Hotel torturing residents, Body Corporate does nothing

Hi all,

Yet again midnight on Tuesday, 07 December 2010:

I live in the west block, on the 3rd floor seaside and the music of the vent is loud, this being a disturbance which seems will never end as long as the Hotel exists.

On Friday night 03 December 2010, I went to speak to the hotel management about the excessive loud noise which is keeping me from peace and rest in my place, but ended up speaking to a lady, which happens to be on the body corporate as well as part of the hotel and redefine group if remember correct from a meeting we had few months ago.

On 14 September I send a letter of complaint to the body corporate about the manner in which they host the events, which is a disturbance and nuisance to residents.

Very little has changed although they have replied and said the hotel will not cause any further disturbances.

Well the lady whom happened to have interest in both the body corporate and the hotel, told me they are allowed to make noise till 12, although according to the conduct rules they are breaking all the rules as I clearly reminded them in my letter below, dated 14 September 2010.

This has to end immediately, this my home and I will not adjust my life and priorities according to the Hotel events.

They should surely sound proof and redesign the structure as it was never design to host events/temporary night clubs with this level of noise.

Are there any other residents having the same issues?

Please speak up.

Thank you

:::Below, the letter sent from the resident to the Body Corporate:::


TO:

The Chairman
Body Corporate
Upper East Side Development, Woodstock, Cape Town

Tuesday, September 14, 2010

NOISE DISTURBANCE AND PARKING NUISANCE – UES HOTEL

References:

Discussion between Emmanuel Spamer (Resident, Upper East Side) and Roger King (Executive Housekeeper, Upper East Side Hotel) – dated, 09 Sept 2010.
Conduct rules – Use of section and common property - p.39
Conduct rules – Behavior of owners, occupiers, guests, etc - p.41
Conduct rules – Parking - p.43
Conduct rules – Commercial units - p.47

AIM

1. This letter is submitted to notify of disturbance and nuisance caused by the Hotel events.

1.1. Resident’s concern based upon information provided in Reference A.

1.2. A formal response from the Body Corporate with regards to issues and rules.

BACKGROUND

At reference D, the rules state guests are only to use visitor parking bays.

On Thursday, 09 September 2010, 8.30pm, I arrived at UES to find my parking has been taken by a guest (attending the UES Hotel function), which left me nowhere to park as the rest of the underground parking areas were full.

At reference B, the rules state no noisy, injurious or objectionable trade or business and no nuisance or annoyance to be caused to any Owner, occupier or surrounding neighbours.

Opening the door to my apartment I was overwhelmed by the excessive loud music and noise made by the guests coming from the Hotel function held in lobby on the ground level.
As per reference A, I explained the issue with parking and noise disturbance to Mr. Roger King, where after he informed me these promotional functions will continue for the next couple of months, and I should have been informed about it the event.

Mr. Roger King, managed to arrange me a temporary parking bay for the night, however he could only apologize for the loud music and noise disturbance caused.

At references C & E, the rules state; No nuisances are to be caused especially in the form of loud music or irritable audible noisome sound and commercial units shall have due regard to the rights of occupiers of residential units, to privacy and peace and noise levels shall not exceed prescribed guidelines.

The music and noise disturbance from guests shouting and screaming continued till the early morning hours of Friday 10 September 2010, disrupting sleep and my intensive studies.

NOTIFICATION

As it is not the first time, I am seriously concerned with the Hotel turned into an occasional night club, for whatever promotion or function. Regardless of whether residents have been informed about these functions or not, the fashion in which they host the events are totally unacceptable and does not entitle them to cause any inconvenience or disturbance of any nature to the residents, in which case the hotel should control the parking, guest behavior and the sound levels.

As I live on the 3rd floor in the West block, it is proven the building is not designed to keep airborne sounds from travelling to the residential side of the development.

I trust these issues will be address immediately and no further nuisance or disturbances will caused by the UES Hotel hosting events.