Question: The unit above ours is short-term let and has tiled floors. We constantly endure the noises of holidaying families, sometimes from 5 am to 10 pm. What can we do?
We are in our late 60s, retired and have lived in the complex for six years. Over the past two years, some owners in the complex have short-term let their units via platforms like Airbnb.
The unit above ours is short-term let and has tiled floors. We constantly endure the noises of holidaying families, sometimes from 5 am to 10 pm.
We have repeatedly complained to the owner and asked if they can carpet the unit. The owners said they placed rugs throughout the unit, but this did not fix the noise problem. What can we do?
Answer: Your options are to try to negotiate further modifications with the other owner or commence a proceeding in the Commissioner’s Office.
Firstly, I express my empathy for your situation. As someone who has lived in a strata scheme and experienced the challenges of noise from a neighbouring lot, I have an idea of the impacts it can have on sleep and wellbeing.
You have contextualised this as an Airbnb issue. I don’t think that is it. If the issue is noise due to flooring (you haven’t said if this is a hard flooring issue), then that will be an issue regardless of whether the lot is short-term let. If you feel the noise is exacerbated because of the high turnover of guests or their particular use of the lot, then perhaps the short-term letting issue is at play. However, that will be a challenge as there is currently no capacity under Queensland strata legislation for a body corporate to prohibit short-term letting. There may be other ways of dealing with short-term letting, though.
So, on the noise issue alone then, it seems that while the other owner has made some efforts, they have not been successful. Your options are to try to negotiate further modifications with the other owner (you have highlighted one that could occur) or, if that is not successful or not viable, you will need to commence a proceeding in the Commissioner’s Office in relation to noise and potentially nuisance. To do that, you will need to consult the by-laws for your scheme and enforce them. This excellent guide from the Commissioner’s Office should assist. If you have not already done so, you will need to keep a log of dates, times and noise/nuisance types. This will be the evidence you need to support your case.
Your action, if you pursue it, will be either against the owner of the lot or against the body corporate.
There are several moving pieces to this issue, so getting appropriate advice is recommended.
This is general information only and not legal advice.
This post appears in Strata News #709.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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