Why not Visit a New City ???

Sometimes we can see urban landscapes in a different way through different eyes.
And, that's what's happening in this animation by Kangmin Kim called Visit.  It's very very cool and you can see it below or here.



VISIT_animation version from KANGMIN KIM on Vimeo.


Kangmin is studying for his masters in Animation at CalArts and this is his senior year project.  




Francesco

New Bosses at ISTM

The Institute of Strata Title Management (ISTM) had it’s annual general meeting and elections last Friday so it now has some new bosses (as directors) for the next 12 months as follows.

Directors for the Licensed Management Chapter

David Ferguson of StrataPlus (also elected President)

Sharyn Machin (also elected Senior Vice President)

Austin Robinson of Robinson Strata Management

Ossie Pisanau of Guardian Strata

Danielle Marchand of Pristine Living Strata

Directors for the Associate Chapter

Greg Haywood of Body Corporate Services

Chris Duggan of Bright & Duggan (also elected Vice President)

Directors for the Supplier Chapter

Paul Keating of CHU (also elected Vice President)

Bill Coles of Commercial Cleaning & Caketaking

David Bannerman of Bannermans, Lawyers

Director for the Group Title Schemes Chapter

Chris Chapman of the Manly Pacific Building

Francesco …

Buildings as Movie Screens … That’s Cool

We need to more imaginative about ways to get the best and most use from our buildings.  After all ... they’re expensive to buy and run and take a lot of work by a lot of people.

Just living in them and using gyms. pools, spas, barbeque areas and gardens is not enough.

In Chelsea, NYC one building was used as the projection surface for a multimedia which you can see below or here. 

Amazing Building Mapping - Vimeo Festival from Dan Ilic on Vimeo.

The video was shot by an Australian comedian, Dan Ilic. And it’s pretty cool.

I like it … and hope we see more and more of it in the future.

Francesco ….

What's a NABERS (and a BEEC) ???

Everything just gets more complicated as time goes by ... and now there's more rules about commercial building space.

On 1 November 2010 the Commonwealth Building Efficiency Disclosure Act 2010 starts new obligations on owners and landlords of large commercial office spaces to disclose energy efficiency information to purchasers and tenants.

The new laws apply to owners, landlords and sub-lessors who are selling, leasing or sub-leasing buildings or areas of a building with a net lettable area of 2000 square metres or more and requires them to -

• hold a valid, current building energy efficiency certificate
• provide a copy of building energy efficiency certificate to prospective purchasers or tenants
• include in advertisements for the sale, lease or sublease of a building an energy efficiency rating

The Regulations explain what information must be included in a building energy efficiency certificate (called a BEEC) which includes - 

• the net lettable area of the building
• the hours of occupancy for the building
• the energy consumption of the building
• the greenhouse gas emissions generated by the building
• an energy efficiency rating

Only an accredited assessor can prepare a BEEC and once issued, the BEEC must be registered with the Building Energy Efficiency Register and is valid for up to 12 months.


There's a transitional period of 12 months during which a valid National Australian Built Environment Rating System (NABERS) certificate can be disclosed in place of a BEEC.


And, there are some exemptions (importantly for strata titled property because there is no current way of rating those buildings) and anyone can apply for a specific exemption on a building by building basis.


Non-compliance can be problematic because there's fines of up to $110,000 and anyone who fails to comply more than twice in 12 months will be recorded in a non-compliance register.  Plus there's auditors with powers of entry to check on compliance and the accuracy of certificates.


So, it's pretty important for owners, landlords and sub-lessors to understand the new controls, get their buildings rated and comply with disclosure requirements.


You can find out more about the scheme at the Commercial Building Disclosure website.


So now I have to get rid of my NABERS for a BEEC.




Francesco ...

Eco Strata Scheme has great Website

It's funny what you find on the web.


Whilst searching for something else I came across the webpage of a strata scheme in northern NSW that really impressed me. 

It's called Billen Cliffs Village at between the villages of Larnook and Cawongla on the Rock Valley road (found on the map at the hub of the towns of Lismore, Kyogle and Murwillumbah in the Northern Rivers of New South Wales) and is a 115 lot strata scheme that was converted from a company structured co-op.

Some of the interesting things about them and that they do include -

• each lot is 2 acres in size
• the common areas total 200 acres
• community commercial areas are 20 acres
• re-afforestation & conservation areas are 300 acres
• the strata scheme recently received a Federal Government grant towards the installation of a 1kW grid-interactive solar system on the Billen Cliffs Hall
• the Billen Cafe co-op operates every Saturday morning
• a Landcare programme runs on Saturday mornings in the commons
• the Billens Cliffs market Day is held the third Saturday of each month at the Social Space
• most lots  operate on environmentally sustainable stand alone 12 or 24 volt DC solar systems with an inverter to provide 240V power

And, there's lots of good basic strata information too.

So, if you're considering an alternative lifestyle ... why not make it a strata alternative at Billen Cliffs Estate ?

See you in your hemp shirt in the woods.

Francesco ...

Battle for the Tallest Building in the USA

For most of the last century the fight to have the tallest building in the USA has raged between New York and Chicago.  And, the fight continues.

At the moment the distinction belongs to Chicago’s Willis Tower, which is 1,450 feet high. 

But that is soon to be eclipsed by the 1,776-foot One World Trade Center in New York that is now under construction.

Chicago had hoped to get it back with its plans for Chicago Spire, a 2,000-foot tower designed by Spanish architect Santiago Calatrava slated to overlook Lake Michigan. But financial problems have stalled construction since 2008 on the proposed luxury residential building.

Most recently, Anglo Irish Bank Corp. moved to foreclose on a defaulted mortgage valued at about $77 million including interest and other unpaid charges held by the developer, Shelbourne Development, according to a recent filing in Circuit Court of Cook County, Ill. Lorig Construction Co. of Des Plaines, Ill. earlier filed suit seeking about $512,386 for what it alleged was unpaid work on the project.

So another victim of the GFC is another tall building in the USA ... what a shame.


Francesco ...

Urban Art features Buildings

Alex Varanese is an American artist that likes pop iconography.

But his recent work called Urban Cartography II: The Metro is all about buildings clashing with urban space and life.  It's edgy, street-styled and harsh.

I like it ... and maybe you do too.

Check out his website and other art here too.


Francesco ...

ISTM & NCTI 2010 Conference Off & Racing Today

The 2010 ISTM & NCTI Conference starts this morning at the Convention Centre, Darling Harbour.

There’s 2 days of presentations, sponsors, lunches, dinners, information, networking, awards and happenings.   You can find out more here.

So if you’re in strata you should be there … I will be.

And since I can blog from anywhere I’ll be blogging and twittering some of the big news from the conference as it happens … so keep an eye out for things through the next few days.

You can find me on twitter @frankandreone.

Francesco ….

What's going on with US foreclosures ?

Current economic conditions (the continuing fallout of the GFC, the credit crisis, lower property values and increasing interest rates) have combined to cause more mortgage defaults and foreclosures.  And, that's especially so in the USA.


But, at the same time there's been a crisis relating to US foreclosures that has led to most US banks to stop foreclosures until it's resolved.


So, what is the crisis, what's the impact and how did it happen ? 


It's been discovered that the relatively strict procedures that need to be followed and the complete paper trail necessary in foreclosures was being shortcut by banks and their lawyers ... putting the lawfulness of the foreclosure at risk and making it challengeable.  So, banks have decided to hold foreclosures whilst they investigate the processes, correct them and/or make further legal challenges.


But the halt on foreclosure has a massive financial impact (on everyone) when you consider that estimates are that up to US$154 bilion in mortgages could be affected by the delays (source - Laurie Goodman, senior managing director at mortgage-bond trader Amherst Securities Group LP in New York).


What's ironic about this situation is that a multi billion dollar problem was caused by a US$75,000 mortgage.  And, it happened like this.


Nicolle Bradbury bought a tiny little house in Denmark (near the New Hampshire border) for US$75,000 about 7 years ago.  A .couple of years ago, Nicole lost her job and couldn't pay the $474 monthly mortgage payments so the bank (GMAC) started foreclosure action. 


But when the paperwork landed in front of lawyer Thomas Cox things became very non-routine.  Thomas was working at a nonproift legal centre but had worked in the foreclosure industry for years before that - helping to foreclose on homes that small business owners had put up as collateral.


On behalf of Nicole, he succeeded in getting the deposition of a GMAC ‘robo-signer’ who admitted that he didn’t read through the 400 foreclosures he signed each day including Nicole's.  So he argued in the foreclosure case to the Court that - 


'When Stephan says in an affidavit that he has personal knowledge of the facts stated in his affidavits, he doesn’t. When he says that he has custody and control of the loan documents, he doesn’t. When he says that he is attaching ‘a true and accurate’ copy of a note or a mortgage, he has no idea if that is so, because he does not look at the exhibits. When he makes any other statement of fact, he has no idea if it is true. When the notary says that Stephan appeared before him or her, he didn’t.'


The Court rejected GMAC’s request for a foreclosure and said that even when given the chance to file amended documents, GMAC still didn’t even include the actual street address of the house.


And, (surprise surprise) US lawyers are now looking at this case as a model for further litigation.


So, US banks need to check and change their foreclosure processes and probably re-do existing foreclosures to try and avoid the same arguments and outcomes.  It's a big problem that the finance sector, the real estate market and home owners don't really need.


Whether or not we have the same problems in Australia is not clear but I guess many lawyers will check this option now if they can (I would) when representing defaulting home owners.


See you in the foreclosure Courts ... arguing your case.





Francesco ...  

ISTM & NCTI invite owners & executives to thier Conference

I've already posted about the ISTM and NCTI 2010 Conference this month in Sydney (See ISTM (and NCTI) Conferences in Sydney).

But now ISTM says that 'strata living can be a complex business' and 'to stay on top you need all the help you can get'.

So ISTM and NCTI invite committee members and all strata lot owners to join it for a special forum with expert panelists on major issues aff ecting strata living, sponsored by the NSW Offi ce of Fair Trading.The forum is part of the National Community Titles Institute & Institute of Strata Title Management National Convention being held at the Sydney Convention Centre, Darling Harbour this month.

The Speakers include -

• Michael Courtney, Office of Fair Trading (OFT) on changes to the regulations and dealing with disputes
• Susie Willis, Petcare Information Advisory Service (PIAS) on - Pets and apartment living

You can also browse the strata trade exhibition to meet quality suppliers and consultants to the industry.


It's on Saturday, 23 October 2010 between 10.30am - 12.00 pm at Parkside - Sydney Convention & Exhibition Centre.


Tickets are only $10 and include morning tea. Numbers are strictly limited so to reserve your place please contact the Institute of Strata Title Management Secretariat on 02 9904 8499.

See you there.

Francesco ...

Buildings Partying at the Architecture Festival

It’s not just people who can have fun … buildings can too.  Especially when there’s an Architecture Festival.

I’ve already posted about the Australian Architecture Association (see Architecture (Really) Matters) and now they’re running the fourth annual Sydney Architectural Festival on 20 October 2010.


The Festival celebrates the city's architecture and aims to engage the public in exploring aspects in the built environment featuring an informative and entertaining program of architectural talks, exhibitions, films, seminars, tours and children's activities.  The Festival closes with Sydney Open - the bi-annual opportunity for the public to see "behind the scenes" of some of our most interesting buildings not normally open to the public.

Events will be held in venues across the city including Customs House, Sydney, the Museum of Sydney, the State Library, Object Gallery, Government House Sydney and the Powerhouse Museum.  Neighbourhood activities will allow a local view of sydney architecture.

See you and your buildings at the Festival.

Francesco …

Come to an Exhibition of Sydney's Urban Future ...

What will Sydney look like in the future ?

How knows for sure but the Sustainable Sydney 2030 exhibition curated by Mark Szczerbicki one way to see.

According to Mark the exhibition is based on the premise that "The year is 2030, and the city’s population has just exceeded 6 million. The metro carriages are due for replacement, Central Park’s tri-generation plant is operational and the new broadband network is reaching peak speeds of 9 gigabytes per second."

So, by using recent projects by architecture students from UNSW, UTS and the University of Sydney, along with key visions included in City of Sydney's Sustainable Sydney 2030 the exhibition shows us what it might be like here in 2030 through a variety of graphic and video media. 

Commissioned by the City of Sydney and curated by Mark Szczerbicki, this exhibition is being held at Customs House, Ground Level, & Exhibition Space, Level 2 between 20 October – 28 November 2010.  You can find out more here.

Opening night is on 20 October 2010 from 6.30 pm so come along and be part of Sydney's future.

Sounds pretty interesting.  So, see you amongst the futuristic high rises.

Francesco ...

Smoke on the Water … Fire in the Strata

Smoking has been under fire for many years now … but people continue to puff away on their tobacco sticks, cigars and pipes.

But many places have prohibited smoking (very effectively) and the number of prohibited locations continues to grow. 

However, strata schemes remain a bastion of smoking and the smoker. 

But who knows if that will last for very much longer as there are increasing moves to try to reduce or ban smoking in strata schemes.  Not just on common property ... but also in apartments, on balconies and on terraces.

So, what’s the true position today ?

All standard form by-laws do not say anything about smoking in the strata scheme … so it’s allowed anywhere without restriction.

Of course, causing smoke and odours to enter another’s private property could be a nuisance (in the legal sense of the word as a trespass) and can therefore be stopped by legal action via injunctions.

Additionally, causing smoke and odours to enter another lot or common property could breach other more general by-laws so owners and residents could get orders from strata Tribunals and/or Courts about the other by-laws.  This has happened in a few cases in NSW.

Strata schemes can also make by-laws prohibiting smoking on common property and a number have done so.  It’s relatively easy and generally a popular idea when suggested.

Some strata schemes have also made by-laws prohibiting smoking in the lots.  And, there’s a number of court decisions upholding those by-laws as valid and enforceable (for instance Salerno's case in NSW - see Casewatch 1997.01).

So it seems that whilst smokers can mostly enjoy their vice in their apartments for now the future could be a lot more stressful and smoke(less) for them if the anti-smoking lobby finds it’s way into your strata scheme.

So, see you with a Cohiba on the balcony later whilst we can still enjoy it.

Francesco ….

Graffitti’d Roller Shutter in NYC

Roller shutters are not the most attractive things in the world when closed (sorry Viking Shutters). 

But they can make great cavnavasses for graffiti artists as this spectacular artwork on a roll garage door in NYC’s Lower East Side shows.

Enjoy.

Francesco ….

Banksy makes Simpsons & is Graffitied too ...

Bansky's getting to be a bigger and bigger anonymous celebrity all the time.

Now he's directed the opening of a new episode of the Simpsons ..  watch it below or on You Tube.

And London art collective JBOY has created a Simpsons themed parody of Banksy in response.

I'm no longer sure whether art is imitating life or life is imitating art or art is imitating art ???

Francesco ...

Strategic Strata Schemes ... is it possible or just Alliteration ??

Can (and should) a strata scheme be strategic ?  

It's a question that many people have considered and it is becoming part of the new dialogue about strata scheme governance and management.  Michael Teys of Teys Lawyers recently issued a strata training note called 'The mission, vision and values of a strata community' which caused me to think about bit more about the issue. You can get a copy of the Teys Lawyers training note here.

In my view, when it comes strategy in strata schemes there's probably none.  

Why ?  Well here's my reasoning.

The dictionary definition of strategy is as follows.

strat·e·gy  (strt-j) n. pl. strat·e·gies

1.

a.  The science and art of using all the forces of a nation to execute approved plans as effectively as possible during peace or war.

b.  The science and art of military command as applied to the overall planning and conduct of large-scale combat operations.

2.  A plan of action resulting from strategy or intended to accomplish a specific goal. See Synonyms at plan.

3.  The art or skill of using stratagems in endeavors such as politics and business.

[French stratégie, from Greek stratgi, office of a general, from stratgos, general; see also stratagem.]

But a strata scheme is neither at war, or the military, in politics or running a business (although many commentators have tried to liken strata schemes to each and/or all of these).  Rather, a strata scheme is legal construct to share the ownership of a high density building for residential and/or commercial use and intermediate the various stakeholder and public interests.

So, strategy for strata schemes is a plan of action intended to accomplish specific goals.

But since strata stakeholders are extremely varied and they rarely have the same imperatives and interests there is not likely to be many (or any) common goals.  Additionally since each stakeholder is legitimately entitled to pursue their best interest and there is no need for any compromise by any of them, they do not generally converge on strata matters.

For instance, some owners are short term and some are long term owners,  some are owner occupiers and other never visit the strata scheme, some owners have not debt and other are heavily geared, some owners paid to much and other bought bargains ... the potential differences are endless.  And this is simply the owners ... it gets worse when you consider the non-owner stakeholders too.  So, it's not surprising that finding any common goals is unlikely and when it happens it is more a co-incidence and/or shortlived.

As a result, most strata scheme operation is driven by 3 things -

• Compliance - things happen because they have to either according to law or necessity.
• Crises - things get done when they break, there is legal notification or action or simply in response to concerted demands.
• Self Interest - one or more owners actively pursue thier own interests in and through the strata scheme.

It's haphazard, wasteful, unfair and ultimately an in-efficient use of strata scheme resources.

But to become strategic will involve strata schemes, their committees, managers and owners doing the following 7 things (which are all a bit new and different).

1.   Identify commonly supported gaols.  These need to be things that all stakeholders benefit from (even if in different ways and different proportions).

2.   Research and prepare options for achieving those goals (and the different possible outcomes) and the cost/benefits of each option.

3.   Canvass strata scheme stakeholder views on the options (not just owners) to discover unacceptable options.

4.    Understand that there may never be consensus and that any decision will to have opponents and detractors (and prepare for them).

5.    Make the best decision possible (rather than avoid or delay decisions)

6.    Implement the chosen strategy/ies according to the milestones and benchmarks (built into each option)

7.   Report progress to everyone (including successes, failures, delays, problems, results, costs, etc)

What do you think ... could it ever happen in strataland ?

If so, I'll be seeing you at the next strata strategic planning workshop.

Francesco ...