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Hi Jimmy, What does a ‘noise diary’ actually look like? How should I lay out a record of noise that I believe is intrusive due to the upstairs neighbour’s wife occasionally wearing hard soled shoes on their timber living area flooring? Does a complainant need supporting information such as an acoustic study? Whilst the noise can be low level having someone walk across your bedroom ceiling in hard soled shoes is not loud but intrusive if you are trying to rest. Regards TMK
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TMK,
With strata living their is always some give and take and the older the building the worse the noise will be. I can hear my neighbour going up a down his stairs. The stairs are solid jarrah in both my place and the rest of the strata. While it is unpleasant and not something I want to hear it would be unreasonable of me to expect him to stop using his stairs while I sleep.
Most noise diary’s should have a date, time or time period, what is actually the noise is. For example if you are putting up with loud foot steps due to noising footwear on hard wood floors, note the date, time or time period and put down that you can clearly hear walking (with heels) on hardwood floors. Put down where you are in your place, note if you have any doors or windows open and if you have music or television going. The more information and detail you give the better chance you have of being taken seriously about your complaint. If the noise is say once or twice a week for a few minutes at a time this may be something that is considered normal everyday living for apartments.
Most local councils have on their website an example of a noise dairy if a neighbour is causing a noise problem.
As for noise readings I have been down this path with my local council about my neighbours loud music and have been basically told unless the police come out and determine the music is excess there is nothing more they can do. Any noise readings I take myself would not be valid in my complaint. I am not sure (depending on your state) what the police, council or strata complaint board (depending on your state) view would be and worth checking out.
Hope this helps
I agree with Missy about the noise diary being a detailed note of time, area of theapartment and nature of the noise. The names of any witnesses would also be helpful.
Regarding measuring the level of noise, the complaints system can be a game of “pass the parcel” until the music stops. Different councils approach this differently and so do different police stations.
However, in most states, strata law says you must not disturb the peaceful enjoyment of residents’ lots. It says nothing about the level or the nature of the noise. All you have to do is prove that the noise would disturb a reasonable person going about their daily lives and you have a case to take to Fair Trading and the Tribunal.
And contrary to what you have been told, the tribunal can accept your recordings of excessive noise. Something on your smartphone, with a voice-over commentary about the time and date from you, is in some ways better than highly sensitive professional equipment.
Your EC has a duty of care to deal with this but if they refuse to issue a Notice To Comply, as way too many do these days because they are lazy, ignorant or saving costs, you can apply through Fair Trading for compulsory mediation followed by orders at NCAT.
However, this carries so much more weight with the EC backing you.
On a general note, councils and police will rightly say that there are mechanisms within the strata acts for dealing with this. That’s why they don’t get involved until someone has broken the law.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
I would also add to the diary – how the noise affects you. eg stops you sleeping, wakes you up, makes you stressed.
My neighbors sometimes are really noisy
TMK – As a first step (excuse the pun) have you tried talking to the upstairs neighbour or slipping a note under their door explaining that you can hear their foot steps when they wear shoes on the timber floor?
Perhaps your neighbours are not aware that they are disturbing you?
You might like to suggest that they put their shoes on just as they are walking out the door and take them off when they walk in.
I too have had a problem with a noisy neighbour but a friendly note slipped under the neighbour’s door fixed the problem. It might be worth a try.
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