This article discusses apartment pool noise strata issues, including how strata schemes can manage pool noise while balancing peaceful enjoyment and shared facility use.
Question: Our pool can very noisy in the summer months. In our apartments, how do we control noisy neighbours and achieve a blend of “peaceful enjoyment” while allowing “children to be children”.
In WA, a number of the apartments in our building face the swimming pool. During summer almost every day there was constant noise from the excited shouting etc from children upsetting some residents. In our apartments, how do we control noisy neighbours and achieve a blend of “peaceful enjoyment” while allowing “children to be children”.
Answer: Balancing the use of common property facilities against disturbance of other residents is a fine line.
It certainly is a fine line in balancing the use of common property facilities against disturbance of other residents. In any case this particular example comes back to schedule 2 conduct by-law 12(b) which state’s:
“An owner or occupier of a lot must not make undue noise in or about the lot or common property”
Naturally we all have different opinions in regards to what is undue. Communication is the key in these circumstances. Signage in the pool area, general circulars to owners and residents is a good starting point to address noise. From there a friendly conversation from the Strata Manager or council of owners directly with those creating the noise breach is recommended before looking to issuing a breach of by-law. Sometimes people can be simply ignorant of the fact that they are creating a disturbance and a friendly reminder is all that is needed to rectify the problem.
With any ongoing concern persistence in communication and notification really does help as opposed to waiting until the issue arises to raise it with everyone.
The children factor is irrelevant. Parents need to facilitate this and you would expect that they are in the pool area supervising the children at all times.
This post appears in the May 2021 edition of The WA Strata Magazine.
Luke Downie
Realmark Strata
E: strataperth@gmail.com
P: 08 9328 0999
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