One of the most common issues a strata company in Perth might have to deal with is noise complaints. It’s inevitable that when people live close together in a shared environment such as a strata development, some noisy residents will disturb the peace of others.
Whether that noise comes from power tools, barking dogs, loud music or revving engines, there are regulations in place. The Environmental Protection (Noise) Regulations 1997 and the Strata Titles Act 1985 provide helpful guidelines on what constitutes a legitimate complaint and how to handle it.
Here’s a breakdown of best practices for managing noise complaints in a strata development in line with legislation:
1. Make Sure the Complaint is Legitimate
Before you raise your complaint, try to make sure that the noise is indeed a disturbance. Consider whether it’s a one-off occurrence or an ongoing issue. Keep in mind that some level of noise is expected in shared living spaces, but if it’s disruptive and ongoing, it’s worth pursuing.
2. Initial Complaint Handling
When you’re ready to move forward, ensure you have all the details of the disturbance clearly documented. This includes the date, time, location and the specific nature of the noise. If possible, record audio or video evidence as this can be powerful when presenting your case. It’s also a good idea to keep a log of disturbances—note down the date and time of each incident.
Upon receiving a noise complaint, the strata manager should promptly acknowledge receipt and commit to investigating the matter.
Lodge Your Complaint in Writing While you might speak to your strata manager or building management about the noise, it’s always best to put your complaint in writing. Be clear, concise and include all of the details you’ve gathered, including the nature of the noise and how it’s affecting your daily life.
3. Investigation
Once you have the details of the complaint laid out in writing and are sure that it was indeed a breach of regulations and/or by-laws, the strata manager should determine if the noise was a one-off event or a recurring issue. This may involve speaking with other residents to corroborate the complaint.
For ongoing disturbances, the strata manager will request that the complainant keep a noise log, recording the times, dates and details of the disturbances. This is where audio or video recordings can also be helpful as evidence.
At this stage, the strata manager may be able to resolve the issue without any further action, simply by informing the offending party of the complaint and the consequences that might follow if the noise continues.
4. Mediation and Resolution
If the noise persists, the strata manager may firstly attempt to mediate between the parties to find an amicable solution.
Section 47 of the Strata Titles Act 1985, however, gives the strata manager the authority to issue a formal notice to abide by the bylaws if mediation is unsuccessful. The particular bylaw that is being violated, the specifics of the complaint and the actions necessary to address the problem should all be included in this notice.
5. Escalation
If the offender ignores the formal notice and continues to make a disturbance, the strata company can then apply to the State Administrative Tribunal (SAT) for enforcement orders. While the strata manager doesn’t have the authority to issue sanctions, SAT does.
In the case of serious noise disturbances, especially those caused by parties, loud music or machinery, the strata manager can report these to the environmental health officers of the local council or, in cases where there are public disturbances, the police. These authorities have the power to take further action.
6. Keep Track of Everything
It’s crucial to keep detailed records of all complaints, communications, actions taken and outcomes from all parties involved. This evidence will help ensure transparency and legal compliance, and could prove indispensable should there be tribunal hearings.
Following these steps can ensure that your complaint is taken seriously and handled properly under the law.
If you are looking for a strata company in Perth to keep your strata development running smoothly, then Strata Manager Finder can help you find the right team to suit your needs. Get a free quote today.
