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We have a residential strata (registered) with two large retail shops at the front, part of which is currently operating as a gym.
The retail section is still operating as a DP, ie it has never been registered as a strata plan.
The retail owners bolted two huge air conditioners to the common property of the residential development (I understand from the strata manager with the proviso that they would remove/fix them if they caused a disturbance).
One resident is particularly affected by the air con noise operating 24/7 for the gym. Retail owners say it is properly insulated but there is quite obviously no insulation. All strata manager is prepared to do is organise a meeting between the retail owner and the affected resident (who is quite rightly very angry as she was not consulted when the air con units were installed).
Question: As retail section not strata can it be taken to OFT?
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If it's not strata, then no, Fair Trading can't get involved.
However, there are laws about operation air conditioning, including that it can't be heard in a home between 10pm and 8am. (See THIS) There goes your 24-hour gym. Also, they would have needed Development Approval from council to install the air con – did they get it? I”d be very surprised. So that's another phone call you need to make.
This is all stuff your Strata Manager should know. Call number three would be to ask them why they didn't give you this advice and how they can justify their fees. Sounds like they are more interested in looking after the retail owners than the people who pay their bills.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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