This article discusses how lot owners can address ongoing disturbances caused by body corporate noise maintenance issues, including loud pool equipment and refusal to act.
Question: How do we proceed when the Body Corporate is breaching a bylaw? A pool pump is so noisy it disturbs lot owners day and night.
How do we proceed when the Body Corporate itself is breaching a bylaw?
For example, a pool pump is so noisy that the sound penetrates into one of the units at all hours of the day and night. The noise is disturbing the occupiers of that unit. The noise level is 20dB above ambient noise levels, which is in breach of the EPA standard of acceptable noise.
The Body Corporate and Strata Committee refuse to take appropriate actions to remediate the problem. They won’t even accept a basic noise analysis report conducted by the occupier of the unit, which proves the noise pollution exists.
In this scenario, the Body Corporate is the “Owner” of the common property and therefore the owner of where the noise is coming from, and therefore in breach of the Noise bylaw.
Answer: A body corporate cannot breach by-laws. By-laws are for the body corporate to enforce to regulate the use of common property and lots by owners and occupiers.
A body corporate cannot breach by-laws. By-laws are for the body corporate to enforce to regulate the use of common property and lots by owners and occupiers.
However, that does not mean the occupier is helpless. A body corporate has a statutory maintenance obligation to keep common property in good condition. If an element of the common property (such as the pool pump) is so noisy that it is not in good condition (for example, because it contravenes some form of EPA standard) then the body corporate would be obliged to fix the noise issue.
Alternatively, an affected owner or occupier could propose that the body corporate carry out an improvement to the pool filter such as upgrading it to one which is quieter or installing an acoustic box to dampen the noise.
This post appears in Strata News #598.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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