Gym Operating in Unit Block

Discussion in 'Property Management' started by nickjf, 27th Nov, 2020.

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  1. nickjf

    nickjf New Member

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    Good morning all,

    Hoping to get some advice for a colleague of mine who is having some challenges with a tenant in their strata building.

    Long story short, a personal training business is operating 5am to 9pm roughly in the garage and common area of the building. None of which has been approved by the owners corporation. Strata manager appears to be ineffective.

    I am certain this would not be covered under the insurance policy for the building? Would the owners be exposed if there was an injury of sorts?

    Any advice greatly appreciated!
     
  2. inertia

    inertia Well-Known Member

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    Not sure it falls within a landlords responsibility, but probably worth people going to council about running an unauthorised business from home
     
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  3. Joynz

    Joynz Well-Known Member

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    Sounds like it might be an exempt use and fine if there are no genuine reasons for complaints about noise etc:

    Home Business: getting approval | Small Business Commissioner

    How does your friend know about this? Have there been complaints?
     
  4. The Y-man

    The Y-man Moderator Staff Member

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    Would be all sorts of common area insurance issues too.

    The Y-man
     
  5. Ted Varrick

    Ted Varrick Well-Known Member

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    Ask your colleague if they would nominate you, as a proxy for their OC vote, as their representative on the Strata Committee, assuming the OC has little/obscure/no insurance for (loose generalisation) risky decisions.

    Would you accept the nomination, if not, why not?

    And what is your opinion on the PT "business" in the garage?
     
  6. meffn

    meffn Well-Known Member

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    Check the bylaws. Most have a clause on noise, nuisance or obstruction. Assuming the strata committee is on board your side they can vote issue a breach notice. Otherwise put forward a motion at the AGM to issue a breach notice. Also consider putting forward a special resolution for a by-law addressing the issue more directly. But you need to clarify what the issue is? Is doing exercise in common areas not okay?
     
  7. Mark F

    Mark F Well-Known Member

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    I would go downstairs and join in a class. Refuse to pay as you are using common property of which you are part owner to exercise.
     
  8. datto

    datto Well-Known Member

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    Start selling roids.
     
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  9. skater

    skater Well-Known Member

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    Surely in the bylaws there's a clause that says that the gym is for the exclusive use of tenants of the building?
     

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