Investigative Journalism and Learning Hub - Waratah Strata Management Ignored Complaint About Discrminatory House Rule on Noise on 10 December 2020

From:	SP52948 owner
To:	Robert Crosbie, Stuart Greene
Subject:	OFFICIAL COMPLAINT AND REQUEST FOR IMMEDIATE RECTIFICATION: SP52948 Mowing before 8:00 hours and house rules
Date:	10/12/20, 12:38 pm

Good morning,

Action

As of 10 February 2020, without any official change of By-Laws or House Rules, tennis court bookings were disallowed from 7:00 to 8:00 hours (see attachment). That is not a problem if the rule was established by valid owners corporation decision, however:

Over the last several weeks, use of power tools in gardening (specifically motorized mower) has been observed before 8:00 hours in the morning.

In previous few cases, the noise started close to 8:00 hours and we kept silent about it, hoping it was an accidental mistake that would not repeat itself.

Today, after a long night work, we were woken at exactly 7:44 hours by mower behind Block A. That mower most certainly created noise for other tenants even earlier as it came around from Block C and D.

Video recording has been saved as evidence.

Impact

The issue of loud mower before 8:00 hours surfaces occassionally, Last time it was raised by a committee member on 27 Jul 2014, and the current building manager is very well aware of it.

This applies in NSW:

Loud music that can be heard from any habitable room of a neighbour’s property is prohibited between midnight and 8am on Friday, Saturday and any day preceding a public holiday. It’s restricted from 10pm to 8am on any other day.

Use of power tools is prohibited between 8pm and 7am on weekdays and Saturdays. On Sundays, they are not permissible before 8am and after 8pm.

Excessive vehicular noise is prohibited between 8pm and 8am on weekends, and 8pm and 7am on weekdays.

Desired Outcome

Before escalating it unnecessarily, common sense recommends the following:

a) Updated House Rules to include allowed tennis court hours be sent to all owners and put on notice boards.

As Sydney is very hot during summers and sun rays are too strong (cancer and skin damage risks), it is prudent to allow tennis from 7:00 hours between September and March, and from 8:00 hours in other months as it is dark anyway.

b) If tennis is disallowed from 7:00 hours, then most certainly power tools like mowers must not be allowed too and building manager staff need to be informed about it.

Meanwhile, the strata committee should clearly communicate the laws that apply to their residents, visitors, and employed staff. This communication should include the course of action residents should take if they feel these rules are being breached, and any penalties that may also apply as part of a strata community such as the issuance of compliance notices.

Regards,

Video evidence has been collected that mowing in the complex started is happening

-------- Forwarded Message --------

Subject:	MYSTERY RESOLVED: Who wrote the anonymous proposal about mower noise in March 2014
Date:	Sun, 27 Jul 2014 09:15:17 +1000
From:	SP52948 owner
To:	BCS Strata Management

As always, truth comes out, occasionally belated.

I was too busy with many other issues but that does not mean I stopped doing what is right for the complex. On the contrary.

Now I know with absolute certainty that the anonymous letter was written or authorised with full knowledge of a member (or members) of the EC or strata manager.

Here is why: because Ruth Luka sent the fax to Peter Bone on 18 March 2014. That letter was not given to any owner but the members of the committee alone.

It is clear that some (or all) EC members and the strata manager knew about it.

SP52948-disallowed-booking-of-tennis-court-from-7am-after-22-years-of-operation-without-owners-corporation-decision-10Feb2019.webp