I live in a townhouse complex in Johannesburg. I have a problem with my neighbour who runs a business that seemingly involves virtual lectures. I have no problem with this, but the issue is the noise. I can hear everything and may as well be part of his class.
On two occasions I have approached him, and he apologised, but only to do the same thing again. Do I call the police, report to the body corporate?
Ashwini Singh advises:
You would have to report the noise to the trustees of your body corporate, which can be done either directly to them or via your scheme’s managing agent (ideally report the issue in writing and have evidence of the noise).
A fair warning though: noise is difficult to regulate in schemes. If your complex does not have specific conduct rules relating to noise (which are subject to reasonable enforcement), that would make it even more difficult to enforce as the noise levels would then have to be regulated under your municipality’s by-laws.
Often in sectional title schemes, with the walls being attached, individuals resort to soundproofing within their section in anticipation of the noise coming from the neighbouring section. Some effective solutions include installing acoustic panels, adding soundproof curtains, using door seals and weather stripping, or considering double-glazed windows.
However, it is of note that running a business from a section in a residential sectional title scheme is prohibited in terms of Prescribed Management Rules 30(f)(iii) of the Sectional Titles Schemes Management Regulations. If you have proof that your neighbour is running a business in his residential section against the rules, then that must be acted upon by the trustees of your scheme.
Ashwini Singh is a law academic and affiliate of the Association of Certified Fraud Examiners, South Africa.
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2 Comments
Had neighbours a couple years back who used to tell their childs to scream at the top of their lungs to annoy others.
The parents got drunk and blasted loud music the whole day and night.
The trustees were useless.
Another neighbour got irritated and would blast music in retaliation.
Turns out the drunks had divorce issues. They moved out.
a trustee lived in the unit next to me and he would have 20 people over and they would all be drinking and making noise the whole night but when other units would make noise he would complain because he was a miserable person…….trustees dont care about noise