Mystery noise in Apt complex Issue

badbrian

I just found out someone in our complex has been complaining of a mystery noise in their apartment. It has been reported to the Management agent who has spent plenty of time and money on it.

People called out to the apartment in the middle of the night have not heard it and there have been plumbers and electricians around. It is described as a hissing noise.

Now the owner has threatened legal action against the management company (one wonders can one take an action against a body of which one is already a member) if it is not resolved.

I understand there is a legal aspect to this which I am not expecting people to be able to answer but what do you think otherwise. Apparently the person has been to the doctor to have their hearing checked out and is fine. The noise is mostly at nights (the mind does funny things then I know - and the person I think lives alone).

I'm very skeptical myself but am reassured that the managing agent has acted in everyone's best interests but if no-one can hear the noise what can be done. I can't see any point in the person taking an action - our reserves are minimal.
Any thoughts?

whippet

it sounds like a silly case of the person making a threat of legal action but has no really intention of doing it.

My first comment would be that the management company would have no liability at all. The mgt company manage a building that was built by a developer. Therefore if there is a structural problem that would have been built by the developer and therefore their liability. Unless it the noise is caused by routine maintenance that the mgt company is responsible for.

I couldn't see any solicitor advising them to take an action against a mgt company, but taking an action against a developer is probable .. dependant of them being able to prove that such an noise exists, is the responsibility of the developer and has caused sufficient distress, nusiance etc.

Victor

I suspect its a water tank filling at night. It might need a cover.

That person should invest in ear plugs - you can get them in any pharmacy for under a euro.

whizzbang

Could be Infrasound:
http://www.boingboing.net/2006/10/19/scientists_study_wei.html
http://en.wikipedia.org/wiki/Infrasound

bit of a long shot though..

The_Conductor

Noises are magnified at night- so a minor noise can very rapidly become a very annoying hissing sound just when you are trying to get to sleep. It could well be radiators filling/a water tank/gas valve etc- there is no way of knowing. If its a frequent noise- it might be suggested to the person that trying to deduce what the noise is by process of elimination, may be a way to go. So turn off the water at the valve. Does the noise persist? Turn off the heating system- does the noise persist? Turn off the gas at the mains- does the noise persist?

To be honest- I really do not see how the noise is a Management Company issue. The Management Company is concerned with the management of the external and shared areas of the complex and with the maintenance of the structures of the buildings. Individual owners are responsible for their own water/electricity/gas/heating/cable/phone etc etc. If the property is a rented property- it is the duty of the landlord to ensure all the services are as described when letting the property(and the duty of the tenant to maintain them).

I'd check your lease- I'd be very surprised if the Management Company has any responsibility whatsoever for the internal services in the apartment.

RIRI

The management company have no liability for any services / issues within individual apartments. In fairness It sounds like they've gone above and beyond the call of duty here. If anything the bulder should investigate, but in fairness they'll only do what smccarrick outlined.

badbrian

smccarrick wrote:

To be honest- I really do not see how the noise is a Management Company issue. The Management Company is concerned with the management of the external and shared areas of the complex and with the maintenance of the structures of the buildings.

This was my thought orginally. However the resident is an owner occupier and lives on the top floor. The management company was called in as it was originally thought the noise might be coming from the attic which would be a common area. Some of us who are involved in the management company will go ourselves to discuss with the individual involved.

Thanks anyway for the suggestions and advice thus far. I'll post if we find anything out on our visit.

The_Conductor

Attic space *is not* a common area. It belongs to the uppermost apartment/townhouse. Outer roof, exterior walls etc- are common areas. The upper apartment having attic storage space is normally listed among the 'features' of buying an apartment on the top floor!

Victor

smccarrick wrote:

Attic space *is not* a common area. It belongs to the uppermost apartment/townhouse. Outer roof, exterior walls etc- are common areas. The upper apartment having attic storage space is normally listed among the 'features' of buying an apartment on the top floor!

Mostly, but not always.

With a top floor apartment, I suspect even more that it is a water tank or cistern. He probably hears the noise after using hte toilet in the middle of the night.

badbrian

smccarrick wrote:

Attic space *is not* a common area. It belongs to the uppermost apartment/townhouse. Outer roof, exterior walls etc- are common areas. The upper apartment having attic storage space is normally listed among the 'features' of buying an apartment on the top floor!

Dreams of finding this is indeed the case and finding huge attic available to extend upward to......
Also have top floor apt.

Borzoi

smccarrick wrote:

Attic space *is not* a common area. It belongs to the uppermost apartment/townhouse. Outer roof, exterior walls etc- are common areas. The upper apartment having attic storage space is normally listed among the 'features' of buying an apartment on the top floor!

Use of bold letter and asteriks dosn't actually make it so. Having direct access from the apartment to this space, would make it more likely, nevertheles the Management company would still own the roof, roof trusses (structural items - just like walls) etc along with any 'common' plumbing. Though in my opinion, it would be unlikely that common services would be run thourgh private space.

The_Conductor

badbrian wrote:

Dreams of finding this is indeed the case and finding huge attic available to extend upward to......
Also have top floor apt.

Well, I've just gotten permission from the Management Company to convert my attic. They want to have it inspected when its finished, which is fair enough. I'm thinking of putting much larger full length windows in one of the rear bedrooms- they have ok'ed that too. Suppose it depends on the management company.....