Late on Friday night I arrived home to find that the Unit on the top floor of my complex had a lot of laughter, talking, singing, loud music and swearing coming from it. They must be celebrating something special to be this noisy. I let it slide, normally in the complex we do not have this kind of behavior happening, considering the 20-something age group of most residents.
The music went on until 3 am Saturday morning. I was disturbed by the noise and also I hadn’t arrived home until 1:30 am myself. It was my own fault that I did not get enough sleep Friday night, I knew I had a breakfast catch up with Daniel Saturday morning and would need to get up around 8 am to get ready.
Saturday I was just a little tired and hung over. I really enjoyed my day catching up with heaps of friends at Chermside shops and Stones Corner, also later that night at Ahmets for dinner. After arriving home from dinner around 10:30 pm the same unit upstairs had its music roaring even louder, guests singing to every song – Grease Lighting comes to mind. I was becoming irritable, super tired and angry. So I called the police at 11pm, I knew if tonight was going to be a repeat performance that this noise would continue until at least 3 am Sunday morning. The lovely guy on the phone took my details and explained that they were quiet busy.
Midnight came around and I was becoming pretty aggressive. I gave the police until 1 am to show up. Nothing. I hoped back on the phone to the police and lodged a further complaint, the lady reminded me that tonight was quiet a busy night. I explained to the lady that my ex boyfriend is a Policeman and I understand they’re busy, could they please understand I’m exhausted and sleepy. Having a bit of a laugh I said thank you and hung up.
Posting comments on Facebook about the noise issue brought some funny entertaining results. From people offering me a bed to sleep in, to bragging about how quiet their suburb was, my favourite comment to my status – “head outside with a wooden spoon and sauce pan and bang on it until they’re out-noised, that will show em!”. Good Idea Louise!
At this point of the early morning my body could not stay awake any longer. I decided to try rolling over and going to sleep. Noise. It seems that the later the night proceeded the more noisy these party people became. I could also hear banging, like a broom stick hitting the roof. Now I believe the Unit above mine and below the noisy Unit was getting very angry about the excessive loud noise.
3 am rolled around and I found I may have drifted off to sleep on a few occasions only to be woken up by banging or further loud music and singing. Again calling the police and reiterated how much I need sleep, I even told them a white lie and said I was a shift worker. The police never came, and my sleep was never had as I had organized breakfast with a friend at Ascot.
Monday morning came around, I went to work in a very cranky mood. During my morning tea and lunch breaks I drafted a letter to the owners and tenants of the complex. Having had some past experiences working alongside body corporate rules, tenants, and property I knew exactly what to write professionally as shown below:-
“Dear Owners and Tenants,
Over the weekend of the 2nd to 4th of July 2010, there was excessive noise, music, talking, loud singing and swearing coming from one particular Unit in the complex.
Please be reminded that we live in a Body Corporate where we have By-Laws to live by. As Tenants and Owners we have signed these By-Laws and agreed to their terms and conditions regarding noise in the complex, a Standard Body Corporate Noise By-Laws is shown below:-
1. An owner or occupier of a Lot or their guests or agents shall not make or permit any noise likely to interfere in any way with the peaceful enjoyment of other owners or occupiers of Lots or of any person lawfully using the Common Property. In particular, no owner or occupier of a Lot shall hold or permit to be held any social gathering in their Lot which would cause any noise which unlawfully interferes with the peace and quietness of any other owner or occupier of a Lot, at any time of day or night and in particular shall comply in all respects with the Noise Abatement Act 1979 and the Environmental Protection (Noise) Policy 1997, as amended.
2. In the event of any unavoidable noise in a Lot at any time, the owner or occupier thereof shall take all practical means to minimise annoyance to other owners or occupiers of Lots by closing all doors, windows and curtains of their Lot and also take such further steps as may be within their power for the same purpose.
3. An owner or occupier of a Lot shall not play any musical instrument, use any musical instrument, use any radio, stereo, television set, computer, electrical or mechanical device in such a manner that will cause any noise likely to interfere in any way with the peaceful enjoyment of other owners or occupiers of Lots or any person lawfully using the Common Property.”
By-Laws also apply to Tenants and Owners Guest, as stated below:-
“Behaviour of invitees
An occupier of a lot must take reasonable steps to ensure that the occupier’s invitees do not behave in a way likely to interfere with the peaceful enjoyment of another lot or someone else’s peaceful enjoyment of the common property.”
If any Tenant or Owner finds that we are having any further issues with noise coming from any Unit in the complex please contact the Police Communications to lodge a noise complaint with them on #### ####. Furthermore, if the noise issues continue a formal complaint will be lodged with the Body Corporate itself.
Thank you for your time.
Occupier of Unit”
My formal letter of warning to all tenants may seem outrageous, but I would never display such behavior in the complex and I would expect the same letter to show up in my letter box if I had disturbed the peaceful enjoyment of someone else.
Mars on Life.