Strata Not Taking Action, affecting sleep!

kmish on 03/08/2018 - 15:25
Last edited 03/08/2018 - 15:27

Hi,

I'm a renter on level 1 of an apartment block, and after we moved in we realised that the communal garage is right under our bedroom. This is a machine from the 1990's, and every time someone opens the door, it sounds like someone's thrown a large rock at a metal pot and continued to scratch the pot for the whole duration of the garage coming up, then the whole thing again when going down.

I have informed the real estate agency that this is affecting our sleep (late night & early mornings) and they have spoken to the owner, who has sent 2 letters to strata and apparently spoken on the phone to them multiple times as well.

We have not heard anything from the strata committee about this yet (our first complaint was 6 weeks ago). Apparently at the AGM last year, our neighbour offered to fix the garage out of his own pocket, which was rejected as they don't want people paying for communal repairs.

How long does strata have to fix something that is affecting a renters quality of life?

Please don't suggest leaving the rental as I'm already considering that, but I'm in a 12 month contract and the owner seems to be actually helping.

Edit - The owner apparently bought the apartment shortly before we moved in. He's asked about calling a meeting of the owners committee and was asked to pay a $170 fee to organise the meeting. He forwarded the email to us, I'm guessing as a "if you want it, you'll have to pay for it" kinda way.

Home & Garden Apartment Garage Repair Strata

Comments

  • o53djz7qTPY4der on 03/08/2018 - 15:28
    -3

    Ear plugs?

    • kmish on 03/08/2018 - 15:31

      Tried those. Even tried noise cancelling headphones (can't sleep with these on). Issue is we can feel the friggin' thing vibrate through the floor!

  • Zedsdeadbabyzedsdead on 03/08/2018 - 15:34
    +4

    "Please don't suggest leaving the rental as I'm already considering that"

    Leaving looks like the best option on the table.

    • kmish on 03/08/2018 - 15:38

      Issue is, it's a 12 month contract and breaking the lease will have fees attached to it (that I'm trying to avoid I'm a OzBargain-er afterall!).

      • Zedsdeadbabyzedsdead on 03/08/2018 - 16:35
        +1

        Perhaps negotiate then?

      • djkelly69 on 03/08/2018 - 16:37
        +23

        Not if the property is uninhabitable (ie. there is a major issue that is affecting your reasonable use and enjoyment of the property).

        This is really the owner's problem not yours (in a legal sense). He is arguably not providing you with what you are paying for in regard to your tenancy, so he needs to sort it out.

        • Iamnotcheap on 03/08/2018 - 21:21
          +2

          This!

        • mgsydney on 04/08/2018 - 10:45

          Agreed - I would say well within grounds to exit early.

        • Love a bargain on 07/08/2018 - 13:17

          Could the landlord have argued that that is something OP should have noticed at the inspection?

  • John Kimble on 03/08/2018 - 15:42

    How long does strata have to fix something that is affecting a renters quality of life?

    As long as they want. The place we bought had remedial works postponed for about 10 years because the motion kept getting defeated? at the AGM…we finally voted for it when we bought.

    Does it need to go to an AGM or extraordinary meeting though? Shouldn't the executive committee be able to vote on it?

    • kmish on 03/08/2018 - 15:48

      I didn't even know that there might be a separate executive committee… Where can I find out more about this? We were told "the cost of the extra ordinary meeting will cost $176, keeping in mind you may not get approval." AGM's are held in March for this building and I don't think I can wait 7 months for that.

      • John Kimble on 03/08/2018 - 15:54
        +1

        https://www.fairtrading.nsw.gov.au/housing-and-property/stra…

        Dunno how you would get more specific info as a tenant, unless you find out the strata plan number and contact the strata management company directly…but they might not disclose anything to you as you are not an owner anyway.

        Our EC can make certain decisions under a specified dollar threshold and via email (if needed). Not sure if that is the same in all stratas

        • kmish on 03/08/2018 - 15:57

          Thanks for that. I know the company and the manager as they sent us a notice about a month ago to perform some checks on the building. I haven't contacted him directly yet, the owner is willing for me to be his proxy at the AGM but not sure how much that'll hold if I call the strata manager with that authority.

          I'll call the strata manager and fair-trading over the weekend / next week and ask about EC.

    • [Deactivated] on 03/08/2018 - 22:31

      The strata is legally required to maintain the building, regular maintence does not have to go an AGM. Have you considered buying can of WD40 and going to town on the door?

      To be honest though sounds like they are not going to get anything done and as a tennant you really have very little power to force this issue. I would be investigating how you could get out of the lease and be putting this in writing to your landlord (it would give him something to take to the strata). Perhaps also contact your local council to get some sort of noise complaint raised with them (they probably wont want to get involved either and will say it's a strata issue but try and force them to act on a noise complaint)

  • try2bhelpful on 03/08/2018 - 15:48

    https://www.tuv.org.au/

    Go talk to this mob. They should be able to give you the best advice.

  • R-Man on 03/08/2018 - 15:49

    Is there any chance of getting out of your lease early? On the grounds of:
    a) a major fault/repair needed or
    b) disruption of your 'quiet enjoyment' of the premises?

    • kmish on 03/08/2018 - 15:54

      I'm guessing "a) a major fault/repair needed" is probably my best bet. I've never had to break a lease before, so not sure how to go about it.

      • HighAndDry on 03/08/2018 - 15:59
        +1

        Nope - that'd have to be with the property or part of the property you're renting. This is akin to there being loud traffic on the road in front of your property, it's not really within the power of the landlord to fix.

        • kmish on 03/08/2018 - 16:57

          Even if we feel the vibration from the bloody thing?

        • HighAndDry on 03/08/2018 - 17:18
          +1

          @kmish: There's a few levels here which complicates things.

          First - the landlord has to provide you with a property in a livable condition (in general terms). There isn't anything wrong with the property itself, and the garage door works - it just makes a racket. Problem though, is that the noise/vibrations are only an issue when it happens within set times (late night, early mornings, etc). In a way, that's the same as if you have a neighbour upstairs who's breaking noise regs - the landlord isn't really responsible.

          Secondly though - the strata owners. They're responsible for maintenance of the common property and for basically enforcing by-laws, including as to noise and quiet enjoyment. This is a little grayer, but it's arguable that the garage door is broken to the point where it needs maintenance, and that would be something for the owner to pursue. If they've already pursued it as best they can, and the strata owners are balking, then again, there's very little you can hold against the landlord.

          I'd just keep contacting the strata managers, anyone on the strata exec committee you know of, and agitate for it to be fixed.

  • Ryanek on 03/08/2018 - 15:50
    +20

    I will not recommend sabotage and thus forcing strata to fix/replace the garage door, because it's not ethical.

    • John Kimble on 03/08/2018 - 15:55

      Didn't go well for Roger Dean…

    • HighAndDry on 03/08/2018 - 15:58

      Before OP took the concerns to strata, the neighbour, etc, maybe. Now though? Eh, too obvious.

    • Wallyt99 on 05/08/2018 - 09:25

      I agree this is a good strategy if the strata won’t play ball. Ideally if you can start switching the power off to the door each night…. then people will get frustrated but it’s not criminal damage.

  • HighAndDry on 03/08/2018 - 15:56
    +2

    The owner apparently bought the apartment shortly before we moved in. He's asked about calling a meeting of the owners committee and was asked to pay a $170 fee to organise the meeting. He forwarded the email to us, I'm guessing as a "if you want it, you'll have to pay for it" kinda way.

    Seems fair enough. There's really no obligation on anyone involved to fix it unfortunately.

    Have you tried just unloading a can of WD40 at it? That seems to solve a surprisingly number of issues with moving parts. Just shake, point, and hold down the nozzle at any part of the door that touches any other part, and any part that moves or should move. It's like a $12 investment, which is cheaper than any other potential option at this point.

    • kmish on 03/08/2018 - 15:58

      Haha thanks man. Yes I already tried it. It fixed the screeching part of the noise for about 1.5 weeks, but the cold starting is still an issue. I think its just old machinery that just needs to be replaced. I'll post a photo of it tonight so you guys can see what it looks like

      • HighAndDry on 03/08/2018 - 16:09
        +4

        Yeah, a picture might help, we have a number of enterprising individuals here. Also people with various skills and specializations (not me though).

        Also, this:

        Apparently at the AGM last year, our neighbour offered to fix the garage out of his own pocket, which was rejected as they don't want people paying for communal repairs.

        is asinine. Any strata corp would jump on that kind of offer. Who's the strata managers? Tell'em a bloke on OzBargain says they're morons.

        Desperation Option:

        Is it a small block and how many of the owners actually live there? You could try to contact all the owners, or just the members of the strata committee if you know who they are (should be on the last AGM minutes), and standard strata by-laws usually allow for resolutions of the owners, or of the strata committee, to be passed by a circular letter if it's unanimous. No need for a meeting.

  • Presence on 03/08/2018 - 16:27
    +8

    WD40 is not a lubricant and won't help. You need oil or grease.

    • mshanann on 03/08/2018 - 17:24
      +5

      Yeah I would try grease as well - costs about 10$ from supercheap.

      See if you can pinpoint where the noise is coming from, and if metal on metal, apply a heap of grease.

    • Cartman2530 on 05/08/2018 - 14:04

      Actually WD40 is a lubricant, but thats not the point, what I think you are trying to say is that you need grease which will cling to the moving parts for a longer time. Oil will do the same as WD40, work for a little bit and you'll need to reapply it again.

      What would happen if the door suddenly and mysteriously stopped working….sure the strata would have to take action then?

  • thatonethere on 03/08/2018 - 17:08
    +4

    It would be terrible if something happened to the motor… (kidding)

  • knobbs on 03/08/2018 - 17:16
    +1

    6 weeks? Come back when body corp haven't replied for 6 months and you will feel my pain…

  • Youfah Mizzum on 03/08/2018 - 17:48
    +1

    https://forums.whirlpool.net.au/forum-replies.cfm?t=2743648

    Not sure how big the door is, but I had a full replacement of my automatic garage door opener which included the motor, the runner & full adjustment for $700.
    The thing is whisper quiet.
    See if the owner can organise a few quotes then you (or owner) can approach strata with the quotes & see what gives.

    Posts like this make me glad I never bought a unit.

    • kmish on 06/08/2018 - 12:22

      Yea man, thats me too! haha thought i'd share it on both forums to see what people think.

    • kmish on 06/08/2018 - 13:36

      Also, would this be held against the Owner or the Strata / OC?

  • chumlee on 03/08/2018 - 18:21
    +1

    Now you know why the apartment was available for rent

  • GourmetFoodie on 03/08/2018 - 18:49
    +1

    You have to leave or resort to ear plugs.

    It's a common issue in all apoartment buildings. Even if it's a new door. Never pick the apartment near the garage!

    • [Deactivated] on 04/08/2018 - 15:13

      or the gate. I had a gate that vibrated as it opened, it wasn't really annoying but I was right by the gate so it bothered me a little, I did get it fixed in the end.

  • Scot on 03/08/2018 - 19:23
    +2

    What about Silicon spray- amazing stuff!
    https://www.naturalhandyman.com/iip/infxtra/infsil.html!

  • Randxyz123 on 03/08/2018 - 20:36
    +1

    He's asked about calling a meeting of the owners committee and was asked to pay a $170 fee to organise the meeting. He forwarded the email to us, I'm guessing as a "if you want it, you'll have to pay for it" kinda way.

    Tell him you'll go halfies with him.

  • bluetongue on 04/08/2018 - 07:47
    +1

    Fair Trading help line is a good starting point. The people you speak to have a very good understanding of strata law. The model by-laws protect you from noise made by other lot owners but as the noise is coming from common property, the law is less difficult to apply "6 Noise - An owner or occupier of a lot, or any invitee of an owner or occupier of a lot, must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property." Usually, your action would be against your landlord for not providing you with premises offering peaceful enjoyment, and then your landlord would cross claim against the Owners Corporation at NCAT as long as a good document trail with your complaints and your landlord's requests to the SC was kept as evidence for a NCAT hearing. Fair Trading will advise you of your options. You can also post to lawanswers.com.au where solicitors (and others) may provide you with good responses to your post in the Property Law forum.

  • jacross on 04/08/2018 - 09:18
    +1

    As an owner in a strata I find it a very slow process to get anything done.

    Your strata sounds very painful.

    At least youve got a good owner but…good luck.

  • [Deactivated] on 04/08/2018 - 11:06

    I was in the first floor of an apartment block once. Worked out we backed on to the alleyway with the dumpster there - truck came several times a week about 5 am to empty it.

    That was a long 10 months, ended up getting out of the lease a bit early on a technicality.

    • Cartman2530 on 05/08/2018 - 14:08

      Thats nothing, I once lived in a townhouse that backed onto the rail line, i expected the noise of trains but was totally unprepared for the 2am coal train going past that blew its horn when it was level with our place! This happened about the 5th night in so not expecting it. Then it happened every second night.

      Funnily enough, I got used to it and it didn't bother me after a month.

  • Pumpkin_rrr on 04/08/2018 - 16:00
    +1

    If you dont mind moving-out, you should be able to use the provision of inhabitable etc.

    But if you prefer to stay, try talk to the Onsite Manager if you have one, or any regular maintenance guy that comes to the Complex.
    Often I find it's much easier to talk face-to-face and Tradies or Maintenance people are generally more practical and approachable that Strata.

    I empathise with you.

  • abear on 04/08/2018 - 17:39
    +1

    I am on a strata committee.
    For minor matters as above, the committee contacts each other via email and if approved we forward the consenting email to the Strata Manager for them to take action.
    There is no need to call a meeting for a noisy garage door repair

  • [Deactivated] on 04/08/2018 - 18:15
    +4

    Get a noise abatement notice issued. This will force them to fix it as a priority. First write to them stating you will be applying for a noise abatement notice to be issued if the noise is not rectified in 7 days put in the email that you will also be seeking costs. Ignore their bullshit excuses as to why they cant fix it and apply for the notice if they don't fix it.

    https://www.epa.nsw.gov.au/your-environment/noise/neighbourh…

    • kmish on 06/08/2018 - 12:25

      Thanks man, this is really helpful. I'll get onto this too.

  • srhardy on 04/08/2018 - 18:59
    +2

    fkitup… be careful how you decide to do it but make it so it HAS to be replaced and not repaired

    • Wallyt99 on 05/08/2018 - 09:29
      +2

      I reckon if you can get the door to damage your car that’s a win… then you get a free respray and get your door fixed.

    • srhardy on 07/08/2018 - 08:55
      +1

      After listening to your clip I’d try

      1) lots of Greece, lots and lots & lots… it will also need to be reapplied often

      The problem is it’s design and installation onto the beam that’s attached to your floor, nothing you can do about that and even a new door, if it’s the same design & install would be minimally better initially but would be just as noisy as dust and use wore its lubricants out.

      Move, live with it - only choices

  • andyholloway on 05/08/2018 - 15:31

    I saw someone mention wd40 to fix it. What about a hammer to break it properly, that should make it a higher priority for strata.

    • andyholloway on 05/08/2018 - 15:31

      Just seen someone else mentioned this just before me.

      • kmish on 06/08/2018 - 12:25

        Yea, apparently grease is the way to go!

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