The Star Malaysia

How to treat neighbours from hell

- HELPLESS AND DISGRUNTLE­D CITIZEN

WHAT would you do if you have an upstairs neighbour who keeps running around the house, knocking and dragging objects on the floor? One might say “Sue him!” That is true, but what if you are from an average family who has no financial means to file a lawsuit against this nuisance?

My upstairs neighbours are like monkeys; they run around the house, constantly dragging and knocking objects on the floor regardless of the time. We have talked to them and also their unit owner (yes, they are tenants) but despite these efforts, the problem has gotten worse. They have since started shouting at us and making loud noises even at 4am.

Our Joint Management Body (JMB) has issued several notices to them. The Commission­er of Building (COB) has also issued let- ters to them and even paid them a visit. We have also called the police on our neighbours and even they couldn’t do anything.

I contacted two state representa­tives and a local councillor for help as well. I was informed that the local authority could not do anything since there is a management body in our apartment building. From what I understand, the Strata Management Act 2015 does not provide the JMB with legal power to control nuisance.

The Local Government Act 1976 provides that a notice could be issued by the local authority to require nuisance to be abated. However, the definition of nuisance in the Act does not specifical­ly mention noise.

If we were to look at Section 81(k) of the Act, it says “any other matter declared by the State Authority to be a nuisance”. This, I believe, gives the local authority the discretion to deem noise as a form of nuisance.

Since there is no precedent in taking action against the noise nuisance, the local authority is unwilling to take the first step by invoking Section 81(k) of the Act.

If even the local authority cannot do anything to help us, who can and will? Does this mean everyone living in an apartment building can do whatever they like to annoy their downstairs neighbours as long as the other party does not file a lawsuit against them?

The state government should look into this matter urgently as I believe a lot of people are in the same boat as my family and I. By-laws should be passed to specifical­ly legislate noise nuisance so that citizens will enjoy peace of mind.

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