
04-21-2007, 10:00 AM
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Senior Member
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Join Date: Nov 2006
Posts: 462
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Quote:
Originally Posted by Katy
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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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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