Harmony within a Strata community doesn’t happen by accident. It’s the result of proactive management, mutual respect, and clearly defined processes. Two of the most common disruptions we see at MBCM Strata Specialists are noise complaints and issues arising from smoke drift. These challenges can strain neighbourly relations, particularly in smaller communities where residents live in closer proximity. However, they can be addressed in a way that prevents ongoing conflict
Here’s how Owners Corporations and residents can address these concerns thoughtfully and effectively.
Tackling Noise Complaints in Your OC
Whether it’s loud music, barking dogs, or ongoing renovations, excessive noise can have a real impact on residents’ wellbeing. Under the Model Rules adopted by many Victorian Owners Corporations, residents must not make noise that unreasonably interferes with the peaceful enjoyment of another lot or common property.
If you’re experiencing disruptive noise, here’s a step-by-step guide to resolving it:
- Document the Disturbance
Start by keeping a detailed log. Note the date, time, duration, and type of noise. Recordings or written statements from others can also support your case.
- Approach the Resident (If Comfortable)
Sometimes a friendly word can solve the issue. The person may not even realise the noise is affecting others. If you’re unsure or feel unsafe, this step can (and should) be avoided, however, under most circumstances the issue can be addressed at this point without escallation.
- Report to Your OC Manager
If you do need to escalate, submit a written complaint to your Owners Corporation Manager. Include your noise log, any supporting evidence, and note any steps you’ve already taken.
From there, MBCM Strata Specialists will liaise with the relevant parties. If the issue persists, the OC may issue a formal breach notice under the Model Rules.
In cases where this doesn’t resolve the situation, further steps, including dispute resolution meetings or referral to the Dispute Settlement Centre of Victoria, can be considered. For ongoing or extreme cases, escalation to the Victorian Civil and Administrative Tribunal (VCAT) may be necessary.
- Engage Local Authorities if Needed
If the noise relates to a one-off event like a party, Victoria Police can be contacted. For recurring issues like ongoing construction or nuisance dogs, local councils may intervene.
Smoke Drift: Understanding the Boundaries
Unlike noise, smoking has the added complexity of affecting both health and comfort. While smoking inside a private apartment is generally allowed, the right to smoke ends where another resident’s right to a smoke-free environment begins.
Under Model Rule 1.4, a resident must ensure smoke from their lot does not penetrate common property or other lots. This includes smoke drifting from balconies or windows.
If You’re Affected by Smoke Drift:
- Document everything: Keep a log, note health impacts, take photos if relevant.
- Approach the smoker (if safe to do so): A conversation can sometimes lead to a resolution.
- Submit a written complaint: Include your evidence and a request for formal action to the committee or your strata manager.
The OC may then follow a dispute resolution process under Section 7 of the Model Rules, potentially leading to a breach notice or application to VCAT if the matter is not resolved.
In some cases, particularly if the issue is ongoing, the OC might also choose to pass a Special Rule banning smoking in certain common areas (e.g. stairwells, lobbies, or shared gardens). This requires a special resolution vote (75% majority).
A Fair and Proactive Approach
At MBCM Strata Specialists, we understand that dealing with these types of disputes can be uncomfortable and frustrating. That’s why we prioritise clear communication and professional guidance. As your local strata management partner, our role is to help mediate these situations effectively, and resolving issues before they escalate further.
Our experienced strata managers work closely with each committee to ensure Model Rules are followed, all parties are heard, and decisions are made fairly. We also assist with:
- Drafting and circulating breach notices
- Coordinating formal meetings under the dispute resolution process
- Assisting with referrals to mediation or VCAT where appropriate
- Advising committees on rule changes to prevent recurring issues
Creating a Respectful Strata Community
Small to medium Owners Corporations, like the majority we serve across Victoria, thrive when residents respect each other’s space and peace of mind. That’s why MBCM Strata Specialists encourage a proactive and transparent approach to issues like noise and smoking.
If you’re experiencing ongoing disruption in your community, or want to know how your Owners Corporation can better manage these issues, reach out to your local MBCM Strata Specialists branch. We’re here to support you with expert advice, responsive service, and a commitment to fostering harmonious strata living.