The Noisy Neighbour – A Common Strata Complaint

Overview
Noise complaints are among the most frequent and emotionally charged issues in strata living. Whether it’s loud music, stomping, or late-night parties, these disputes often land with the strata committee. This case study explores how one committee handled a noise complaint involving a resident, using both informal and formal procedures under the Strata Schemes Management Act 2015 (NSW), with guidance from Bettr Strata.

The Complaint

In a multi-storey strata scheme in NSW, residents in Lot 12 began reporting persistent noise from the unit adjacent – Lot 13. The complaints included loud footsteps, furniture dragging, and amplified music during quiet hours. The affected residents submitted written complaints to the strata manager, citing breaches of the scheme’s noise by-laws.

Committee Response: Informal First

Following the guidance in our Formally Resolving Complaints and Disputes operating procedure, the committee authorised the strata manager to initiate a neighbourly conversation with the resident of Lot 13. The manager approached the issue with empathy, explaining the impact on neighbours and suggesting behavioural adjustments.

The resident was initially defensive, claiming the complaints were exaggerated and that they were simply living normally. No changes were made, and the complaints continued.

Formal Enforcement: Legal Procedures

With informal efforts exhausted, the committee turned to formal enforcement under the Strata Schemes Management Act 2015 (NSW). The process included the following steps:

🔹 Section 9 – Duty to Enforce By-Laws

“The owners corporation for a strata scheme has the principal responsibility for the management of the scheme.”

This section places a legal obligation on the owners corporation to enforce the by-laws of the scheme. Committees cannot ignore valid complaints or delay action indefinitely.

🔹 Step 1: Issue a By-Law Breach Letter

Before issuing a formal notice, the strata manager under instruction from the Secretary, issued a by-law breach letter. This letter:

Advised the resident of the alleged breach.
Referenced the specific by-law.
Described the nature, timing, and impact of the breach.
Requested voluntary compliance within a reasonable timeframe.
Notified the resident that further action may follow if the issue was not resolved.

This step demonstrated good faith and procedural fairness and often, but not always, resolves issues without escalation.

🔹 Step 2: Committee Resolution

When the breach continued, the committee formally resolved to issue a Notice to Comply under Section 146. A briefing package was prepared, including:

A description of the breach.
Supporting evidence (e.g. logs, recordings).
Timeline of events.
Draft notice for committee review.

🔹 Step 3: Issue the Notice to Comply

The notice:

Was issued in writing.
Specified the by-law breached.
Detailed when and how the breach occurred.
Outlined what must be done to fix the breach.
Provided a reasonable timeframe for compliance.
Explained potential consequences if ignored.

🔹 Step 4: Tribunal Enforcement

If the resident failed to comply, the owners corporation could apply to the NSW Civil and Administrative Tribunal (NCAT) for an order and penalty. NCAT can impose fines of up to $1,100 for a first offence, and $2,200 for repeat offences.

Sample By-Law Breach Letter

Subject: Alleged Breach of Noise By-Law – Lot 13

Dear [Resident Name],

We are writing to inform you of a potential breach of the strata scheme’s by-laws regarding noise.

Several residents have reported excessive noise from your lot, including [describe specific behaviours, e.g. loud music, furniture dragging, etc.], occurring during quiet hours.

This may constitute a breach of By-Law [insert number], which requires all residents to refrain from making noise that interferes with the peaceful enjoyment of others.

We kindly ask that you take steps to address this issue within the next 7 days. If the matter is not resolved, the committee may consider issuing a formal Notice to Comply.

We appreciate your cooperation.

Sincerely,

[Strata Manager Name]
On behalf of the Owners Corporation

Note: A copy of the by-law that is alleged to have been breached should be appended to your letter/notice.

Committee Feedback

“We were unsure how to proceed with the noise complaints, but JM guided us through every step, from informal outreach to formal enforcement. JM’s clarity, professionalism, and responsiveness made a difficult situation manageable. We’re grateful for their support and would JM and Bettr Strata to any committee navigating similar challenges.”

– Susan, Secretary

Resident Appreciation

After some time to reflect, the residents of Lot 13 expressed appreciation for the approach taken:

“We were grateful that it was a conversation, not JM acting like he was the strata police as we have experienced in the past. The tone was respectful, and it gave us space to consider the impact. We’ve made changes and feel better about the community as a result.

Sure, it helps he is a big, tattooed unit and takes up some space in person, but he is a genuine bloke, likes a laugh, and he just wants the best for the strata community we live in. We are grateful for his approach, and lucky to have him supporting all of us, tenants and owners alike.”

Lessons for Committees and Owners

Start with Informal Resolution – Early intervention preserves relationships and avoids escalation.
Use a Breach Letter Before Formal Notices – It shows fairness and often resolves the issue.
Understand the Legal Framework – Section 9 mandates enforcement; Section 146 enables it.
Gather Evidence – Logs, recordings, and specific complaints are essential.
Educate Residents – Many breaches stem from misunderstanding, not malice.
Act Promptly and Transparently – Delay erodes trust and worsens disputes.

Final Thoughts: A Common-Sense Approach to Strata

At Bettr Strata, we don’t pretend to be strata lawyers working as strata managers. We simplify strata. We bring a common-sense approach to complex issues, and we build relationships that overcome most problems before they escalate. The best strata managers are customer service first, second, and third – and that’s how we operate.

By focusing on respectful communication, early intervention, and clear procedures, we help committees avoid unnecessary time and money spent dealing with matters at NCAT or similar bodies. Strata doesn’t have to be complicated, it just needs to be handled with care.

Yours in strata,

⚠️ Disclaimer (The Sensible Bit)

This case study is intended as general guidance only and does not constitute legal advice. Every strata scheme is different, and while we love a good by-law breach letter, we strongly recommend that committees and owners speak with their strata managing agent before taking formal action.

We’re here to simplify strata, not impersonate lawyers. So if you’re unsure, ask your manager (preferably one who doesn’t carry a briefcase labelled “NCAT or bust”).

The Noisy Neighbour – A Common Strata Complaint