State law or by-laws?

A Domain reader called Hans sent this:

1. STANDARD STRATA BY-LAWS
BY-LAW 1 – NOISE
An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.

2. The NSW state noise regulations which only seem to limit noises between 10:00pm and 7:00 am from Sunday to Thursdays and midnight to 8:00 am Fridays and saturdays.

We have had a lot of problems with noise from a unit below ours. The noise is often just yelling and screaming, doors slamming and occasionally playing amplified musical instruments and occurs at any and all times of day.

I would like to know which takes precedence, the strata by-law ot the state law.

We are trying to find a way to convince the people making the noise that they are doing the wrong thing even if the noise they make is during daylight or evening hours but not within the periods defined by state law.

First of all, State Law doesn’t supersede (or undermine) strata by-laws – they operate AS WELL AS the state laws.  Obviously, living in close prooximity to other people, you need another level of regulation on top of the basic laws for people living in houses.  Those are you by-laws and unless they contradict State laws, they operate in conjunction with them.

Or to put it another way, if someone is excessively noisy during daytime hours you call the strata manager or Executive Committee.  If they are noisy in the periods prohibited by State law, you call the cops.

One other thing, though.  Forget the “standard” or model by-laws – look at the by-laws that have been adopted by your building.  They may well be the same but you have to check.

Now, have an executive committee meeting and if you agree that some residents are excessively noisy, hit them with a Notice To Comply, citing the by-law they have breached.  The correct form is available HERE and you must use this form for it to have any legal effect. As you can see, the NTC comes with the threat of a fine if they don’t obey it.  That usually gets people’s attention.

By the way, it doesn’t matter whether they are owners or tenants — the same by-laws and penalties apply.