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Old 04-20-2007, 03:35 AM
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Join Date: Apr 2007
Posts: 1
Angry Body Corporate against me playing music. HELP!!!!

I would appreciate it if someone can give me advice on my problem with my neighbours. I stay in a sectional titled complex. The problem is that I play music about twice a week on Friday and Saturday. Pointing out that it is loud, but not disturbingly loud, and I normally turn it down at about 10 at night as per our government law. However the complex consists out of elderly people who seem to have it in for me. They confronted me one night in a distastefully manner and caused a scene outside my door. On which I acted and told them off. The next day (during daytime) I had my music playing again and they switched my electricity off.
I made enquiries with the police about the matter of switching electricity off, and they informed me that it is illegal. I send the Chairman at the complex a letter stating that they have no right to switch my electricity off and that I have a right to play my music till about 10 and thereafter I will switch it down.

They replied with a letter saying that I have to abide by the terms and conditions of the body corporate which states that you are not allowed to cause a disturbance (at any time) regardless of the common law rules of 10 o clock. And that they will get a court interdict against me and sue me for all their legal costs too.

That tells me that I as a person don’t have a right to play or do anything which they perceive as a little bit disturbing; however I can point out numerous things in the complex causing disturbances except for my music.

Do I have any ground to stand on for my rights?
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Old 04-21-2007, 10:00 AM
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Join Date: Nov 2006
Posts: 462
Default

Quote:
Originally Posted by Katy View Post
I would appreciate it if someone can give me advice on my problem with my neighbours. I stay in a sectional titled complex. The problem is that I play music about twice a week on Friday and Saturday. Pointing out that it is loud, but not disturbingly loud, and I normally turn it down at about 10 at night as per our government law. However the complex consists out of elderly people who seem to have it in for me. They confronted me one night in a distastefully manner and caused a scene outside my door. On which I acted and told them off. The next day (during daytime) I had my music playing again and they switched my electricity off.
I made enquiries with the police about the matter of switching electricity off, and they informed me that it is illegal. I send the Chairman at the complex a letter stating that they have no right to switch my electricity off and that I have a right to play my music till about 10 and thereafter I will switch it down.

They replied with a letter saying that I have to abide by the terms and conditions of the body corporate which states that you are not allowed to cause a disturbance (at any time) regardless of the common law rules of 10 o clock. And that they will get a court interdict against me and sue me for all their legal costs too.

That tells me that I as a person don’t have a right to play or do anything which they perceive as a little bit disturbing; however I can point out numerous things in the complex causing disturbances except for my music.

Do I have any ground to stand on for my rights?
I suggest you obtain a copy of the 'body corporate's' regulations and by-laws, which are similar to those in any other US homeowners' association. You agreed to those terms when you moved into the complex; your rights don't include noise disturbances especially if other tenants have voiced their complaints directly to you. You not only face possible litigation and fines, you face possible eviction if you're renting. Here's a very simple solution: invest in a set of wireless (cord-free) earphones. You can enjoy your music at any hour or decibal and won't have to listen to the other disturbances you mentioned.
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Old 10-04-2007, 04:57 AM
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Join Date: Sep 2007
Posts: 14
Smile I agree

We live in a subdivision with a HOA. For the most part, the area is quiet during the night. At times, there would be people playing their music almost full blast and we can hear the "thump thump" of the music. Then there was July 4th with the firecrackers. We went to the president of the HOA and he said that the only thing that we could do is call the police for noise disturbance. The only thing that the cops can do is warn that person. We really haven't had any major problems with noise,which we are greatful. Things could be a lot worse.

My suggestion is to have respect for the others around you. No one is saying that you can't listen to music but have it a reasonable sound where it won't be bothering others around you. You would want the same thing done for you if the table was turned. Just put yourself in their shoes with their thinking then maybe you can understand how they feel. This is just my opinion and take it as you may.


Judy
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