09/04/2021
PARTIES AND UNRULY BEHAVIOUR
Most of us want quiet enjoyment of our properties, but are we entitled to it at all times? Unfortunately, the right to peace and quiet 24/7 is a misconception and unrealistic. We must be willing to adopt a ‘give and take’ approach if we’re going to be fair to everybody.
Ordinary living will cause inconvenience to neighbours at times, there’s no law against that, but the law does prevent residents using their lot or common property in a way that causes a nuisance or interfering unreasonably with others.
What is unreasonable? A good rule of thumb is that if most neighbours agree a resident is being a nuisance, it’s probably true.
So what can you do?
1. If noise carries on until late into the night or there is concern for damage to property or people - call the police.
2. Document the details: who, what, when and where, every time it happens. Create an ongoing record.
3. Body corporates cannot evict an unruly occupier, but they can adopt by-laws that give them more tools to address the issue. This can include a by-law requiring owners to take steps to ensure their tenant complies with the by-laws by issuing notices to remedy breaches or ending the tenancy.
We all have a responsibility to make strata living work. By all means, enjoy your music, have friends around and enjoy yourself, but be reasonable about volume, when you do it, where you do it and how long you do it for. Most people can tolerate a bit of noise when it’s done respectfully.