For seven peaceful years, Michelle Bausch and her partner Paul Emmitt enjoyed their apartment in a large strata community without incident. However, that tranquillity shattered in late 2024 when new residents moved into the unit below them. Since then, Ms Bausch has faced almost monthly sleep disruptions due to loud music blaring late into the night.
"It's really disruptive. It's really stressful," Ms Bausch said, describing the ongoing ordeal that has left her feeling helpless and exhausted.
A Frustrating Cycle of Complaints
Since November 2024, Ms Bausch has lodged ten formal complaints with the building's strata manager, Vantage Strata. Despite her persistent efforts, she has never received a clear answer about who holds ultimate responsibility for addressing the noise issue. At various points, she was advised to escalate her concerns to the owners' corporation, the police, the ACT Civil and Administrative Tribunal (ACAT), and Access Canberra.
"It just shows a lack of understanding of the Unit Title (Management) Act and regulations of our current executive chair and also Vantage Strata," she remarked, expressing frustration at the apparent bureaucratic runaround.
Who Bears Responsibility in Strata Disputes?
Complicating Ms Bausch's situation is the fact that her downstairs neighbours are renters, not owners of the apartment. Tenants in strata communities must adhere to house rules established by the owners' corporation, but they cannot be members of the OC. Consequently, the OC possesses limited authority to impose penalties directly on tenants.
Maria Edwards, CEO of the Real Estate Institute of the ACT, acknowledged the complexity of noise complaints in large strata communities. "Technically the buck stops with the owner of the unit, whether it's tenanted or they live in the property," Ms Edwards explained. She clarified that this does not grant tenants free rein to disregard rules, but enforcement pathways are intricate.
The owners' corporation can issue penalties to the apartment owner, who may then pass these on to the tenant or pursue eviction if sufficient evidence supports the claim in an ACAT proceeding. However, this approach carries risks: if evidence is deemed insufficient, the rental owner could challenge the OC or the complaining neighbour at ACAT to reclaim any imposed penalties.
The Challenge of Gathering Evidence
In one of her complaints, Ms Bausch highlighted that the issue was not merely the volume of the music but the low bass vibrations reverberating through her apartment, severely affecting her sleep. She provided video recordings of the disturbances but admitted that capturing the full impact of the vibrations with a standard smartphone proved difficult.
"I shouldn't have to go out and purchase sound recording equipment to record low frequency sounds," she argued, emphasising the unreasonable burden placed on residents.
Without robust evidence, she found that no party was willing to advance the matter. Access Canberra suggested contacting the Environment Protection Authority during future incidents to allow officials to measure the noise levels directly. "My option now is to wait for another time and call the EPA and get them out at some ungodly hour in the morning," Ms Bausch said, resigned to further uncertainty.
Final Warnings Without Resolution
Vantage Strata stated that it continues to assist the owners' corporation with available complaint processes. Director Chris Miller noted that grievances among residents are increasingly common in community living settings. "Unsurprisingly, frustrations are routinely directed at the strata manager simply because they perform the administrative secretariat functions of an owners' corporation and despite the fact that the manager rarely has any direct autonomous authority to adjudicate on any particular matter," Mr Miller said.
Emails reviewed confirm that Ms Bausch's complaints were forwarded from Vantage Strata to the real estate agent managing the rental property. Yet, more than a year after her initial complaint, she reports that no substantive action has been taken to alleviate the situation.
On multiple occasions, she was informed that the tenants were on their final warning and would face eviction after another complaint. "Well, they're still here," Ms Bausch observed wearily. "It's like no one wants to really do anything."
This case underscores broader systemic issues within strata management, where unclear accountability and evidentiary hurdles often leave residents in limbo, struggling to find recourse in disputes that significantly impact their quality of life.
