Can an apartment make major flooring changes without bodycorp consent?

[OnTheMove]

Have an apartment in single level, 12 in a row, parking underneath, apartments on 2nd floor etc.

The apartment next door has ripped out all carpet etc, and installed tiling through out. They did a flappn shoddy job and could barely communicate with me, supposedly the grouting is already cracking and fixtures faling off walls.

Anyway, the real problem is the noise, the block is like one big amphitheater, now instead of not hearing footsteps its like boom boom boom whenever anyone walks next door.

Can an owner do such a major renovation without consulting the other owners and the body corp?

[OnTheMove]

Is there an Act for units which the owners have to apply to the council or at least landlords to alter a properties structure ie flooring?

[John the builder]

Is there an Act for units which the owners have to apply to the council or at least landlords to alter a properties structure ie flooring?

building code covers impact sound.


It could be they have compromised this performance requirement? talk to BC and only then council?


Body corporate rules govern any alterations? to a unit?

[Aston]

I have come across this situation twice.

First one was where the Unit owner requested permission from the BC to replace the carpet with tiles. Permission was not granted because it was stated in the operational rules that only carpet and underlay could be installed on the floor.

Second one is where the Unit owner, unaware of the rules, just pulled up the carpet/underlay and installed tiles. Once the BC became aware of this, they required him to reinstall carpet. Legal action was threatened but the owner put new carpet back on top of the new tiles.

Firstly, I suggest you check the operational rules of your BC.

[absoluteproperty]

Have an apartment in single level, 12 in a row, parking underneath, apartments on 2nd floor etc.

The apartment next door has ripped out all carpet etc, and installed tiling through out. They did a flappn shoddy job and could barely communicate with me, supposedly the grouting is already cracking and fixtures faling off walls.

Anyway, the real problem is the noise, the block is like one big amphitheater, now instead of not hearing footsteps its like boom boom boom whenever anyone walks next door.

Can an owner do such a major renovation without consulting the other owners and the body corp?

We are going through this at the moment, the owners only in NZ supposedly a few months a year and totally aware of BC rules. They were denied permission based on lack of information on soundproofing, but ripped the floors up anyway. The building manager became aware but they continued doing what they did. They bought a crane in without advising council, blocking traffic for 4 hours in one of the main streets of Wellington while they lifted pallets onto their balcony - without BC permission.

Our BC committee was too soft, and did not threaten or engage in legal action, for which I personally was a supporter of being a fairly major stakeholder in the building.

The owner now has the new flooring in, with Bc STILL claiming they did not authorise it and so that's OK.

I have recommended that the BC secretary put in as part of any pre-sales pack on the property that the property has works uncontested by the BC, and that works must be restored to be OK by the BC. Again, other BC members are against this - rules are rules, until they are broken, and then they are worthless, it seems.

I would be advising the BC to provide proof the works were consented and if not provide detailed steps they are taking with a timeline to have the work restored to original spec, or you will need to take legal advice.

The unit titles act is incredibly weak at dealing with rule breakers, and IMO should be completely separate laws which govern apartment living or unit living, and stand alone home living in NZ. Having a noisy neighbor or disruptive person in an apartment building is not the same as having a neighbor like this, and with current government policy people are being pushed into apartments who have never lived in apartments and quite frankly have no idea how their personal ignorance of others impacts the lives of those around them.

[artemis]

Yes to checking the BC rules first. But there is also the issue of what is common property owned by the BC and what is the responsibility of the unit owner. My understanding, based on legal advice, is that common property ends halfway between unit exterior and unit interior. In the absence of specifics in the rules, I would expect the BC to demonstrate they have authority to intervene.

[OnTheMove]

building code covers impact sound.


It could be they have compromised this performance requirement? talk to BC and only then council?


Body corporate rules govern any alterations? to a unit?

Thanks John. I thought so. Always insightful knowledge cheers.

I know the obvious that walking on tiles in heels etc would make more noise. But the acoustic levels have totally amped up. You can hear them talking. I didnt realise tiles would do that. Is it simply wall to wall hard object conducting sound waves vs the carpet would dampen a lot of sound?

The unit titles act is incredibly weak at dealing with rule breakers,

I 100% concur, I think that actual ACT is very weak, I scimmed over it but I didnt see anything about noise or materials conducting noise. I could be wrong....

Thanks Aston and Artemis, much appreciated. Just curious what tenants or my rights are. A landlord could lose revenue completely if the unit noise next door keeps having new tenants hand in their notice to vacate near immediately.

[OnTheMove]

The BC has come back with basically nothing. These tenants in the newly tiled property are partying until 4am on a Tuesday-Sunday every week. The stairs used are made of steel so act like drums outside the 1st bedroom windows. They are up and down them shouting in the complex common area/walkway. The noise from them shouting (the more drunk, the louder they get), is to the point you can make out what they are saying.

Noise control cant do much as the noise is contained inside the solid concrete walls but not the non insulated fibro cement walls.

I know any complaint to the BC will just make them more spiteful and louder.

Situation seems hopeless, evil 23yo tenants win.

[John the builder]

The BC has come back with basically nothing. These tenants in the newly tiled property are partying until 4am on a Tuesday-Sunday every week. The stairs used are made of steel so act like drums outside the 1st bedroom windows. They are up and down them shouting in the complex common area/walkway. The noise from them shouting (the more drunk, the louder they get), is to the point you can make out what they are saying.

Noise control cant do much as the noise is contained inside the solid concrete walls but not the non insulated fibro cement walls.

I know any complaint to the BC will just make them more spiteful and louder.

Situation seems hopeless, evil 23yo tenants win.

Complain to the LL??

[OnTheMove]

Complain to the LL??

You mean the noisy neighbours landlord? I read that on a government website but didnt know if you were allowed to approach a landlord privately etc

[Anding]

Why wouldn't you be allowed to do that?

[artemis]

You mean the noisy neighbours landlord? I read that on a government website but didnt know if you were allowed to approach a landlord privately etc

Not quite clear what the BC was asked to do, or how. The BC can and should be formally asked to take action with documented reasons and incidents. Multiple owners complaining would help. There is a BC disputes process, bit pricey but multiple complainants and good documentation to the BC will assist a decision requiring for example the BC to sanction the unit owner. And maybe refund the fee.

Also no reason you can't approach the landlord directly, preferably with a witness, and document the conversation.

[OnTheMove]

Also no reason you can't approach the landlord directly, preferably with a witness, and document the conversation.

you cant record conversations legally can you? oops ;-p

i felt bad at first as I know the owners, hes from South America and is on median wage, met a lovely young Kiwi Chinese lass who owned the property, they had a lovely wee one, then left an apartment for something more substantial for a growing family etc. The mistake it seems to me which Im still trying to clarify is, did they notify the BC and the BC do nothing or did they just think (like a lot of kiwis would assume, owning it), that they could just make major renovations which impacted the sound resonance to the inner walls of the property.

Will keep you posted as to how I go, sigh.

Thanks for all the advice.