ACT: Q&A Noise and Nuisance in Strata Communities

The LookUpStrata Team

3 years ago

These Q&As cover questions we have received from ACT lot owners about noise and nuisance from common spaces or neighbouring lots.

Table of Contents:

QUESTION: Water drains from my balcony onto my downstairs neighbours. I’ve been served a nuisance notice from the owners corporation. What do I do?

QUESTION: I own apartments in a building nominated as student accommodation. During COVID, dynamics have changed and the increased number of children is affecting my tenants. Am I entitled to compensation if my tenants vacate?

QUESTION: Very bright lighting has recently been installed in the carports and it shines straight into our bedrooms. The Executive Committee will not assist. How can we speed this along?

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Question: Water drains from my balcony onto my downstairs neighbours. I’ve been served a nuisance notice from the owners corporation. What do I do?

My balcony has floating tiles that sit on pedestals. Water drains through the gaps onto the concrete slab and overflows onto the balustrade below, resulting in an angry downstairs neighbour. The drop of the concrete seems slight to the outside, with no drainage on the outside of the balconies.

How can this be rectified? We have done our best to mitigate runoff. All pot plants have saucers but occasional accidental overfills have resulted in a final warning fine threat from the owners corporation noting the Schedule 1. Section 1.9 nuisance or annoyance rule.

Answer: If the amount of water being put on the balcony is more than would normally be expected, the occupier of the balcony could be held to have committed a nuisance.

Whilst the owners corporation has a repair responsibility for balconies in the ACT (as balconies are defined parts of the building), the question here is whether the balcony needs to be repaired or not (ie was it built in accordance with the relevant building standards or not)? This is a technical building question rather than a legal one.

Having said that, if the amount of water being put on the balcony is more than would normally be expected, the occupier of the balcony could be held to have committed a nuisance.

Christopher Kerin Kerin Benson Lawyers E: enquiries@kerinbensonlawyers.com.au P: 02 8706 7060

This post appears in Strata News #644.

Question: I own apartments in a building nominated as student accommodation. During COVID, dynamics have changed and the increased number of children is affecting my tenants. Am I entitled to compensation if my tenants vacate?

I own apartments in a building nominated as student accommodation. This has always been used as long term university student accommodation.

Recently, due to the lack of overseas students during COVID, another group has taken over a majority of the units to use as accommodation for visiting primary and secondary students on a day to day basis.

This creates a significant change to the dynamic of the living arrangements and disruption every morning and evening as the large groups of school children come and go. My tenants are not happy and want to leave and the apartments will be hard to find tenants under the new conditions.

Is there an ACT definition of what ‘student accommodation ‘ is and what rights do I have as an owner in regards to recompense or demands to return the building to a university student only residence?

Answer: It is hard to deny any resident the right to have visitors to their unit.

The difficulty is that while the complex has “student accommodation” status, it is hard to deny any resident the right to have visitors to their unit.

The students have the same rights as any other resident. And there are residents who do operate from home especially since COVID.

We are not aware of the conditions in the lease which the tenant would be bound by.

There is no limit on the number of visitors unless this is causing a nuisance or substantial annoyance to another occupier.

The strata manager upon receiving concerns would refer to the owner or letting agent of the unit in the first instance, if you feel unable to take it up with the residents.

It would be a good idea for your tenant to keep a diary to ascertain the number of times that they are been disturbed.

Jan Browne Bridge Strata E: jan@bridgestrata.com.au P: 02 6109 7700

This post appears in Strata News #527.

Question: Very bright lighting has recently been installed in the carports and it shines straight into our bedrooms. The Executive Committee will not assist. How can we speed this along?

We own a 2 bedroom unit in Canberra. The bedrooms face onto the carports.

Very bright lighting has recently been installed in the carports that now shines straight into our bedrooms. The installer claims to have met the standards for night lighting but will not provide us with the standards. I note that the ACT Regulations state that nighttime lighting should not intrude into bedrooms.

The Executive Committee refuses to answer our questions and the Strata Manager is being extremely difficult. We have put a complaint to the ACT Govt. but still awaiting their response. Is there any other action we can take to speed this along?

Answer: The executive committee has a duty of care to all owners and residents to ensure that the items installed on common property are not causing nuisance or adversely affecting individual residents.

Basically from how this is worded it looks as if the lights have been installed on the common property and also under the authorisation of the executive committee. The executive committee has a duty of care to all owners and residents to ensure that the items installed on common property are not adversely affecting individual residents.

As this is a common area installation that is causing the issue for you, the Executive Committee is obligated to provide you with answers and those answers should be backed up with proof of compliance to the ACT regulations.

Unfortunately, I don’t believe there’s any way to speed things along through the ACT government. However, as an owner, you do have the right to be able to take action against the Executive Committee if they are not forthcoming with answers for you. I’d be suggesting you contact the manager and advise them of a reasonable timeframe – say 7 days to 14 days for a response from the Executive Committee. If they’re not forthcoming by that stage, take the initiative and look at lodging action through the ACAT, which is the ACT’s Civil and Administrative Tribunal.

Steve Wiebe Bridge Strata E: steve@bridgestrata.com.au P: 02 6109 7700

This post appears in Strata News #513.

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