Strata Disputes

For those of you who live in a strata unit (and it appears that more and more of us will be in the future if the NSW Government has its way) one of the most common issues that arises is excessive noise made by neighbours. So, what do you do if you’ve spoken to the offending neighbour and you just can’t resolve the matter? The first thing to note is that section 153(1) of the Strata Schemes Management Act 2015 prohibits the owner, tenant or occupier of a lot from using or permitting the lot to be used in a manner that causes a nuisance. This provides a legal basis for the noise complaint. The steps to be taken (and this applies to most strata disputes) are as follows:
(a) Send a letter of demand to the neighbour precisely setting out the terms of the noise complaint and what the neighbour should do to alleviate the problem, such as placing carpet on floorboards,within a certain time frame e.g. 14 days;
(b) If the letter of demand is not complied with then an application for mediation should be lodged with NSW Fair Trading. The mediation will take place within a few weeks and it involves a structured negotiation process with an independent mediator who assists the parties to achieve a resolution of the problem. From experience, this has about an 80% success rate; and
(c) If the mediation fails or the other party refuses to take part then an application to the NSW Civil and Administrative Tribunal can be made seeking appropriate orders against the other party. The Tribunal is intended to be a low cost and efficient forum for dealing with disputes. The hearing will take place within a few months of the application.