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Summer Parties; Noisy Neighbours

Summer is here, but there are a few things that party hosts should keep in mind so that everyone is having fun and can enjoy the season of get-togethers and summer parties.

When living in an apartment, the Body Corporate By-Laws are still in force during the summer season. It is important for party hosts to remember that most Body Corporate By-Laws have a provision that deals either with excessive noise or with nuisance on general terms.

The Body Corporate and Community Management Act also provides that an occupier of a lot must not use or permit the use of the lot or the common property in a way that would cause nuisance to other residents in the complex.

This means that the occupier of the lot is responsible not only for the noise usually associated with parties such as music and loud talking on balconies or patios but is also responsible for the behaviour of guests whether within the lot or on common property. This is particularly important if parties are hosted in common BBQ areas.

For noise to be considered nuisance under the Act, it does not need to be ‘real and substantial’. It is enough that noise coming from an apartment is interfering with another person’s reasonable enjoyment of their unit.

Another important aspect to take into account is the fact that all Body Corporate By-Laws and the Body Corporate and Community Management Act apply to tenants as well as owner-occupiers.

So if you’re planning a party this summer be sure to be mindful and respectful of your neighbours or you might end up in hot water rather than the swimming pool.

Disclaimer: This article is intended as general information only and should not be relied upon as legal advice. For specific legal advice please contact us here.


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