VCAT

nhd · Post by **nhd** » Thu May 07, 2009 5:03 pm

hello

as some may remember when i first moved into an apartment we had big issues with the neighbour below us playing excessivly loud music.....

anyway, so we have talked to body corporate who sent her a letter, we have had the police over a few times with them saying the next time they will fine her $600, but she still doesnt get it.

speaking with our realestate agent today she said there was a VCAT application with someone elses name with it, which we assume is our neighbours. Now whether its a form for someone else against her, or its hers....... (which doesnt make sense as she is an OWNER and why would she get a form through a renting realestate? i dont know)

sooooooo, we havnt had any complaints against us apart from hers to bodycorporate/realestate saying we walk to loud.

could she take us to VCAT for any forseeable reason ?
just wondering.

deviant · Post by **deviant** » Thu May 07, 2009 5:40 pm

you can't be taken to VCAT unless there is a matter already against you (as far as I know)... So, it looks like they've been issued a fine and have opted to appeal it at VCAT... Dunno, but that's what it looks like to me.

ulyssian · Post by **ulyssian** » Thu May 07, 2009 5:48 pm

like DVNT said......

and walking too loud is not really disturbing peace, quiet enjoyment etc......
that's what ya get for being below!
I think the body corp might have breached or VCATted her maybe... if there has been a few complaints. Is your agent the body corp?

nhd · Post by **nhd** » Thu May 07, 2009 6:05 pm

back story is when we talked to body corp about her they said they were allready in the process with other complaints against her...they suggested vcat to us.....but we havnt dont anything yet.

whats breached ?

yeah all she has on us is walking and "dropping things"....people above us are guilty as charged of that too!
really need to record her banging her cealing at 7am most mornings in an attempt to wake us up....

ulyssian · Post by **ulyssian** » Thu May 07, 2009 6:21 pm

the body corp sets out a list of things owners and tenants can and can't do... sort of like in a lease but different... ie no pets... attaching fixtures, renos, behavior, parking etc. etc... there would be something in the docs about behavior, noise blah blah. i imagine. so then once they have received complaints from others, not sure what their grievance process is.

wouldn't bother with VCATting her yoself unless there is some sort of financial gain for you.. VCAT would prob fine her or impose restrictions but then she would just get a whole lot nastier in other ways maybe... just keep ringing the jacks.

FoundationStepper · Post by **FoundationStepper** » Thu May 07, 2009 9:09 pm

There are a couple of bits of legislation at play here.

The cops coming round and threatening to fine her is section 48A of the Environment Protection Act 1970 (EP Act). This is for causing unreasonable noise from residential premises and applies across victoria, to all homes and apartments.

Her complaint against you could be bought up as unreasonable noise under the EP Act, but its not likely to get up with police or a council officer, (or the unlikely event of bringing it to magistrates court (not VCAT)), as although the noise might disturb her or interfere with her peaceful enjoyment, its possibly more down to apartment design than unreasonable actions on your part.

I don't want to be unequivocal on this though - for example if you practice swing dancing with full knowledge that the floor passes the sound through. I think I've said before also, although you might not be unreasonable it doesn't stop you from good will measures such as putting down a carpet runner or rubber bits on the chair legs etc.

Owners corporations (current term for bodies corporate) may also have rules regarding noise in addition to the EP Act. In fact, there are model rules in place which act as a default if they don't set specific conditions. The one for noise states:

5.2 Noise and other nuisance control
(1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably
create any noise likely to interfere with the peaceful enjoyment of any other person entitled to
use the common property.
(2) Subrule (1) does not apply to the making of a noise if the owners corporation has given written
permission for the noise to be made.

(BTW the owners corporation cant give permission to make noise in contravention of state law, such as allowing noisy stereos at 12am.)

An intertenancy complaint (owner or occupier) can be bought through the owners corporation, and there are also default requirements for dispute resolution. It basically requires things to be reasonably attempted through the OC before being bought to consumer affairs or VCAT, and obligates the OC to take action. It is my understanding Consumer Affairs can choose not to progress conciliation, if attempts to resolve through OC are not made initially. I dont know if its the same with VCAT

See here: http://www.consumer.vic.gov.au/CA256EB5 ... s~#dispute

So in short I dont imagine that is action from her against you, and if it is, I'm not sure there is anything to worry about.

nhd · Post by **nhd** » Thu May 07, 2009 11:41 pm

thanks for the response lads

no we dont practice 2-step on the floorboards, we have carpet in the major walk ways and have put rubber caps on our chairs!
she's just RUDE!

i believe other people are taking action against her for reasons unknown to me....hmm will see how this plays out

FoundationStepper · Post by **FoundationStepper** » Fri May 08, 2009 8:27 am

not suggesting that your doing the wrong thing, I just have to be balanced in my advice because this sort of thing is my dayjob too

autumnleaves · Post by **autumnleaves** » Fri May 08, 2009 9:24 am

what do you do FS?

deviant · Post by **deviant** » Fri May 08, 2009 9:37 am

autumnleaves wrote:what do you do FS?

I believe the term is "ffs"

FoundationStepper · Post by **FoundationStepper** » Fri May 08, 2009 10:06 am

I am a noise policy specialist in gvt

ghetto kitty · Post by **ghetto kitty** » Fri May 08, 2009 10:14 am

thats fucking great.

and you play loud choons.

FoundationStepper · Post by **FoundationStepper** » Fri May 08, 2009 10:16 am

and breakcore and noise when it suits me!

ghetto kitty · Post by **ghetto kitty** » Fri May 08, 2009 10:17 am

I see you is playin at a gig soon at libs, Goth trad is it?

god that would be a great gig, wish i was here, but ill be os, and I have never heard you play too!

FoundationStepper · Post by **FoundationStepper** » Fri May 08, 2009 10:24 am

lol thats news to me!

playing next week here though: http://melbournebeats.com/forum/viewtop ... 76#p536476

ghetto kitty · Post by **ghetto kitty** » Fri May 08, 2009 10:33 am

hang on, it might be fooishbar.

Post by **fooishbar** » Fri May 08, 2009 10:52 am

ghetto kitty · Post by **ghetto kitty** » Fri May 08, 2009 10:54 am

oh hai fooooooo

Post by **fooishbar** » Fri May 08, 2009 10:55 am

nic · Post by **nic** » Fri May 08, 2009 11:03 am

i reckon a goog old heart to heart / face to face will fix things up.

be sure to look her / it directly in the eyes, speak slowly and slip in some sentences from that GI JOE public service announcements thing for good measure.

this should show her / it you are for cereal and a bit unhinged.

Post by **breaksRbest** » Fri May 08, 2009 12:13 pm

nhd wrote:really need to record her banging her cealing at 7am most mornings in an attempt to wake us up....

what the absolute FUCK?

that's grounds for murder

Melbourne Beats

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