Strata and community schemes case study

An owner must cover the floor of their lot or treat it to stop noise which may disturb another resident.  The CTTT can make orders requiring an owner to comply with certain by-laws relating to floor coverings.

A couple bought a unit in a strata scheme and moved there with their young son.  After they moved into the unit, the couple decided they need to replace the carpet as their young son was allergic to carpet. 

The couple approached the owners corporation to get permission to replace the carpet in the living room.  They assumed that consent would be given and replaced the carpet with floorboards before the owners corporation had given its consent.  The owners corporation did object and was very concerned that noise transmission from the floorboards disturbed the occupants of other units and was in breach of the by-laws.

The matter was dealt with by an Adjudicator and subsequently on appeal by a Tribunal Member.  At the hearing, the Tribunal Member found that the evidence indicated that the new floorboards allowed noise to travel.  For that reason, orders were made for the couple to make sure that the floor was covered so that the noise did not disturb their neighbours.  However, the couple were not required replace the floorboards with wall to wall carpet.