Anonymous Resident
"Mountview"  Units
25-27 Peel St,
Tuncurry,  NSW, 2428 


Dear Ms Kemp,

I would like to remain anonymous in relation to the following concerns that I am writing to raise. This is due to the bullying tactics that certain owners have used towards others who have voiced their rights in the past. 

My main reason for writing to you is to make an anonymous complaint about Mr Dan Evans from unit number 10. He is overseas for extended periods throughout the year. But when he is home, the unit block is like living in an industrial area. The noise is louder than anything that could possibly come from Woolworths. It goes all day, nearly every day when he is in Australia.

I wouldn't complain if this was just someone occasionally using a power tool and hammer in their garage. But this is constant! The bike business that he runs from his garage is not justified for an apartment complex. The customers turning up constantly. And the noise created from the tools that he uses are louder than what I would consider to be reasonable for an apartment complex. I have been informed that these units are NOT zoned as business blocks. They are residential. I have been informed that he legally should not be running a business on the premises. 

I don't think that it's fair for other residents to have to put up with the noise. Personally, I have to rearrange my schedule around his noise when he is living in the units. I can't read. I can't sleep. It impacts my lifestyle.

I wanted to seek assistance earlier. But for the following reason I suffered in silence for over two years; The harassment that the residents gave to the poor girl who suffered from the loss of balance related to the onset of vestibular migraines after another resident cut two-thirds off a tree near her window.

The excessive sunlight in her face from 6am in the morning and the loss of balance by 7am each day as she became unable to barely walk to her own bathroom and kitchen was every reason for her to speak up. I believe that the girl did the right thing by advising the strata of  her high risk of falling. I think that it was utterly nasty to make fun of her and refuse to take steps to prevent the fall that would had occurred if she hadn't eventually (after your refusal to cooperate and months of being bedridden) paid for thick curtains that she wouldn't have needed if the tree had not been cut so low.

I am aware of the bullying that she was subjected to:

*Upstairs neighbours flushing their toilet every 5 minutes, all night for months at a time (and later displaying a water bill on the notice board to highlight the drop in the water usage once they stopped)
*Upstairs neighbours throwing objects on her balcony (they could only have come from above)
*Upstairs neighbours blowing smoke into her unit so that she couldn't open her door or windows (only one person on her side of the units smokes)
*Upstairs neighbours making phone calls to her relatives (deformating her for voicing her medical risks)
*Upstairs neighbours hammering on top of her bedroom throughout the day for months at a time after her complaint
*Upstairs neighbours having a meeting under her balcony to intimidate her as they shouted "if she gives you any more trouble...." (As if plotting even further revenge for her speaking up about her suffering and risks that)
*Constant sniggering and offensive remarks (which still occur) regarding her medical condition from the upstairs neighbour that paid the $300 to have two-thirds of the tree decapitated.
*Another neighbour, who ran a loud business from his garage at the time was calling out "have you heard about Kylie?" to each person that walked past. Making fun of her situation.

The poor woman has medical records of the back injury that she was already suffering. And she had advise from the specialist that she saw regarding her onset of loss of balance after they cut the tree. 

She looked out of her window at the tree each day as she laid in bed in pain, prior to them hacking the tree. Bright light like that, constantly in anyone's face is a torture tactic in itself! She definitely did not have the sun in her face like that prior to the tree being cut below the top of her balcony. She had photos to prove the tree was not over any part of her balcony prior to this, as the upstairs neighbours originally claimed to be their reason for getting so much cut off it. She also as no understanding as to why they had to further 'prune' the tree, claiming that it was "blocking (their) view)". It was nowhere near the upstairs balcony. It no longer even touched the top of her balcony.

She retains evidence that she advised you personally of her medical risks of falling due to the constant vestibular migraine that the sun in her face caused. She has medical records to prove that her back injury (which already kept her in bed for extended periods prior to the vestibular migraines) would make it harder to catch her balance if she did fall.

She has been unable to turn her lights on at night since the tree hacking incident, as there has been permanent damage to her eyes. She has been unable to open her blinds each day like she did prior to the tree cutting incident, even since the tree has began growing back over the past two and a half years. She is still being teased by the upstairs neighbours about the symptoms that they caused. 

They have shown no remorse over the damage they caused and made no effort to prevent further risks.

For the above reason I wish to remain anonymous. I'm terrified of being subjected to similar bullying if I speak up about the noise from the business that Mr Evans runs from his garage.

I'm informed that (apart from Fred and Betty King from number 7) you refuse to associate with renters. Even though the risk of injury and the importance of preventing an injury is just as important to owners as it is to visitors and to renters?

I'm sure you are aware that even amongst the owners at Mountview there is a bullying code that prevents equity in people seeking their rights. I don't care if Dan Evans is an owner and you only care about owners! 

If a visitor to the premises has an injury related to his bike business, it is still on the premises and the strata is still liable. I believe that it's in your best interests to start considering the welfare of renters and visitors. Their safety is just as important.

 I am urging you to do something about this bike business in respect to the possibility that an injury could occur on the premises. I am told the business is illegal according to the residential act and that owners could be bankrupted if one of his customers is injured on the premises as they won't be covered by insurance.

I am also urging you to do something about the noise levels created from the bike business in the garage of number 10.

I also find it dangerous to pull out of the driveway when his red truck is parked out the front. The truck is part of his bike business as well.

Please show some tact when approaching the people named in my concerns. I'm terrified of being subjected to the same treatment as the disabled woman was for speaking up. But, I'm also terrified of losing my sanity in relation to the noise that comes from garage number 10.

The fact that council required a soundproof wall to drop a truck into the loading bay on that side is evidence in itself that the council acknowledges the impact of noise. The noise coming from this garage far exceeds the noise of a Woolworth's truck!

Sincerely,
Anonymous Resident.