I have a neighbour who lives above me who constantly harasses me with noises e.g. banging on my ceiling,scraping furniture, noisy cleaning of floors, frequent flushing of toilet, playing guitar loudly on his balcony, turning tap on and off creating a noise and verbal abuse in the garage at times. I have complained to the building manager as well as body corporate but have been told to prove it. I was chairman of the body corporate but resigned when he came aboard to my regret. Any advice would be greatly appreciated. – Ros, QLD
Hi Ros, If you have a dispute (such as yours) with another owner or occupier you must try to resolve it with the other party first. Reasonable steps should be taken by you to resolve the issue before a formal dispute resolution application.
• You may wish to communicate with the neighbour personally (preferably in writing, as this may be needed as evidence of self resolution later on)
• Present a motion to the committee
• Present a motion to a general meeting.
Approach the committee to write to the owner.
The benefits of self resolution assist with stopping the issue from getting more serious, is faster and cheaper, leads to better relationships and stops further disputes.
If self resolution fails you can apply for dispute resolution with the Commission of Body Corporate and Community Management. In most cases you must attempt conciliation as a the compulsory first step in dispute resolution.
Read about this process on the government page: