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  • #10679

    Illegal Floorboards/Noise issue

    The Apt above me has unapproved illegally laid down noisy floorboards installed.

    This was discussed, resolved and minuted at an E C meeting some 13 years ago . As a result the then owner laid down a carpet. The carpeted floor was noted in an acoustic report done by the  E C  after this above EC  Meeting took place.

    Two years ago renovations took place within this Apt, no submissions were made in regards to the removal of the carpet that was laid down on these floorboards as a result of my  noise complaints, meaning this carpet was removed and the same noisy floorboards have been re-exposed. The building application stated that there will be no changes to the present flooring/carpet.

    Past and present photos were  supplied to the present EC as evidence showing a carpet laid down and recent ones showing it has been removed.

    No inspections after the renovations were undertaken by the E C and our front office manager who is responsible to oversee all of these works.

    The  EC are shunning all this info  put in front of them and refuse to take appropriate action against the new owners/occupiers who bought this apt after these  renovations were made by the renovating vendor.

    We also have a special by-law that was and is  in force before these renovations took place  which clearly  states what can and cannot be laid down if renovations take place and  this bylaw would make these floorboards unacceptable. 

    The E C have offered to undertake an new acoustic report  if owners accept but this must comply with the old flooring by laws prior to our new bylaw coming into operation. This is viewed as totally unacceptable as the new bylaws were in effect and registered when the renovations took place and even when application was submitted.

    What action would you suggest one takes to resolve this noisy floorboards issue once again? 

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  • #25598
    Jimmy-T
    Keymaster

      Your starting point has to be the by-laws that are in place at the moment.  All this stuff about acoustic testing etc etc sounds like delaying tactics.

      If your EC has done nothing about this, tell them you will seek a section 138 at NCAT forcing them to take action by invoking your by-laws. 

      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.
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