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Sydney dad gets fined $250 just because his son was crying
Parenting a toddler is hard enough without having to worry about keeping them completely silent.
Unfortunately for Sydney dad Marley Evans, his toddler has landed him in hot water with his building's owners corporation.
Marley, a single parent struggling to make ends meet, was recently slapped with a whopping $250 fine by his strata managers for 'continuous noise' from his two young sons.
He's currently living with his mother in her Dee Why apartment along with his sons: 4-year-old Jackson, who has a developmental delay and is nonverbal, and spirited 2-year-old Finn.
Mr Evans with his two young children, Finn and Jackson. Credit: A Current Affair.
As any parent knows, crying and tantrums are a normal part of toddlerhood. But according to the fine, noises including 'yelling, screaming, crying and door banging' disturbed other residents—and Marley was expected to pay up.
'I feel quite, really upset, to be honest. It pushes us to the limit,' Marley told a news program.
What's more, Marley feels the fine is unjust since nobody approached him first.
'I would have preferred them to knock on the door, give us a warning and say: “Hey, look, can you try and keep it down?” but there was none of that. It was just a straight-up fine,' Marley said.
A month earlier, the family were also warned to keep their dog quiet.
Marley's mother, Sacha, who owns the apartment, has disputed the fine but claims the strata managers are demanding $210 per hour just to discuss it further. 'I thought that was very unfair, too,' Sacha said.
As a result of the fine, Marley feels like he has to constantly walk on eggshells in his own home. He's trying to take the boys to the park more often to avoid noises at home, but this can be challenging with Jackson's needs.
'Definitely walking on eggshells. It's quite annoying, to be honest, to live here and to put up with all of this,' Marley said.
Marley is pleading for understanding and compassion from his neighbours.
'Just to be easy on us, give us a fair go, just like everyone else. It's not fair what they've done to us,' he said. He and his mother are requesting the fine be revoked and an apology issued.
With the family's situation, another question comes to mind: is the fine itself even legal?
In accordance with NSW law, it is usual for properties to establish their own set of by-laws. These by-laws outline the expected conduct of residents, emphasising the importance of respectful behaviour that doesn't disrupt the peaceful enjoyment of the premises for others.
By-laws can cover a range of issues, including noise levels, parking regulations, pet ownership, smoking in communal areas, and the use of shared laundry facilities.
In instances where a resident breaches these established by-laws, the owners corporation, representing the property's collective ownership, can initially issue a notice to the offending neighbour, urging them to rectify the violation.
If the breach persists and the issue remains unresolved, the owners corporation has the authority to seek intervention from the NSW Civil and Administrative Tribunal (NCAT).
NCAT can then issue an order imposing a fine, with the funds payable to the owners corporation, as outlined in the Strata Schemes Management Act 2015, sections 146-147.
What are your thoughts on this story, members? For those of you who have experienced living in shared buildings or apartments, have you ever dealt with a noisy neighbour before?
How did you handle the situation, and what was the outcome? Please take a moment to share your personal anecdotes, advice, or solutions with us in the comments section below.
