Over the past couple of months one of my neighbours has started a personal gym from their parking space. Is this business allowed and if not what can we do about it? – Luke, VIC
Q: Over the past couple of months one of my neighbours has started a personal gym from their parking space (which can access the rest of the property). People come and go throughout the entire day from 6AM to 5PM.
Not only am I concerned about the personal COVID-19 dangers, but the public liability issues around injury and security of personal property. Is this business allowed and if not what can we do about it?
A: Generally speaking, conducting business within strata is prohibited because of the effects it can have on parking spaces, noise levels, and some more serious topics. As you’ve mentioned public liability and how insurance is possibly affected when businesses are involved.
If you have concerns, check your rules and speak to your owners corporation. If your neighbour has gone through the necessary steps to apply for special use of a certain area and it has been approved, then they are entitled to use the space in accordance to the application.
However, if that is not the case and they are using the space without the proper due processes involved it can be counted as a breach of the by-laws.
If you wish to make complaint, you can choose to write to the owners corporation using an approved form. Do be aware that the owners corporation may decide to take no action, although in that event, they must provide you with reasons for their decision.