Gym junkies jangling our nerves

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  • 16/03/2017 at 1:27 pm #10980 Reply | Quote
    NoPain
    Flatchatter

      We recently moved in as owners to a small strata block. The retail space directly underneath our apartment has leased to a professional gym. We have been talking with the owner over the last few months and they have made some adjustments to the level of noise. Although we continue to hear thudding.

      The gym operates from 5.30am in the morning to about 8am and again in the evening for a few hours. The noise is most noticeable from 5.30am onwards. 

      We spoke to the council who arrived twice at the wrong time to conduct a sound test with a accredited sound technician. Although we all agreed the timing was wrong and the sound not an issue at the time (in the evening) the council did offer to rethink coming back but has now confirmed there are no sound breaches under the Act based on the testing they did. We have not been provided the DA and our strata manager can’t seem to get a copy either.

      The sound technician later approached the owner and they both agreed to further testing. The owner was surprised at the results and unofficially they have said this is more than the allowed noise level.

      We are unsure where to go from here as the council won’t do any further testing and say there is no noise issue. The owners are making some attempts to take on the technicians recommendations but we have no accountability measures to ensure this happens. The strata committee are not interested in taking this further – many of them attend the gym and can’t understand our concerns. The strata manager has not replied any further regarding our concerns. 

      I am wondering if this is a breach of the bylaws (regarding not disturbing the peace and quiet enjoyment of others) given the gym is a retail tennant.

      We are concerned that the council has approved the retail space to be recreational and that there is no consideration about noise to residents except that allowed level which is still causing noise and irritation to residents.

      Do you have any advice, should we be seeking legal advice?

      regards

      Noiseaffected

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    Reply To: Reply #26732 in Gym junkies jangling our nerves
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