Question: My upstairs neighbour installed tiles without soundproofing. To fix the noise issue, he wants me to contribute to the cost of laying the carpet. Is this legal?
The owner of the unit above has had tiles laid without soundproofing. We have complained about the noise. In response to our complaints about the noise, he has arranged a quote to put carpet down.
In compensation for the laying of the carpet, the neighbour wanted me to pay him $4000. He has now reduced this amount to $3000 and he would like $2000 in advance before he goes ahead and orders the carpet!
Can he do this to me? Is it legal?
Should I be paying him for work to be carried out in his unit to fix a problem he created?
Answer: The downstairs owner should not have to contribute
There is a statutory obligation not to use your lot or common property in a way that interferes unreasonably with the use and enjoyment of others. It would appear that the complaints about noise may have merit – otherwise why would the upstairs owner do something about it?
If that is the case the upstairs owner is obliged to do something. That may involve changing their floor coverings to address the issue, and if so, the downstairs owner should not have to contribute to that.
This post appears in the September 2021 edition of The QLD Strata Magazine.
Frank Higginson Redchip Strata Law E: FrankH@redchip.com.au P: 07 3193 0500