@CMartin said:
Thank so lady Penelope for your reply. I have spoken to the strata manager who has advised that the residential and retail space are under different by laws so neither by laws apply to each other and therefore no one is breaching these as they don’t apply.
If they are part of the same strata scheme then they come under the same by-laws, even though they may have by-laws specific to them. If they are separate strata schemes (unlikely)there is still relief available under section 233 of the strata Act.
Apparently the DA has approved the operating and sound levels and because the council has been out and deemed there are no sound breaches they are not breaching the lease.
Your local council will have noise laws that more or less match EPA sound nuisance laws. Have a look here for more specifics. A DA to run a gym does not give them the right to make excessive noise in prohibited hours. The coucil has piut this in the “too hard” basket. You need to get it back on their desks.
The EC in my view is very self interested there are certain things they take up but one member has clearly text the group to say our issue is only affecting one resident.
This is the most pathetic “do nothing” argument ever used in strata. The OC has a duty to look after all residents – including lone sufferers – and if there is a conflict, they should support the one who’s not breaking the law against the one who is.
I feel the EC and strata manager and the council are all negligent in taking this seriously and they all seem to think we should have to live with it or live somewhere else. Thanks for your comments, I guess legal advice is our next step.
You could perhaps tell them you are taking a Section 232 against them at NCAT and that you will apply to have all legal costs paid to you and you will make sure that all the other owners who will have to pay a special levy to cover your costs know that it’s because their committee refused to do the right and reasonable thing.
Also, you have the option of taking noise abatement orders against the gym and, given that your strata committee sounds like it has taken sides, this may be your best option. Have a look at the above link to the EPA web page.