VIC Owners Corporation - Legal to Record Noisy Tenants as Evidence?

[Peace and Quiet]

We rent in a strata-titled building in Victoria.

We've had to make two noise complaints and a Notice to Rectify Breach was issued against the noisy tenants by the Owners Corporation.

The noisy tenants wrote to the Owners Corporation denying that their noise was unreasonable. In response, the Owners Corporation asked us to record any further noise we found cause for complaint, as evidence of a breach.

We asked the Owners Corporation whether recording the noisy tenants (audio voice recording only) would be legal and they did not have an answer. We requested that the Owners Corporation check the legality; and suggested it may be necessary to let the noisy tenants know they might be recorded.

I'd like to know whether and on what terms (if any) it's legal to record the noisy tenants; and whether it's legal for the Owners Corporation to ask us to do this.

 

[Rod]

There is no law in Victoria saying you cannot record noise from within your own property. Just like there is no law saying you can't look over your fence into the neighbour's yard.

There are laws saying nuisance noise is illegal.

If you also want to get technical, borrow or hire a calibrated noise meter to record the noise volume. Diarise the noise, record the sound levels, note the device manufacturer, model and serial number, and also preferably the date it was last calibrated.

The noisemakers don't get to decide if their noise is unreasonable, the authorities do. You describe the impacts on you. Eg disturbed sleep, not able to watch TV, on edge because noise is constant, can't hold a conversation in your own house, vibration loosening fittings/cornice/cracking walls, etc.