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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.
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.
We are just so surprised that a council thinks it is ok for a gym to operate at this time above a residential apartment….6:30 am would be more bearable… I am not sure we would be able to request a copy of the lease, but I will see if the strata manager can do this.
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.
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.