Firstly, the new rules apply to commercial gyms and they are increasing the safety measures rather than closing them.
The last time I spoke to anyone at Fair Trading about this, they said they really didn’t want to intrude into people’s homes and felt that strata residents know their own circumstances better than anyone. And bear in mind that exercise is seen as one of the best ways of building your immunity against any virus, including Covid-19.
In the block where I live, the key has been to maintain social distancing and cleaning. You have to book the weights gym and there is a maximum of two people allowed at a time (including personal trainers).
In the aerobic gym (treadmills, stationary bikes etc), there is a maximum occupancy of five, Why the difference? Because the machines keep you socially distanced in a way that moving around a weights gym doesn’t.
Both gyms are deep cleaned for an hour every day, immediately after the morning peak. Hand sanitizer, antiseptic wipes and even rubber gloves are freely available in both gyms and expected to be used.
I know of a couple of strata gyms in large blocks like ours that stayed open even when commercial gyms were closed, because they instituted similarly strict regimens.
If you’re worried about your gyms, talk to your secretary or building manager (if you have one) about their thinking. I’m sure some blocks are just keeping them open and leaving it up to individuals to self-police, which isn’t an ideal situation either.
But to answer your question directly “can they close our gyms”. If “they” is either the government or the strata committee, the answer is yes, they can. But it will be NSW Health that issues the instructions (as they did with lifts).
Your problem might be if you have a committee that decides it’s easier and cheaper to close the gym as a safety measure, than institute sensible restrictions.
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.