Investigative Journalism and Learning Hub - Waratah Strata Management Ignored Complaint from Multiple Owners About Excessive Noise During SP52948 Lot 157 Renovations for Seven Days on 12 January 2021

Welcome to the blog of NSW strata investigative journalism

From: SP52948 owner
To: Robert Crosbie, Stuart Greene
Subject: OFFICIAL COMPLAINT: SP52948 Noise during Lot 157 bathroom renovations beyond reasonable levels for seven days as of 12Jan2021
Date: 12/1/21, 2:47 pm

Good afternoon,

1. Noise continued on Monday (11 January 2021) and today (12 January 2021), meaning it is now seven days of interruptions. It is intrusive enough to interrupt owners in Lot 158 from conducting business meetings via Zoom.

2. Lot 152 and Lot 158 had to hand-wash cars over the weekend due to dust that was collected in their garages. Building manager staff were witness on Sunday morning.

3. Lot 158 also has complaint from Lot 155 (appears to be an older lady of Iranian descent but we could be wrong) about her headaches last week.

4. Notice on the board below Block A and in the elevator still contains incomplete, inaccurate, and plainly wrong information about Lot 157 renovations.

A short video with noise in the Block A foyer today is attached.

Regards,


On 8/1/21 12:48 pm, SP52948 owner wrote:

For the record.

Today, Friday, 8 January 2021, jack-hammering noise, albeit not as loud as in previous days, continued.

Noise inside Lot 158 has been recording as evidence.

One more item that was accidentally forgotten to be mentioned: yesterday, whilst walking on fire stairs in Block A, strong foul smell of sewage was present. It disappeared in later part of the day.

Update at 17:30 hours today:

a) Lot 161 (third family with children affected by excessive Lot 157 noise) had to take their toddler out of unit due to stress that the child had because of noise (cried a lot today). They confirmed it to us this afternoon.

b) Lot 150 (a very old female owner) claimed to Lot 158 that the building manager extended the days for jack hammering but there has been no official notice to any owner (attachment "SP52948-notice-about-Lot-157-bathroom-renovations-8Jan2021.webp"). We cannot verify if her statements are true.

c) Lot 158 spoke to staff working in Lot 157 who confirmed that four areas are being renovated:

  • Two bathrooms,
  • Laundry,
  • Kitchen (apparently only the flooring).

Such information has not been given to owners to prepare them for extended noise.

d) Lot 158 spoke to staff working in Lot 157 who confirmed that the noise would extend to part of sixth day (next Monday, 11 January 2021).

Such information has not been given to owners to prepare them for extended noise.

e) Due to extensive renovations (these fall into major renovations), it is expected that all paperwork has been properly submitted by Lot 157 (including engineering documents) in advance, and that approval has been obtained. Allegedly Motion 15 was approved at AGM 2020 (SPECIAL BY-LAW RENOVATIONS) but no owner or tenant appears to have received updated version of the By-Laws and neither has it been published on Waratah Strata management website portal.

On 7/1/21 4:14 pm, SP52948 owner wrote:
Good afternoon,

Lot 157 is undergoing bathroom renovations during January 2021.

Whilst it is good to see owners taking care of their property, other owners should not be disadvantaged by such an event.

In this specific case, SP52948 By-Law 1 applies ("Noise").

In spite of official notices on elevator and notice board in Block A, noise from Lot 157 during their renovations are now in the fourth day (notice claims only first three days).

In addition to the extended period of noise pollution, tenants in Block A (and even below the building in the basement) are exposed to significant disruptions due to it.

Although the notice mentions renovations of two bathrooms only, it appears Lot 157 is also renovating the laundry.

Possibly the worst affected units are those sharing walls with Lot 157 with children:

  • Directly above Lot 157 is a family with three young children (Lot 163),
  • Next to Lot 157 is a family with three young children (Lot 152).

There are good alternatives for concrete demolition without the noise, dust, or vibration. One of them is:

https://www.amazon.com.au/Dexpan-Demolition-Excavating-Alternative-Jackhammer/dp/B000BRQ9A2

Video and photo evidence has been collected about the noise. Just today, when noise levels are lower than in previous days, on level 2 inside Lot 158 bedroom the jackhammer actions created noise between 70 and 87 Decibels (dB). In general, sounds above 85 dB are harmful, depending on how long and how often one is exposed to them and whether one wears hearing protection.

Lot 158 tenants experienced all of the following due to jackhammer noise (and possibly owners in other units):

  • Difficulty talking or hearing others talk over the sound (especially during video conferences for work-related meetings).
  • Walls inside the unit literally vibrated for prolonged periods.
  • Sound made ears hurt.
  • Ears ringing after hearing the sound.
  • Other sounds seem muffled after leaving Block A.

Please ensure that compliance with SP52948 By-Laws applies to all owners and that proper renovation practices are enforced.

Regards,

SP52948-Lot-157-jackhammering-noise-Block-A-foyer-12Jan2021.mp4