Thursday, January 31, 2013

Online Strata Dispute Resolution Tools


















It's inevitable that there'll be internal conflicts in strata buildings.  

But, when those conflicts are not resolved they can seriously affect strata corporation operations, reduce owner satisfaction levels and [possibly] reduce apartment values.  So, people involved in strata disputes need mechanisms and tools to help them.  And, in most cases, the more information, tools and options the better.


A new resource for Victorian strata corporations (in addition to VCAT, advice from strata managers and strata lawyers) is the Owners Corporation Conflict Management Guide for Victoria (OCCM).


OCCM describes itself as a web based tool designed to help informally manage strata conflicts and 'an easy guide to improved understanding for owners, occupiers, OC managers and lawyers looking for help with dispute resolution'.

The website contains examples of typical strata disputes, explanations of legal language, links to legislation, decided strata cases and background information about strata title issues.  Although the OCCM website won't solve your Victorian strata dispute, it will help you know more about it, your options and what you can do about it.  

So, if you're looking for help in your strata dispute, check out OCCM (even if you're not in Victoria).


Francesco ....

Tuesday, January 29, 2013

Is the Honeymoon Over for Aussie Strata Committees?


Australian strata committees have enjoyed a pretty benign life for the last 50 years.  

They haven't had to do too much, mostly defer to owners meetings on key decisions, rely on strata managers for most day-to-day operations and have not been sued very often or for very much.  

That is starting to change as the responsibilities and accountability of strata committees begin to increase.  But, how far will that go and will we follow the US pattern or not? If we do in Australia, then this slide from a recent US Strata Law Conference presentation might cause some concerns.

The slide comes from a presentation by Kevin Davis as the CAI 2013 Law Seminar about directors and officers liability in US community associations and whilst it is based on too a small statistical sample to prove anything, it is representative enough to give you a good sense of the US strata claims environment.  And, it's enough to make me worry for future strata committees who don't take more care about their decisions, actions and in-actions.



Interestingly, the statistics indicate that over half of the losses claimed against US committees relates to breaches of their fiduciary duties as committee members, breaches of their CCRs (our by-laws and management statements) and breaches of strata contracts.  And, the next 2 largest categories are for discrimination and EPL (employment practices liability).  

It may be a very different world for strata committees (and those assisting them) in the future if these kinds of claims become more prevalent in Australia and the end of the Aussie strata committee honeymoon.

Thanks to Kevin Davis and Clifford Treese for sourcing and providing this information.


Francesco …

Wednesday, January 23, 2013

NYC Awards Micro Apartment Design


 
Apartment sizes are coming down all over the world as space shortages and increased demand for city living clash.  So, all of us involved in high density real estate needs to improve smaller living spaces to make future [micro] inner city apartments decent places to live.

Obviously, New York is a great example of the problem with estimates that there is a shortfall of at least 800,000 apartments right now.  So NYC ran a competition for better micro apartment design with the winner getting to design and build a 55 apartment tower on city-owned land composed entirely of micro-units.  Mayor Michael R. Bloomberg says that it will be the first in a wave of tiny apartments aimed at addressing the city’s shortage of studio and one-bedroom apartments.

The winning team, a partnership between Monadnock Development, Brooklyn-based nARCHITECTS and a nonprofit that serves creative arts professionals, the Actors Fund Housing Development Corporation, created the design shown below.  Organisers said that 'small as it might be, the winning design was chosen for the way that it maximised light, airiness and storage space through the use of 9-foot-high ceilings, large windows, lofts and juliet balconies'.
























You can read more about the competition and award in this New York Times article by Vivien Yee.


Francesco ...