6 Common Strata Complaints and How to Handle Them

Increasingly, Australians are buying into apartment buildings that are governed by a strata. There are real advantages to this; in a strata managed building you’ll get a body corporate managing the building and a set of rules and regulations that everyone agrees to, so that people can share the building complex comfortably.

At the same time, there will be instances where there are complaints, and in such circumstances it’s vital to understand where you stand with strata, and how to resolve any concerns before they snowball into a serious conflict. In general, having positive interactions and developing a relationship with the strata management company – and being sure to attend meetings and be part of the community – is important to ensure that when issues do arise, they can be resolved in a way that is amicable for all parties. Below are some of the most common issues that cause problems in strata managed properties, and advice on how to handle them.

1. Parties and loud noise

It’s actually against the law to disturb the sleep of others around you, and this applies to apartment living as well. If you or your tenant have a complaint about the noise of a neighbour, you can call the police for this reason, though that can create further conflict and should be a last resort. Each state has specific laws regarding residential noise restrictions, so before lodging a complaint, be sure to do your research to gauge whether the noise is actually occurring at prohibited times.

Alternatively, the strata manager or owner’s corporation – the group that manages the strata – can issue your neighbour with a compliance notice, if they’re not paying attention to your direct (be friendly!) requests to keep the noise down.

And if you’re planning a party of your own, good etiquette is to let the neighbours know via a note, with the promise that the party will wrap up by a reasonable time. Your neighbours will appreciate the gesture and help you avoid tension with your strata managers.

2. Loud floorboards

Wooden, uncovered floors are a great look and a lot of people prefer them, but they also can create a lot of noise for downstairs neighbours when people walk over them. If the noise is significant enough to disturb your quality of life, then the owners corporation can force the other person to cover the floor with a carpet or rug, and vice versa. For older apartment buildings that aren’t good at blocking noise from one apartment to another, this is a fairly common issue.

If the floorboards in question are a recent installation, there should be regulations in the building’s by-laws about the amount of padding required underneath the floors to minimise noise pollution. If the noise is bothering you personally, try approaching your neighbour in a friendly, open way and suggest a solution such as laying a rug or hallway runner. If this isn’t resolved then the owners corporation or strata manager will need to be contacted.

3. Parking issues

Car parking spaces are a premium in apartment buildings. When someone is using the visitor’s parking spot or common property to store a second car, parking in someone else’s spot, or parking at all when their apartment hasn’t got an allocated car park, the owners corporation can be called in to deal with the issue. In some cases it’s okay for residents to park in visitor parking, provided it’s not interfering with guests who need the spots. Be sure to check with the owners corporation as to what the rules are for your particular building.

4. Pet rules

It’s ultimately up to the owners corporation on whether to allow pets in the building or not, and that will generally be agreed on as a building-wide policy by the owners of the apartments. You may need written permission to keep a pet on the premises, and it’s important that the owners corporation comes up with a set of rules that applies to all animals. If you notice an animal in a pet-prohibited building, contact the owners corporation.

In the case where pets are allowed, there are still restrictions around pets disrupting a neighbour’s quiet enjoyment of their property. If a dog in the building is barking excessively and disturbing the neighbours, the body corporate can still take action.

5. Renovations and improvements

Once you’re comfortable in a place, you’re probably going to see areas where you want to improve  – whether to make it more attractive to you, or more comfortable to live in. It might be a no-brainer to install an air conditioner, for example, but what you need to know is that you’ll actually need special permission to make any modifications to the property itself – not just permission from your landlord (if you’re renting), but strata as well, whether you rent or own the property.

Each state has time regulations around noisy construction, but generally renovation work should be limited to between 8am – 8pm Monday to Saturday, and 9am – 8pm Sundays. Renovations are inherently loud, but good building practices should keep noise minimised.

6. Smoking laws

Lot owners who smoke generally prefer to do so outdoors now, to keep the smell of smoke off their own properties, out of their furniture, clothes, and so on. In apartment buildings, that generally means that people like to smoke on their balconies. The problem with this is that the smoke can then drift over to another person’s property and they may well be bothered with the second-hand smoke. It may be possible for by-laws to be passed to control where people are allowed to smoke – or even ban smoking entirely, so if this is a bother to you, you can petition the owners corporation over it.

Always approach issues with respect and professionalism

With respect to conflicts between two tenants or strata owners within the apartment block, the best advice for resolution is to always encourage them to discuss their issues privately first. The next step is to go to the strata manager, who can come to a determination from the strata by-laws on what resolution there should be.

Having a discussion with the body corporate, for example, at the annual general meeting, can lead to resolution, or exceptions being made. If you’re unhappy with this you can seek further mediation, or you can start petitioning for a change in the by-laws or strata articles. As with all forms of conflict resolution, however, approaching the issue with respect and professionalism is the best way to get a result that all parties are happy with.

For advice regarding strata compliance, by-laws, maintenance, or anything in between, contact us at Strata Data. We have a dedicated team of strata-savvy professionals who specialise in complaints and resolution and are always happy to help.