Question: Day and night throughout my unit, I can hear residents in the central fire exit staircase. I’ve told the body corporate, but nothing’s been done. What do I do?
Day and night throughout my ground floor unit, I hear residents in the central fire exit staircase and people talking. The metal door that provides access to the fire stairs has no release or padding to reduce the bang. The bangs in the middle of the night often wake me.
I have requested that the body corporate put a stopper on the metal door, but as I’m the only one affected, they haven’t done anything. In addition, the upstairs unit has tiled floors, and I can hear a child running, chair scrapes, etc. What can I do?
Answer: You probably need to escalate your complaint.
Noise issues can be tricky to resolve. While noise disturbance is covered under the Act and most by-laws, unless you are experiencing the noise yourself, it is often difficult to communicate the disruption it causes. And, even if there is a will to reduce the problem, the solutions are not always straightforward.
In this case, you say you have contacted the body corporate about the noise from the fire stairwell but have not had much response. That happens sometimes, but as you haven’t received any support, you probably need to escalate your complaint.
As a first step, you might want to write to the body corporate again, outlining your issue and what you expect to happen. Include audio recordings of the noise, if possible, but if not, include a diary of how often the disturbances occur and how they disrupt you. If your scheme has regular committee meetings, ask them to table your correspondence at the next meeting or if you could speak at the meeting. If possible, provide avenues for how you think the issue can be resolved. The body corporate can’t remove the staircase. It may be difficult to add extra soundproofing, but perhaps the door could be adjusted (if fire regulations allow) to stop it from slamming, or notices could be put up asking people to be quiet when using the stairs or to stop people using those stairs if they are not supposed to. Maybe the door locking system could be changed to limit access.
If you want to move beyond a letter, the next step is to submit an owners motion to the committee. This motion requires the committee to vote or comment on your issue within six weeks of receipt.
If your motion is rejected or doesn’t produce any traction, you probably need to look at filing a complaint with the Commissioner’s office and seeing where that takes you.
In making these submissions, it is worth noting that noise problems are typically classified as a nuisance and regulated under section 167 of the BCCM Act. The Act says that the occupier of a lot must not use or permit the use of a lot or common property to create a nuisance or hazard or unreasonably interfere with the use or enjoyment of another lot or common property. So there is protection for you under the law, but you may need to push to bring about a change.
In terms of the noise from above, your email doesn’t say, but is this something you have brought up with the body corporate or asked your neighbours about directly?
Not everyone likes to talk to their neighbours about issues like this, but it is a good place to start if they are friendly. Otherwise, contact the body corporate. Again, you should detail how the noise affects you by including audio files or some kind of diary. If necessary, you could provide the body corporate with a Form 1 – breach of by-law notice advising of the situation. The next action will depend on the response of the body corporate. Still, if you are not getting a reasonable response, you can follow the steps above: submit letters, make an owner’s motion, and ultimately file a complaint via the Commissioner’s office. As mentioned above, you should think about what might be a viable outcome here – the people in the unit may be able to put down a rug to dampen the noise to some degree. Still, they probably can’t stop their children scampering around even if they want to. Putting a credible resolution on the table in advance will add weight to your complaints and help bring about a compromise.
It’s important to note here that if you want to improve these issues, you will have to be the person pushing for that resolution. That can be difficult for some people to accept. They think the committee should be driving the issue or the system should somehow regulate people into better behaviour or taking action. However, real life doesn’t work like that. Some people find taking these actions too conflicting and shy away, but the reality is you are affected and, therefore, in the best position to detail the situation and push for change. If you press forward, you can usually get to some point of resolution or at least a better understanding of the situation.
This post appears in Strata News #700.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924