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Hi Jimmy, I am a shareholder in a company title building in the eastern suburbs and wonder if you can give me advice re a severe noise problem with my upstairs neighbour. We have parquetry flooring and between the wooden floor and the cement slab there is only a sheet of bitumen so no insulation at all.
During the day the noise is almost bearable but I am sometimes woken after midnight with noisy footsteps going back and forth and it is destroying my sleep and peace of mind. We have a by-law requesting that residents 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 her once and things improved but not for long and now the board no longer wish to know about my problem. Hoping there is something I can do before seeking legal advice. Help!
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There's good news and bad news.
The bad news is that if you can't get agreement with your neighbours, this can only be sorted out in the Supreme Court.
The good news is that, unlike in strata and the CTTT, the Supreme Court can award both damages and costs. In other words, if you have a very strong case you can expect to have most of your costs covered and maybe evenn get damages awarded in tyour favour.
But that's a big if.
I would try to make use of the Community Justice Centre's free mediation service (CLICK HERE) in the first instance. Failing that (or at the same time) I'd be getting in touch with a specialist strata lawyer who has some experience in Company Title.
Obviously strata by-laws don't apply in your building but there may be something in the articles of the building that you haven't noticed. And there may be other remedies available that we haven't thought of.
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.
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.
HI Suzyq
I was in a very similar situation at a company title block – after battling my extremely selfish and obnoxious neighbour who stomped around the apartment and made my life hell followed by the board who weren’t interested in rocking the boat i eventually sold the apartment. Best thing i ever did! Legally your options are very limited as you’ve got to prove their actions are deliberate. Trying to go to the supreme court would have created more stress and could cost massive $$
After the situation started to become explosive, i made the choice to move on and start fresh. As much as i loved my home, my mental health meant more to me. I now rent and have minimal issues – if noisy neighbours do come back into my life i can easily move at minimal cost
My views on Company title – forget it. It sounds attractive having a strong company charter for problem neighbours etc but as i learnt the board wasn’t interested in enforcing the rules
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