Residents of a large strata community in the Australian Capital Territory are grappling with persistent noise complaints that have left one couple feeling helpless. Since late 2024, Michelle Bausch and her partner, Paul Emmitt, have faced ongoing disturbances from loud music emanating from the apartment below, disrupting their sleep and daily life.
Bausch has submitted ten complaints to their strata manager, Vantage Strata, since November 2024, but has received little clarity or resolution. Instead of a straightforward response, she has been directed to various channels, including the owners’ corporation, local police, and Access Canberra. “It’s really disruptive. It’s really stressful,” Bausch stated, expressing frustration over the lack of effective action.
Challenges in Managing Noise Complaints
The situation is complicated further by the fact that Bausch’s downstairs neighbors are renters, not owners. In strata communities, tenants agree to abide by house rules established by the owners’ corporation but do not hold membership rights. As a result, the owners’ corporation has limited authority to enforce penalties against tenants for noise violations.
Maria Edwards, CEO of the Real Estate Institute of the ACT, explained that the responsibility for addressing such complaints ultimately rests with the unit owner. “Technically the buck stops with the owner of the unit, whether it’s tenanted or they live in the property,” she noted. While the owners’ corporation can impose penalties on the owner, the process can be risky. If evidence is insufficient to substantiate the noise complaint, the owner could potentially challenge the penalty in the ACT Civil and Administrative Tribunal (ACAT).
Bausch has attempted to document the disturbances, noting that it is not merely the volume of the music but the low-frequency bass that disrupts her sleep. Despite providing video recordings, she acknowledged the challenge of capturing the vibrations effectively. “I shouldn’t have to go out and purchase sound recording equipment to record low frequency sounds,” she remarked.
Seeking Solutions and Support
In her pursuit of a solution, Bausch was advised by Access Canberra to reach out to the Environment Protection Authority (EPA) the next time the noise occurs, allowing them to measure the sound levels directly. “My option now is to wait for another time and call the EPA and get them out at some ungodly hour in the morning,” she said, highlighting the ongoing inconvenience.
Vantage Strata has acknowledged the complaints and indicated that they are assisting the owners’ corporation with the complaint processes. Director Chris Miller commented that frustrations often arise in community living, directing grievances towards the strata manager, who typically functions in an administrative capacity with limited authority to resolve disputes directly.
Despite Bausch’s ongoing efforts, including communication with the real estate agent managing the rental unit, she reports that no substantial action has been taken to address her concerns. Over a year after her initial complaint, she stated, “It’s like no one wants to really do anything.” The tenants have reportedly received multiple warnings, but the situation remains unresolved.
As residents in strata communities navigate the intricacies of noise complaints and tenant rights, Bausch’s experience underscores the challenges individuals face in seeking effective resolution within a shared living environment.
