NYC Street Art

It's been a while since I've featured any graffiti on this blog.

Here's some NYC street art by RETNA at the famous street art wall on the corner of Bowery and Houston Streets in New York City.

Enjoy!

Francesco ...

What's Wrong with Strata Renters?

I can't remember a time when there wasn't a distinction between owners and renters in strata buildings.  And these days I wonder if I ever will.


Despite most strata legal regimes providing renters with a range of legal rights vis-a-vis the strata corporation and obligations on strata corporations that benefit renters, most strata owners, managers and regulators ignore them.  


That might be fine if they represented a small minority of strata constituents.  But, recent research suggests that at least half the people living in strata apartments in NSW (and probably the rest of Australia) are renters and not owners.  So, they represent a significant interest group that should be acknowledged and supported.

That's why I was particularly interested to read a recent blog by my friends at MiCasa called Respecting renters gives valuable perspective and creates community.  They say "Instead of alienating renters, try bringing them into the fold. Encourage community engagement by allowing renters to contribute their ideas and experiences. Share building information and bylaws, so that renters get up to speed quickly on your strata policies."


And, even if you don't buy into the "build a community" notion for strata buildings, it makes sense on financial grounds alone to ensure that renters want to rent in your strata building.  After all, their rent is entirely funding that owner's strata levies.

Read the blog if you want to see a different perspective on strata's poor cousins.  And, challenge your thinking about the rights and value of renters in strata buildings.


Francesco ...

A Big Australian Strata Gathering in SA

When it's time to think about strata title nationally in Australia, it's time to think about Strata Community Australia.


And in late May this year SCA is holding a National Strata Industry Convention in Adelaide for everyone to see and hear what's happening.


Some of the highlights include -

• Alexander Downer speaking about international influences
• US Strata Industry leaders will give another perspective on strata trends & best practice
• 3 University think-tanks providing an academic overview of a few key strata issues
• The St James Ethics Centre giving new insights into every day dilemmas of strata professionals
• The keynote speaker - General Peter Cosgrove providing a unique insight into leadership and professionalism
• Plus, Eight interactive hot tub sessions with industry experts, a range of social events featuring Adelaide's highlights and lots of networking opportunities

The Convention runs from 27 to 29 May and you can view the full program or register at the Convention website.


So, why not come to Adelaide for some Australian strata?


Francesco ...

Unpaid Strata Levies End in Bankruptcy

Everyone knows that if Australian strata owners don't pay their levies they can be sued.  Most people know that when strata owners are sued they have to pay the levies, interest and the enforcement costs.  And, some people know that if strata owners don't pay judgements for strata levies they can be bankrupted.


It's not good news if you're a strata owner who can't pay their levies.


But, after a decision by the Federal Magistrates Court last year, things have become even worse for strata owners who don't pay their levies.


In that case, the strata corporation sued for unpaid strata levies and got a local court judgments for $4,561.  By that stage more levies, interest and enforcement costs had accrued which totalled an additional $8,338 and the strata corporation started bankruptcy action against the owner.  The owner obtained a local court order to pay the judgment by instalments and started making payments so that by the time the bankruptcy application reached hearing only $1,603 was owing on the judgement but the whole $8,338 remained unpaid.


The owner argued that only the amount still owing on the judgment and not the additional strata levies, interest and expenses of $8338.36 could be considered a debt due for the purposes of the bankruptcy application.  And, since the $1,603 owed was less than the $5,000 bankruptcy threshold, the owner could not be declared bankrupt.

The Federal Magistrates Court said that there was “no requirement that the debt relied on to support the creditor’s petition be a judgment debt, or even the same debt as the one that was used to create the act of bankruptcy”.  It went on to decide that -

• the $8,338.36 was claimed under section 80(1) of the Strata Schemes Management Act 1996
  
• section 80(1) allows overdue strata levies and interest to be recovered as a debt
• that meant that the $8,338.36 was a liquidated debt for the purposes of section 44 of the Bankruptcy Act
• that debt could itself satisfy the $5,000 bankruptcy threshold or be added to the amount outstanding under the judgment debt.

As a result was the owner was declared bankrupt.

As one legal commentator said "This is great news for Owners Corporations - and a wake-up call for owners".  


So, if you owe strata levies and judgements are entered, remember that you also have to pay the further accruing levies, interest and expenses to avoid enforcement by bankruptcy.


If you want to read the decision the case is Owners of Strata Plan 50164 v O’Connor decided decided on 5 November 2010.


Francesco ...

Sydney City Focuses on Strata Building Defects

Over the last few years the City of Sydney has been focusing more and more on strata buildings, strata owners and strata residents as part of its broader plans to make the Sydney CBD a better place to live.  


They've promoted residential zones, initiated improvements to strata laws, researched the impacts of strata development on the city and run education programmes for owners, residents and managers.


On Friday, 16 March they're also running a seminar about what strata owners can do to deal with building defects.  Speakers include Clover Moore MP, Dr Hazel Easthope, John Tansey, Rod Broune, George Zakos and David Baker and it should be an interesting and worthwhile session. Plus the more recent changes to strata owner's rights makes it even more important if you're in a strata building with defects.


So if you need or want to know more about this important strata title issue, come along to the Barnet Long Room, Customs House, 31 Alfred Street, Sydney from 6.00pm. You can find out more and register here.


Francesco ...

A Tall Building Bible for Urbanists

If you're interested in high rise buildings then this new book might be just for you


Consulting engineer Kate Ascher’s has written a new book called The Heights: Anatomy of a Skyscraper (Penguin Press, 2011) which examines of tall buildings in a sustainability-conscious age.  And, although it's US centric it still has interesting information and messages that apply anywhere in the world.


There's a more detailed review and commentary here.

And, of course, you can order it on Amazon.

Francesco ...

Lessons in Urban Sprawl (or Why Go High Density)

I've worked with high density buildings for a long time so for me it's natural to think that high density housing is normal, workable and desirable.  You're probably the same.  


But many people don't see it that way and favour low density sub-urban models for housing.  And, despite the many voices against urban sprawl it just keeps on happening.  So, it's good to remind everyone why urban sprawl is unsustainable and wrong.  


Now I've come across Aaron M Renn, who calls himself the Urbanophile, who is passionate about cities and says "I love cities.  They're magical places".  His blog and website is a treasure trove of information about city living and development and all the benefits that it brings - so check it out.


One of the more interesting things he features is the urban sprawl maps of US cities showing how far they've grown (out) over the last 50 years.  Like metropolitan Buffalo from 1950 onwards.

It's a pattern that's repeating itself all over the world to everyone's detriment.  So, let's re-think it before it's too late.




Francesco ...

Strata in the Apple Isle

For a long time Australians thought Tasmania was connected to the Australian mainland but we eventually learned that it was seperated by the Bass Strait.


Since then it's generally thought that Tasmania is a bit quieter than the rest of the country and free from many of the mainland's problems.  But it's not free of strata title!


In fact, strata title started in Tasmania in the 1960s and has developed steadily since then.  And, now there's going to a strata title conference in Tasmania hosted by SCA (VIC). 


It's being held at the Hotel Charles in Launceston on Friday, 30 March 2012 and includes a range of interesting presentations.  You can find out more and register here.


So, why not travel to the Apple Isle for a fresh taste of strata title?


Francesco ...






Francesco ...