We Didn’t Check – Now We Live Below a Madman at 2am

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By David Dawn, Licensed Conveyancer – Victorian Property Settlements

We thought we were moving into a peaceful, modern apartment complex.
Instead, we moved in under him.

Every night, sometime between 1:30 and 2:15 am, the howling begins. Some nights it’s shouting. Some nights it’s… other noises. We’re not prudes, but this guy is either a professional screamer or on some sort of caffeine-meth hybrid.

Either way, sleep is now a luxury. Our agent never mentioned this. The Section 32 didn’t hint at it. The Owners Corporation Certificate was silent. And so were the neighbours – until we moved in and they said:

“Oh, yeah. You’re below him? Good luck.”

Welcome to apartment living – where what you don’t know can absolutely ruin your life.

If You’re Buying an Apartment – Read This First

When you buy into a unit development or apartment block in Victoria, you’re buying more than just a home. You’re buying into a shared building with shared issues – and sometimes shared lunacy.

Here’s what we wish we’d known before we signed.

1. Visit at Night – That’s When the Real Story Comes Out

Never buy an apartment after just one daytime inspection. During the day, buildings are quiet. But night reveals the truth.

✅ Drive past on a Friday or Saturday night
✅ Park nearby and roll the windows down
✅ Ask: Can you hear voices? Bass? Screaming?

The person above you could be a full-blown midnight opera singer. And no agent will tell you that.

2. Get the Full Owners Corporation Certificate – and Read It

Legally, vendors must provide you with the Owners Corporation Certificate under Section 32. But most buyers flick past it.

Don’t.

Look for:

  • Records of complaints or breach notices

  • Meeting minutes (are there neighbour disputes?)

  • Any reference to “unit 14” repeatedly causing issues

  • Noise complaints, Airbnb issues, or major works planned

If you’re buying into dysfunction, this is where the clues usually hide.

3. Ask the Agent – Directly – About Noise

Agents can’t lie to you. If you ask about noise issues, they are legally required to tell the truth. But only if you ask.

So ask:

  • Have there been any noise complaints from this unit or others nearby?

  • Is the unit above or beside me owner-occupied?

  • Have neighbours raised issues with the owners corporation?

Ask. Then ask again. Then get it in writing.

4. Look for the Signs of Party Buildings and Short-Stays

Some buildings are full of quiet owners. Others are party hotels.

Red flags:

  • Key safes near the entry

  • Young groups coming and going with suitcases

  • High turnover in listed rentals online

If it walks like an Airbnb and screams like an Airbnb, it’s probably an Airbnb.

And if the apartment above yours is a short-stay? Buckle up. That’s a new crowd, every week, every mood, every lifestyle.

5. Read the Rules – Especially the Quiet Hours

Every Owners Corporation has rules. Some buildings enforce noise curfews, flooring standards, and quiet hours. Some don’t care.

Look for:

  • Quiet hours (ideally 10pm–7am or stricter)

  • Flooring regulations (Is hard flooring allowed?)

  • Balcony use rules (That’s where people smoke and party)

  • Pets (Cute or chaotic?)

No rules? No peace.

6. Ask the Owners Corporation Manager – Not Just the Agent

Call the manager directly.

Ask:

  • Are there any problem tenants or lots?

  • Is the building generally quiet?

  • Have there been any complaints recently?

They’re under no obligation to sugar-coat things. If they sigh before answering, that’s your warning.

7. Never Assume the Law Will Save You

Yes, you have a legal right to quiet enjoyment. But enforcing it is another story.

  • Police rarely act unless it’s criminal

  • Council investigations can take months

  • The Owners Corporation might send a letter (then do nothing)

  • VCAT? Good luck. Slow, costly, and usually fruitless

If you’re stuck under a madman, the only escape is usually to sell.

Don’t Let This Happen to You

If we had read the Owners Corporation documents properly…
If we had driven past at night…
If we had asked the agent harder questions…
We might not be sleeping with earplugs and white noise apps every night.

If you’re thinking about buying an apartment, don’t just fall in love with the unit. Look around. Listen. Ask. And then get a professional to review it.

Victorian Property Settlements can check your contract, review your Section 32, inspect the OC docs, and tell you if you’re buying into trouble – before it’s too late.

Visit: www.victorianpropertysettlements.com.au