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Here are some ideas for you to try ……..
Who is listed on the Strata Roll as being the Owner of the apartment, or as the recipient of the Strata correspondence? Is it the parents or is it the son? Does the son live in the adjoining apartment and the parents live elsewhere?
Did you send letters to the son or to the parents? If you have only been sending letters to the son then perhaps you could start sending letters to the parents?
You could search the Strata Roll and try sending a letter to the parents about your problem and include a copy of the by-laws and the Act re noise and nuisance. Explain what you have done to address the problem so far and how it has not worked and how it is negatively impacting your life.
If the letter to the parents doesn’t work then it would be best to get the Committee and the OC involved with By-Law Breach Notices etc.
If the music has been left on all night perhaps the son is in a drug induced stupor and/or coma and is not even aware of the music? Are you worried about him?
If you are concerned about the ‘health and well being’ of your neighbour then perhaps the police may need to become involved to go and ‘check’ whether the son is OK, or you could call Crime Stoppers on 1800 333 000 if you suspect that there may be illegal drug activity occurring next door.
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I have been in your position and what Lady Penelope says below is the right course of action.
Make a diary of the music and make sure this is submitted to the council, also ask the council to ensure the letters of complaint go the registered owners (parents) just just to the kid.
Also ring the police and get the call number and make a note, enough calls and they will put them on a watch list. even if you give them the parents address (should be on the title register), then this might give them another way to get the situation resolved. I did this and the police contacted the parents (after the kid moved out) and they did not know letters and complaints had been received with the council.
Also talk to others in the strata and get them to make a list too. The more people the better your odds are, trust me.
You have to get the parents involved and make sure that as the owner all consequences fall on to them.
In the mean time see if there are other things they are doing that may violate council rules. I got rid of my pest after i complained about his dogs, two unregistered pets on the property (four in total). I made a noise log and submitted it, the kid was fines for failure to register the pets. They only did one and then left.
While i do not recommend leaving the stereo on all night. ( I must admit there were times i thought he was worth the jail time), there is a reason Barry White and Barry Manalow are played on loop at the Train Stations.
This is called Brat Dumping (© JimmyT, 2017) and any loud music after 10 pm on a “school” night (midnight on weekends) should be dealt with by calling the police. You might also suggest they bring a drug dog with them because of any suspicious behaviour or appearance of this clown that you may have witnessed.
They don’t always come right away but I recall my own frustration with a neighbour resulting in this, the third call to the police.
Me: “I’d like to report an assault”
Police: “Who is the victim?”
Me: “The bloke next door.”
Police: “Do you know the assailant.”
Me: “Yes, it’s me.”
Police: “When did this happen?”
Me: “Oh, it hasn’t happened yet but I reckon you have about 15 minutes to get here …”
They arrived 30 minutes later but at least they got there and shut this moron’s party down (it was 3am and the party started after midnight)
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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