This article discusses council of owners noise powers, including whether a council can impose noise restrictions without a formally approved by-law.
Question: Our Council of Owners have stated that there shall be no noise on weekends and public holidays. This is a bylaws and has never been voted on. Can the Council of Owners do this?
We are a Strata Survey Estate with 19 lots. Our Council of Owners have stated that there shall be no noise on weekends and public holidays and that there shall be limited noise during the weekdays and only during the hours between 9 am to 4 pm.
This rule is not included within the bylaws and has never been voted on or put to a motion for voting purposes.
The management statement provides statutory guidelines for noise within the local shire boundaries in conjunction with state law in WA. The management statement also states that bylaws or rules inconsistent with State and Statutory laws are not enforceable.
Can you advise or explain the legality of the advice that the Council of Owners has stated?
These conditions prevent even normal maintenance or hobby work to be carried out within our own premises. We do carry out work in accordance with the State requirements for noise.
Answer: The council of owners cannot make rules or guidelines without approval from owners at a general meeting.
The council of owners cannot make rules or guidelines without approval from owners at a general meeting. Also, any rule cannot override state and or local government statutory laws or by-laws. Also, from your comments they are in violation of your strata by-laws and further under the recent reform they could be deemed discriminatory.
Yes, they could recommend introducing new by-laws however they would need to have consideration to local government noise by-laws and the requirement under the act that by-law cannot be discriminatory.
As it stands, they are exceeding their authority under the Strata Titles Act.
This post appears in the October 2022 edition of The WA Strata Magazine.
Brian Rulyancich
StrataTAC
E: strata@stratatac.com.au
P: 0428 970 067
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