Heat pump noise issue in sectional title complex

[divv]

Hi all. I hope posting this here will get some worthwhile comments; if its in the wrong place I apologise.

The question is on behalf of a colleague at work.

The body corporate of her townhouse complex recently installed a "heat pump" system which sounds like a good thing EXCEPT that they placed the unit in the boiler room under her unit.

The result is she now has a constant noise/hum which keeps her awake at night and on edge all day; PLUS the heat transfer releases has had the additional effect of making her unit very cold.

The other owners are all happy because the electricity bill goes down but her life has been made a total misery.

WHAT can she do? She doesn't have tons of money that she can spend on lawyers (and why should she have to anyway?)

I have heard about arbitration but don't know where one finds an arbiter, who pays for them etc.

If anyone knowledgeable in these matters could please post it would be much appreciated!!

divv

[etwylite]

She should address a letter to the trustees noting the consequences of the heat pump installation (
vibration/hum) and requesting the trustees address (by insulating/sound proofing/vibration damping).

This would be a polite request as a starting point. The trustees have a legal obligation in terms of the sectional title act to ensure that any communal installations do not detract from the enjoyment of a unit by a section holder. should they fail to adequately attempt to adress the issue they can be held liable in their personal capacities.

[Kosmik]

Good response by ET. Try it and see what happens before escalating further.

[divv]

Thanks for the responses folks. Problem is she's done the letter thing and the people came out and did some fiddling around but it didn't get rid of the noise (may have muffled it a bit) nor the cold.
And as I say the rest of the people in the complex don't get why she is so upset - but they don't live on top of the thing!

[czc]

The flat next to ours also installed very noisy heat pumps that can be heard at night. Our building got the municipality out to measure the sound levels where in an exceptable range, also check if the unit is on rubber pads. Also they should possibly install a duct to redirect the cold air. And in the future check out all these possibilities before installing any equipment.

[divv]

Since its the people within the complex who had the thing installed I don't see them calling the municipality out on themselves! But I will mention this to her - and the rubber feet although I suspect this may already have been done. Thanks

[Zulik]

She should keep writing letters. Send copies to the managing agents too and get them involved. Does she own or rent?

[divv]

She owns. I don't think there is a managing agent - small complex I think.

[Zulik]

She owns. I don't think there is a managing agent - small complex I think.

Who collects the levy?

[divv]

I've checked with my colleague: she did involve the managing agent (my bad for thinking there may not be one) but they were "less than helpful"...
I must add this has been going on for weeks so the polite approach has been thoroughly tried - she needs more radical action.
A lawyer's letter got them to modify the system (attempts at dampening the sound; and they probably did some ducting) but at the end of the day she is still left with the problem.
Her home life has become a total misery. She can't sell - apart from anything else she'd have to declare this and it would put new buyers off - and she doesn't want to sell - she likes her home; she just doesn't appreciate the torture she's being put through.
Any other points? DOes anyone know how one gets an arbiter? How do the costs work?

[chrisc4290]

czc's answer is the best solution. You can involve lawyers but my experience they just waste your money. I had an issue with a neighbour and his trees. Lawyer wrote a few letters which were ignored. So I called the council building inspector. He got it sorted

This one sounds particularly difficult

[divv]

Fair enough - although the one potential probrem with this approach is "define 'acceptable' noise levels" when its coming from the boiler room below and yours is the only unit affected...

czc which department of the council did your building contact? Do you have a number? Thanks.