2 days ago
Unit owner told to turn music down and sing quietly
A unit owner has been ordered to sing quietly and keep music levels to a minimum following complaints from his neighbours about his laundry habits, loud music and water usage.
But that was not the only complaints levelled against the owner by the Body Corporate for Four Seasons.
Thomas Schlacher was also ordered to ensure personal items were not left on common property including a boat so as not to kill or damage parts of the lawn, and to not deposit food waste on the common property lawn.
The body corporate accused Schlacher of breaching the by-laws and sought orders from the Queensland Body Corporate and Community Management Commission (QBCCMC), with that judgement recently published.
The body corporate sought orders that Schlacher and any residents or visitors keep their noise level to a minimum and that loud noise and gatherings that can be heard from neighbouring lots cease by 9pm.
'Should Thomas sing or play music, to do so quietly and not disturb the peaceful enjoyment of another lot or on common property,' the body corporate asked, and the he 'not play any music or radio when he is not home'.
It further asked for orders that Schlacher use only 'designated washing lines in a respectful manner by ensuring that his laundry is taken in when it has dried and not left on there for extended periods of time with a maximum period of 36 hours'.
Further the body corpoare sought an order that Schlacher does not use any tree or rope as an additional washing line and that he remove rope from two trees that are on common property.
that he has been using as a washing line.
It also sought an order that he hangs an article of clothing over one line of the communal washing lines and not multiple lines, and that he keeps his washing confined to one area of the washing line and not spread out across the whole thing.
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The body corporate also sought orders that he remove all personal items from the common areas, that he fix damaged fence palings and a tap handle, and that he use water reasonably and reimburse the owners of three neighbouring units $345.82 each for his increased and excessive use of water.
The man submitted that 'all contraventions had been brought to an end and no further action was necessary'.
While the body corporate acknowledged that there had been a recent improvement with respect to noise and the man's laundry habits, some personal items remained on common property, the damaged palings and tap had not been repaired, and his neighbours had not been reimbursed for excessive water usage, which continues.
'I sought an update in June and was told that Mr Schlacher has resumed playing music at an excessive volume and leaving a speaker outside while he is away from the property for hours at a time, and at times he leaves his laundry on the line for 'extended periods',' the judgement by the QBCCMC adjudicator says.
'Otherwise, the situation was said to be much as described in the body corporate's reply to submissions.'
The adjudicator found that Schlacher was playing music loud enough 'that it sounds as though it is being played within the lot above. No background sounds can be heard over it'.
'I will order Mr Schlacher to keep his music to a volume that is unlikely to interfere with the ordinary use of other lots,' the adjudicator said.
'His neighbours should not be required to raise their voices, turn up their own devices, or close windows and doors to keep his music to a low, background level.'
As for Schlacher's laundry habits, that has substantially abated, the judgement found.
'He is no longer hanging his washing on trees on the common property, and he has removed the line he had strung between them,' it says.
'However, he is still said to be leaving his laundry on the common property washing line for extended periods, limiting its use by other residents.'
However, the adjudicator was not satisfied that Schlacher was breaching current by-laws.
As for personal items, the body corporate claims that the following items remain on common property: a bird bath, epiphytes that have been attached to a frangipani tree, pots and plants, bags of potting mix, a BBQ, a boat, food scraps, a shade awning, pictures on a door and window and a hose.
'The application included photographs of food waste left on the lawn,' the judgement said. 'Mr Schlacher did not deny that he left it (or any of the other items in the body corporate's photographs) there, saying only that he had rectified all matters and there is now full compliance.
'Despite this claim, the body corporate says Mr Schlacher continues to deposit food scraps on the lawn.
'It submitted no further evidence of it, but I am inclined to accept the claim given Mr Schlacher's prior conduct and the fact that the body corporate did not hesitate to acknowledge those issues that have been resolved since the application was lodged.'
But the adjudicator did not find there to be sufficient evidence that the man had damaged the fence palings or the tap.
The adjudicator also did not order Schlacher to curb his water use due to the complex having only one meter.
'The body corporate may wish to investigate having individual meters installed for each lot,' the finding said.
But the adjudicator was satisfied that Schlacher continued to breach the by-laws by playing his music too loud, allowing his personal items on the common property to damage patches of the lawn, and depositing food scraps on the lawn.
