Monday, 06th April 2020

register | forgot password?

Nuisance - don't be one

Monday, 05th January 2015

Community living often means being very close to your neighbours and sometimes this can be too close, especially when their noise or actions intrude on your peace and quiet enjoyment of your own property.

Are you the one intruding and don’t know it, or are you putting up with some behaviour that is making living in your property a very unpleasant experience?

My experience with an unpleasant experience was with a former neighbour, newly arrived migrant, who used to make kimchi at 6am – the smell of fermenting cabbage would wake me up in a way that I didn’t really like. She probably didn’t have a problem with it from where she came from, but in the suburbs of Sydney it didn’t go down so well.

If you’re new to apartment or community living then there are a few things to consider. Unlike living in a house there are rules and regulations around living in a strata scheme. This is not meant to make your life difficult but to provide a level playing field for everyone to enjoy this lifestyle.  

The rules are called by-laws in NSW and Queensland and rules in Victoria. While most strata schemes seem to adopt a standard set of by-laws or model rules, it is open to the owners corporation or body corporate to change these.

For example, in NSW at present there is no standard by-law that addresses the issue of cigarette smoke drift from one lot to another.

The new standard by-laws in the new strata laws yet to go before NSW Parliament does attempt to address the issue by banning smoking in a lot or on any part of the common property where the smoke causes a nuisance, hazard or otherwise interferes unreasonably with the use or enjoyment of a lot by another resident.

But these standard by-laws will only apply if adopted by new strata schemes from whenever the new legislation takes effect. Of course, as mentioned above, there is nothing stopping an owners corporation or body corporate from going through the process to pass this by-law or rule now.

But this only potentially solves one issue. What about other matters like party noise? Or over-crowding? Or cooking smells that are just too overpowering? These issues may be considered as a nuisance.

Generally, nuisance means that owners and their guests do not behave in such a way as to disturb the peace and quiet enjoyment of others. The issue of nuisance is dealt with under section 117 of the current NSW Strata Title Management Act, section 167 of the Queensland Body Corporate and Community Management Act. In Victoria nuisance is dealt with under the model rules.

Any serious breach of this may result in the matter being brought before the appropriate State Tribunal where orders may be issued to curb the behaviour. A breach of those orders can result in heavy fines.

No one wants to act as the fun police, but at the same time being considerate of your neighbours can make community living that much more pleasant. So next time you decide to talk on the balcony at 2am on a Saturday night, have a think about where the neighbours bedroom windows might be and perhaps take the conversation inside.

Supplied by: BCS Strata Management form Community Lifestyle Magazine 

 

by Jennifer Ross

Bookmark and Share

Comment from galletton on Wednesday, 15th November 2017

Very nice post Chaussures Adidas EQT Support ADV soldes http://www.roadrunnerfrance.com/eqt-support-adv-c-1_6.html . I just stumbled upon your blog and wanted to say that I've truly enjoyed surfing around your blog posts.In any case I'll be subscribing to your feed and I hope you write again very soon!

Comment from wiboonsin on Thursday, 13th July 2017

This is really a great stuff for sharing Calzado Nike Zoom Winflo 2 view it here . Keep it up .Thanks for sharing.

Comment from wiboonsin on Tuesday, 13th June 2017

Luckily I forgot my ticket and had to go home to get it. http://www.polskarun.com/ on answer phone saved a 90 min return trip. EastEnders it is then… Thanks!

Comment from AlejandrinaWotring on Friday, 31st March 2017

Very useful, it can help me in the future. We must take care of the good atmosphere around us.

Comment from pratik3566 on Saturday, 18th March 2017

good using it to use Android applications as well as games on your WhatsUply hold-ups are knowledgeable, it would certainly be  nice. 

Comment from scalett on Thursday, 03rd November 2016

By the way it meets you with your adorable time accordance as it is complete abounding replique montre acclimatized with the best of today's address men.

This rumor comes from all of those humans who advertise hermes replica handbags on the bend of city-limits streets that “accidentally fell off the truck”. You can in actuality own added than one replica。

Comment from Daniel797 on Monday, 22nd August 2016

Yes, You said right that sometime it's too close and noise or action effect your peace which is not good. Neighbors must be responsible to provide good environment and fully try that their action don't hurt others. Actually, I need ukassignmenthelp but here in this post you told which tips we should use to away such issues.

Comment from yogesh on Friday, 17th June 2016

I'm not sure if this is a format issue or something to do with browser compatibility but I figured I'd post to let you know. The layout look great though!   The Best Chinese Food in Minnesota

Comment from sana on Wednesday, 20th April 2016

The next few paragraphs gives a excellent in addition to valuable primary characteristics connected with this sort of issues. Thanks in relation to talking over the idea within a legible in addition to all to be able to simple to acknowledge composition.  Office equipment Sydney

Comment from sana on Thursday, 25th February 2016

Innovative excellent statement, However lots of people savored considering both males and females data, excellent present, Each time ok, i'll twit a remarkably so that you can offer. Benefit!  nicotine juice

Search for services

Find tradesman or property services in your local area.

Search for services