FAQ Installation of Floor Coverings (ACT)

INSTALLATION OF FLOOR COVERINGS WITHIN UNITS (ACT)FREQUENTLY ASKED QUESTIONSWhat is the problem?A neighboring unit owner has installed a new floor covering in their apartment. The type offlooring installed, does not sufficiently prevent the transmission of noise from their unit to yourunit. This is interfering with the peaceful enjoyment of your unit.What is the solution?The owners corporation, owner or occupier affected may decide to speak to the offender about theproblem and figure out a solution. However, this should only be taken as a first step where the owneror occupier feels that it is safe to approach the offender about the problem.The owners corporation, owner or occupier affected can also apply to the ACT Civil AndAdministrative Tribunal (ACAT), to obtain an order that the offender must rectify the noisetransmission issues.Alternatively, an owners corporation can amend the default rules under s108 of the Unit Titles(Management) Act 2011 (the ‘Act’) to introduce a rule that specifies the types of floor coveringsthat are to be installed that adequately insulate the apartment from noise transmission.This means each time a unit owner wants to undertake this work, the types of floor coveringsallowed and sound transmission requirements are specified under the rules of the corporation.What makes the TEYS Lawyers rule unique?  One-off expense for the entire building  Simple language  Defines the types of floor covering allowed  Provides for conditions in respect of acoustic and sound transmission requirements  Includes maintenance and indemnity provisions regarding installationWhy should the owners corporation make such a rule?TEYS Lawyers Pty Ltd Simone BalsaraStrata Law Specialists LawyerABN 11 127 707 671 E: simone@teyslawyers.com.auSuite 73 Lower Deck, Jones Bay Wharf T: 02 9562 650026 – 32 Pirrama Road, Pyrmont NSW 2009 F: 02 9562 6555GPO Box 4157, Sydney NSW 2001Liability limited by a scheme approved under Professional Standards Legislation

Erecting or making such alterations in a unit or on common property without the expresspermission of the owners corporation is a breach of rule 4 of the Schedule 4 default rules in theAct.Additionally, where another unit owner, occupier or user complains that the new floor coveringsare making noise reasonably likely to cause substantial annoyance there may also be a breachof rule 8 of Schedule 4 default rules in the Act.Amending the owners corporation’s rules, under s.108 of the Act, by introducing a new rule thatprovides owners with a clear guideline will prevent the breach of rule 4 and 8 of Schedule 4default articles in the Act.House rules covering such alterations in unit or on common property may be adopted howevernote that such “house rules” are not enforceable under the Act, unlike a rule of the corporation,which each occupier of a unit is bound by, unless the rule provides otherwise (see s.107 (2) ofAct).How do we get a rule that provides regulations around installing floor coverings?Call TEYS Lawyers on 02 9562 6500 or email simone@teyslawyers.com.au for an estimate toprepare and register this additional by-law for your strata scheme.

FAQ Installation of Floor Coverings (ACT)

by TEYS Lawyers on May 29, 2012

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FAQ Installation of Floor Coverings (ACT) Document Transcript