Question: Our body corporate does not seem to have any bylaws to deal with neighbour’s noise such as from hard flooring and children running around.
I’m concerned about the flooring and sound proofing of my apartment. How can residents deal with neighbour’s noise like walking, moving furniture, kids jumping up and down and running around? In our body corporate we do not seem to have bylaws or standards to cover these problems?
Answer: Your first step is to ensure you have your current by-laws.
Every scheme registered in Queensland will have by-laws. Whether they deal with noise and renovations specifically is another matter – chances are they will.
Your first step is to ensure you have the current by-laws. These can be obtained from the Titles Office in Queensland. Only the by-laws registered with Titles are the ones which apply to your scheme.
After that, there will be various options you can pursue, depending on what your by-laws say. Regardless of by-laws there are legislative provisions in Queensland around nuisance.
Both the nuisance provisions and process for enforcing by-laws can be technical and prescriptive. With that in mind, your first step, if you haven’t already done so, is to approach the source of the noise and try to work out a solution. You are required by law to at least attempt this. After that, you may need advice on your next steps.
This post appears in the August 2021 edition of The QLD Strata Magazine.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898