Underfoot in bad company

In the days before strata, individual companies were formed to build apartment blocks and shares were sold, allowing purchasers to live in specific flats.

There are still a few Company Title blocks around and they tend to have higher ceilings, lower prices and the owners get to choose their neighbours.

However, when disputes arise, unlike strata, there’s no middle ground between a complaint and a court battle.

QUESTION:  I am a shareholder in a company title building in the eastern suburbs and I have a severe noise problem with my upstairs neighbour.  We have parquetry flooring and there is no real insulation between the wooden floor and the cement slab underneath.

During the day the noise is almost bearable but I am sometimes woken after midnight by noisy footsteps and it’s destroying my sleep and peace of mind.  We have a by-law requesting residents to use rugs, most people abide by this but not my upstairs neighbour!

I believe that floors are the Board’s responsibility and have asked them how we should approach this problem.  They spoke with the neighbour once and things improved but not for long.  Now they don’t want to know.  Is there something I can do before seeking legal advice?   – SuzyQ (via Forum)

ANSWER: Not really. If you can’t get agreement with your neighbours, this can only be sorted out in the Supreme Court.

However, unlike in the Consumer, Trader and Tenancy Tribunal, which governs strata, the Supreme Court can award both damages and costs.  So if you have a strong case you can hope to have most of your costs covered and maybe even get damages awarded in your favour for loss of sleep and amenity.

So give it one last shot with your neighbour  – maybe even suggest mediation – then bite the bullet and talk to a lawyer with Company Title experience. There may be something in the articles of the company that you haven’t noticed.

And one thing is certain – this will not be the first time wooden floors have been at the heart of a dispute in Company Title apartments.