Question: Our caretakers of a 50 unit complex only carry out gardening and maintenance work between 4 and 6 pm. Can we get them to carry out work when most people are away from their units during the day instead of late in the afternoon?
Our caretakers of a 50 unit complex only carry out gardening and maintenance work between 4 and 6 pm. While these hours are allowable under construction noise regulations of Brisbane City Council, I understand there may be some relief under nuisance noise provisions of the environmental legislation.
Is there any way we can get the caretakers to carry out work during the day instead of late in the afternoon when most residents have returned home?
The caretaker agreement does not mention when they are required to do the work.
Answer: Without a specific provision in the caretaking agreement, I don’t think there is anything you can do.
Off the cuff, I don’t think there is anything you can do to force the issue absent there being a specific provision in the caretaking agreement (which would be very unusual).
From the caretaker’s side of things, it probably makes sense for them to work in the later afternoon to avoid the main heat of the day. There would be no harm in having a gentle conversation about requesting a change of work hours, but I wouldn’t do that in too forceful a manner because there is nothing you can demand as of right.
This post appears in the August 2023 edition of The QLD Strata Magazine.
Frank Higginson
Hynes Legal
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500
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