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A Sydney mum is facing legal action unless she can stop her toddler from creating ‘excessive noise’.

Vaucluse resident, Janin Mayer, 33, said she is furious after receiving a letter from her apartment building strata company threatening her with legal action regarding the noise her 19-month-old son, Elliav, is making.

In a letter address to Janin, strata company, Bright & Duggan, have stated that she will potentially be called before the NSW Civil and Administrative Tribunal and face a $550 fine over the noise.

The letter also says the company has received reports from her neighbours of “shouting and screaming”, disturbing other residents and her actions are putting her in breach of the strata scheme by-laws.

“Living harmoniously within a strata scheme requires all occupiers to be aware and considerate of each other,” the letter reads. “Strata by-laws are adopted to give guidance and outline the standard of behaviour expected to ensure that all residents enjoy a peaceful existence.

“It has been brought to our attention that excessive noise, in the form of your child shouting and screaming, is emanating from your apartment from early in the morning to very late at night on a regular basis. This is disturbing other residents and as such you are in breach of the strata scheme by-laws.  Please refrain from allowing your child to create excessive noise immediately and into the future. You must be mindful of other residents and keep noise levels to a minimum at all times.

“Continued breaches of the by-laws may result in the matter being taken further and a fine of $550 being imposed by the NSW Civil & Administrative Tribunal.”

Janin shared the letter with friends and family on social media, captioning the photo with, “Discrimination to the utmost! I am revolted.”  She says she has received great support from friends who understand the challenges of being a parent with a toddler.

“We were really outraged [about the letter],” she said.  “Everyone’s disgusted, especially people with children who just know that is normal behaviour for a toddler. In addition to the fact that city rental prices are so ridiculous anyway, it just adds to the feeling of being pushed out.”

Expecting her second child in just over a month, the stay-at-home mum pays $560 a week for the small two-bedroom unit in the complex in the eastern suburbs of Sydney.

Ms Mayer and her husband, 35-year-old Evi, moved in just before Christmas and say they have tried to be civil with the neighbours.

“There’s not really anything we can do,” she told news.com.au.  “We try, obviously we’re aware of the fact that we’re in a city and there are neighbours. We keep the windows shut. I don’t know what else we can do.  We’re not partying, we’re not outside in the common area. He’s a toddler, that’s what toddlers do. There are other kids in the building but they are a bit older.”

Ms Mayer said she is worried about what will happen when the second baby arrives. “I don’t really feel comfortable in the building [anymore]. It just makes me feel like my child is being bullied,” she said.

“With a newborn, realistically it’s going to be even noisier — that’s what babies do. I don’t know if they are going to try and be even more aggressive about the matter. I don’t really feel there’s anything we can do to resolve the situation.”  We have tried really hard to be in open engagement with our neighbours,” she said. “Just from a community perspective, it’s nice to have those old-fashioned values.

Bright & Duggan Senior Relationship Manager, John Duggan said he couldn’t comment due to privacy issues.

“It’s a matter between ourselves and that particular [resident]. There are by-laws that relate to the building and it’s as simple as that.”

Image source: Getty Images

  • It seems unreasonable, unless there’s something unusual ábout the level of noise.

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  • Maybe they should consider sound proofing instead of harassing this poor family. How on earth do they expect her to keep a toddler and a soon to be born baby silent? It’s an impossible ask. Do these people have no children or have they forgotten what having children is like. Ridiculous!

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  • How ridiculous. This is why I’m happy living in the western suburbs and have no desire to migrate to the rich parts of town!

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  • Whoever has complained obviously hasn’t lived with children.

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  • It is a tricky situation. I understand her neighbours getting annoyed with the noise… But this is just a child! And this child will grow. Poor mum, I feel for you. I wouldn’t be able to keep my toddler quiet to live in a appartment.

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  • Why can’t people be more understanding

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  • I understand both sides. I think its reasonable when you move into a complex to expect the level of service and lifestyle advertised, and to expect to abide by its conditions. It is hard to keep toddlers quiet and happy 100% of the time. I can see this family moving ultimately to feel safe and secure and welcome. Personally, I don’t think I could live in an apartment complex.

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  • I can see both sides here. If the rules state no noise, I also think this family may need to move

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  • This is ridiculous. Legal action ober normal toddler noise haha sounds like neighbours have nothing better to complain about

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  • Hmm I can see where everyone is coming from…

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  • Lke nh

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  • I can see both sides of the argument. I myself have noisy neighbours and know how annoying it can be. This lady said she no longer feels comfortable in the building and with a newborn on the way the noise level is going to get worse. As inconvenient as it is, I think this family might have to move.

    Reply

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