Question: The unit upstairs has removed the carpet and underlay and polished the floorboards. As well as being incredibly noisy, any spilled liquids seep through their floor to our unit. What can we do?
We purchased a ground floor unit around a year ago. It is in an old 2 story block with 8 units. It was first registered in 1967, so it falls under the 1965 by-laws. The issue is, the second floor units all had carpet & underlay, laid onto tongue & groove boards. The unit above us have pulled up the carpet and underlay and have polished the old boards which sit directly on the structs in our ceiling, leaving no insulation what so ever.
Apart from the noise being incredibly loud & disturbing, any spilled liquids leak through the boards and come through our light fittings. Do we have any rights? Are the owners above us allowed to remove the floor insulation? Any information would be greatly appreciated.
Answer: Have you approached them and/or the committee of the building about your situation?
The article below goes into a bit of detail about what your options are. If there are no by-laws preventing the owners upstairs from doing what they’ve done, that’s one thing, but they still are obliged to not cause a nuisance. Similarly, if their actions are causing damage – e.g. water ingress into your lot – that’s also something they can potentially be held accountable for.
Have you approached them and/or the committee of the building about your situation? If not then that’s your first step. You should also be keeping a log of noise issues, as you need to evidence of your situation. Regarding the water issue, you might need to approach a plumber to get a report and/or quote.
Following this and if the issue still remains, you may need to use the dispute resolution process of The Commissioners Office.
Finally, if your by-laws are as old as you say they are, then they probably need review. You can propose a motion to your next general meeting for this. While you don’t need a lawyer to draft your by-laws, it is strongly advisable.
This post appears in the July 2021 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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