NSW False allegation by downstairs neighbor regarding noise.

[Lizz]

Hello All,

Recently received email from strata that downstairs neighbor complained that they can hear opening and closing of doors & footsteps at night time and its effecting their sleep.

Its brand new apartment & i just moved in few months ago.

I am very disappointed with these allegations because we are living normally and its still effecting others.
Complain is not regarding loud parties or loud music (which we don't do), I cant understand that walking in our own house & maybe shutting toilet doors at night time can effect other sleeps.

Please advice how i can reply to this ?

 

[Gorodetsky]

Hi lizz,
Ok, I'm not a solicitor.

I suggest you don't get upset or angry about it. Being upset is likely to be the worst outcome from this.

Since you're confident you aren't making undue noise, I suggest you reply firmly and helpfully.

Tell strata:
You aren't making any problem noises
You haven't heard any (if you haven't)
That if someone has accused you of the noises they are mistaken or the allegations are false.
If they are light sleepers, you are sympathetic and will try to be quiet, but you have the right to live in your apartment at night.

If this complainer is a problem person, they will approach you directly next (cause strata didn't work). Don't engage in argument with them. Tell them you gotta go but that strata resolved it - they should speak to strata.

You've posted on a legal forum, but it's not a legal problem yet...lawyers cost thousands.

Alternatively, I hear that Tamworth has acreage at reasonable prices.

I hope this helps
Gorodetsky

 

[Rod]

I agree with Gorodetsky. Write to the strata and say that you are living quietly and you are within your rights to have the quiet enjoyment of your own property which includes walking around and using the the toilet at night.

Sounds like a faulty build. I'd also be suggesting the developer has not properly sound proofed the building and that the other owner should be seeking rectification from the developer/builder.

 

[Lizz]

Hi lizz,
Ok, I'm not a solicitor.

I suggest you don't get upset or angry about it. Being upset is likely to be the worst outcome from this.

Since you're confident you aren't making undue noise, I suggest you reply firmly and helpfully.

Tell strata:
You aren't making any problem noises
You haven't heard any (if you haven't)
That if someone has accused you of the noises they are mistaken or the allegations are false.
If they are light sleepers, you are sympathetic and will try to be quiet, but you have the right to live in your apartment at night.

If this complainer is a problem person, they will approach you directly next (cause strata didn't work). Don't engage in argument with them. Tell them you gotta go but that strata resolved it - they should speak to strata.

You've posted on a legal forum, but it's not a legal problem yet...lawyers cost thousands.

Alternatively, I hear that Tamworth has acreage at reasonable prices.

I hope this helps
Gorodetsky

Thanks Gorodetsky !

 

[Lizz]

I agree with Gorodetsky. Write to the strata and say that you are living quietly and you are within your rights to have the quiet enjoyment of your own property which includes walking around and using the the toilet at night.

Sounds like a faulty build. I'd also be suggesting the developer has not properly sound proofed the building and that the other owner should be seeking rectification from the developer/builder.

Thanks Rod !