Living in an Owners Corporation community comes with many benefits, including shared amenities, security, and a sense of belonging. However, close proximity to neighbours can sometimes lead to disputes, particularly when nuisance issues arise. Understanding what constitutes a nuisance, how it can be managed, and the role of the Owners Corporation is essential for maintaining a harmonious living environment.
What is Considered a Nuisance?
A nuisance in an Owners Corporation setting typically refers to any activity or behaviour that unreasonably interferes with another resident’s quiet enjoyment of their property. Common examples include:
Responsibilities of Lot Owners and Residents
All residents in an Owners Corporation have a responsibility to ensure their actions do not cause unreasonable interference with others. This includes:
How to Address Nuisance Issues
1. Communicate with Your Neighbour
The first step in resolving a nuisance issue is to communicate directly with the person responsible. A polite conversation or written request can often resolve the matter without escalation.
2. Report to the Owners Corporation
If direct communication does not resolve the issue, you can escalate the matter to the Owners Corporation or the appointed Strata Manager. Providing details such as the time, date, and nature of the nuisance can help in addressing the concern effectively.
3. Formal Complaint and Breach Notices
For ongoing issues, the Owners Corporation may issue a formal breach notice under the Owners Corporations Act 2006 (VIC). This can lead to warnings, penalties, or even legal proceedings if the nuisance continues.
4. Mediation and Dispute Resolution
If a dispute remains unresolved, mediation through the Dispute Settlement Centre of Victoria (DSCV) or Victorian Civil and Administrative Tribunal (VCAT) may be necessary. These bodies provide structured resolution processes to help find a fair outcome.
Role of the Owners Corporation
The Owners Corporation has a duty to enforce its rules and maintain a peaceful living environment for all residents. This includes:
Creating a Respectful Community
Living harmoniously in a strata community requires cooperation and consideration from all residents. By understanding and respecting the rights of neighbours, addressing concerns constructively, and following the proper channels for dispute resolution, residents can contribute to a positive and peaceful living environment.
At Amity Strata Management, we are committed to fostering well-managed communities where everyone can enjoy their home without unnecessary disturbances. If you need assistance with a nuisance issue in your Owners Corporation, contact our team for guidance on the best course of action.
