in to your existing Lookupstrata Account to download the printable file.
With more than 30 years’ experience in property, management rights and body corporate law, Frank is a beacon of knowledge and a renowned strata-industry expert. Known for his straight-shooting style and commercially driven advice, Frank cuts through the most challenging legal problems to deliver real-world solutions.
An active member of the strata community, Frank generously shares his time and experience to help educate the broader industry on all things strata law. He embraces his role as an industry leader and is committed to continued industry innovation and ensuring everyone in the strata sector has access to practical resources and solutions as they navigate through the strata maze.
He regularly presents to all industry segments and also speaks at Queensland Law Society events on strata law issues to other lawyers. Frank is a regular contributor to LookUpStrata.
Lookupstrata Directory
Looking for QLD Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available
Search the directory
Comments
Log in to leave a comment