Spa on the balcony

Hello FlatChat Forum!

The tenant  below our apartment recently installed a spa on his balcony that our balcony and bedroom looks out onto. The problem with this is that the spa is right outside our bedroom and the noise of the filtration (although a minor humming sound) can get extreamly irritating if you have to listen to it all day.

Further to this when our neighbour has people over in the spa we can directly hear their conversation and the flowing water (there is also a fountain installed in the spa) and there is no way for us to sleep. We have requested that he turn this down but he insists that he can use the spa until at least midnight every night.

As a result of this we moved our bedroom into the second room and our office into the room below the spa however the constant humming of the filtration process is driving us insane and the noise of the parties can still be heard. 

Our body corporate was informed of the plans to put the spa in by us (as we overheard our neighbour discussing this) and they did not act to ensure that a fair process was followed. They have also not co-operated with us in the attempt to find some sort of fair resolution. Finally the chairperson on the body corporate is friends with this neighbour and regularly uses the spa (hence the lack of co-operation)

Are you able to provide us with some guidance as to what we can do and who we can go to for legal help to remove the chairperson/body corporate and the laws that would apply in this situation as we feel like we are fighting a losing battle 

We live in Victoria.

Thanks in advance