What can my Owners Corporation do about neighbour noise and smoking issues?
Harmony within a Strata community doesn’t happen by accident. It’s the result of proactive management, mutual respect, and clearly defined processes. Two of the most common disruptions we see at ASM Strata Management are noise complaints and problems arising from smoke drift. These challenges can strain neighbourly relations, particularly in strata communities where residents live in closer proximity. However, they can be addressed in a way that prevents ongoing conflict.
Here’s how Owners Corporations (OC) and residents can address these concerns thoughtfully and effectively.
Tackling Noise Complaints in Your OC
Whether it’s loud music, barking dogs, or ongoing renovations, excessive noise can have a real impact on residents’ wellbeing. Under the OC’s by-lawshttps://www.consumer.vic.gov.au/housing/owners-corporations/rules/model-rules adopted by many Owners Corporations in NSW, residents must not make noise that is likely to interfere with the peaceful enjoyment of another lot or common property.
If you’re experiencing disruptive noise, here’s a step-by-step guide to resolving it:
- Document the Disturbance
Start by keeping a detailed log. Note the date, time, duration, and type of noise. Recordings or written statements from others can also support your case. This will also help you assess if it’s a recurring issue that will need to be managed, or a once-off occurrence.
- Approach the Resident(If Comfortable)
Sometimes a friendly word can solve the issue. The person may not even realise the noise is affecting others. If you’re unsure or feel unsafe, this step can (and should) be avoided, however, under most circumstances the issue can be addressed at this point without escalation.
- Report to Your OC
If you do need to escalate the matter, submit a written complaint to your Owners Corporation via your Strata Managing Agent. Include your noise log, any supporting evidence, and note any steps you’ve already taken.
After submitting, your ASM Strata Specialist will liaise with the Owners Corporation or its Committee and relevant parties. If the issue can’t be resolved through discussion, the OC may resolve to issue a notice to comply, in accordance with the owners corporations’ governing legislation.
In cases where this doesn’t resolve the situation, further steps, including applying to Fair Trading mediation services, can be considered. For ongoing or extreme cases, escalation to the NSW Civil and Administrative Tribunal (NCAT) may be necessary.
- Engage Local Authorities if Needed
If the noise relates to a one-off event like a party, NSW Police Force Community Portal can be contacted. For recurring issues like ongoing construction or nuisance dogs, your local council may intervene.
Smoke Drift: Understanding the Boundaries
Unlike noise, smoking has the added complexity of affecting both health and comfort. While smoking inside a private apartment is generally allowed, the right to smoke ends where another resident’s right to a smoke-free environment begins.
Under standard by-law 9, a resident must ensure smoke from their lot does not penetrate common property or other lots. This includes smoke drifting from balconies or windows.
If You’re Affected by Smoke Drift:
- Document everything: Keep a log, note health impacts, take photos if relevant.
- Approach the smoker (if safe to do so): A conversation can sometimes lead to a quick resolution.
- Submit a written complaint: Include your evidence and a request for formal action.
The OC may then enforce the by-law in accordance with Section 146 of the Strata Schemes Management Act 2015, potentially leading to a notice to comply being issued and making a penalty application for proceedings in NCAT if the matter remains unresolved.
Reference your relevant by-laws to find out what rules apply in your Owners Corporation. In some cases, an OC adopts a by-law that restricts smoking to designated areas of common property only, or that requires the resident to seek written approval first. In other cases, the OC adopts the by-law that bans smoking on any common property. .
A Fair and Proactive Approach
At ASM Strata Management, we understand that dealing with these types of disputes can be uncomfortable and frustrating. That’s why we prioritise clear communication and professional guidance. As your local strata management partner, our role is to help mediate these situations effectively and resolve issues before they escalate.
Our experienced Strata Managing Agents work closely with each of their strata committees to ensure by-laws are followed, all parties are heard, and decisions are made fairly. We also assist with:
- Issuing notices to comply according to your Owners Corporation’s delegations and/or decisions
- Assisting with referrals to mediation or NCAT where appropriate
- Advising committees on by-law changes to prevent recurring issues
- Managing reviews, and conducting meetings to register revised and new by-laws
Creating a Respectful Strata Community
Small to medium Owners Corporations, like the majority we serve across New South Wales, thrive when residents respect each other’s space and peace of mind. That’s why ASM Strata Management encourages a proactive and transparent approach to issues like noise and smoking.
If you’re experiencing ongoing disruption in your community, or want to know how your Owners Corporation can better manage these issues, reach out to your local ASM Strata Management branch. We’re here to support you with expert advice, responsive service, and a commitment to fostering harmonious strata living.