Casewatch Slideshows Out Now !!!

As I've posted before, I prepare Casewatch about important Australian strata and community title cases in easy to understand language for strata stakeholders.


And, here's an even easier way to learn about those cases with Casewatch Slideshows.  Where you can find out what the case is all about, what the issues are, the decision and how it affects you.


This one's about the Marana case decided by the NSW Land & Environment Court in September 2010.

Let me know what you think and watch out for my next Casewatch Slideshow.




Francesco ....

What Max Dunn Did and has Done (at ISTM)

ISTM has been around a long time (since 1982) and in it’s early days a few individuals worked very hard and gave a lot of time to make sure it happened, survived and prospered. 

Sadly many of the those people aren’t around anymore and most ISTM members never met them and may not even know much about them … which is a shame. 

But, in one case, some things live on. 

Max Dunn was ISTM President between 1988 and 1993 and was one of those people who showed leadership when it was needed and collegiate-ness at other times.  Max died in 1998 and his good friend, David Le Page, suggested the creation of an annual award in his name.

So, each year ISTM gives the Max Dunn Award to person who demonstrates those qualities and exemplifies camaraderie in the strata industry.

The recent award recipients are (in date order) are –

Max Dunn Award Recipients

2010      Colin Grace of Grace Lawyers

2009     Jane Lord of CHU Underwriting Agencies

2008     Elie Assaly of ALSS

2007     Bill Coles of Commercial Cleaning and Contracting

2006     John Coleman of Express Glass

2005     Dick Lawler (posthumously) of CHU Underwriting Agencies

Congratulations ISTM for honouring Max Dunn’s memory in this way and to the winners who carry on the tradition for all our benefit.

Francesco …

Billboards Target Strata Issues

Although strata buildings are highly visible they do not reveal what’s going on inside.  You can’t tell if things are going well, terrible or just okay. 

So, where would someone go to make those things known publicly?  The highway of course … well at least in the USA.

So, if you happen to be travelling around Las Vegas you might see these billboard signs that proclaim ‘WARNING Living in a HOA Community may be hazardous to your health’ and ‘HEALTH CARE ALERT Living in a HOA Community may be hazardous to your health’. 

That’s pretty heavy stuff but then it’s being done by www.HOA1.co which is group of owners who rally hard against the abuse of power on Home Owner Associations.  

Whether you agree or not, and whether you like it or not, it shows what the consumer can do in a world where free speech prevails.

Francesco …

Sustainable Strata Buildings are Growing Like Tulips

The whole world is focused on reducing energy use and making buildings sustainable.

So, there’s more and more proposals for green buildings ranging from simple to wild.  But, what I’m interested in the residential ones so, here’s another one from Netherlands called Zuidkas.

It’s commissioned by the Government Buildings Agency in the Netherlands, Architectenbureau Paul de Ruiter‘s design is centered around a rooftop-based ecosystem that will sustain and enrich the structure’s offices, homes, school, and restaurants in addition to a park, a biogas electrical plant and retail facilities.

Energy consumption is one of the key issues taken into consideration in the design. The residential units are designed to accommodate energy spikes during the morning and evenings, while the office spaces take advantage of steady rates through the middle of the day. The goal is to maintain energy efficiency throughout the building at different times during the day, providing the most efficient energy use while reducing waste.

The building will be encased in a glass shell that is designed to act as a buffer against elements of heat and cold. Additionally, plant waste from the greenhouse and toilet water from the building will be collected and sent to an on-site co-fermentation plant to be converted into biogas that will heat the tap water and parts of the structure.

It’s another example of what can (and should) be done in residential strata.

So, see you in a green(er) strata building soon.

Francesco …

It's ANZAC Strata Day

It’s ANZAC Day today in Australia which is a national day of remembrance to honour members of the Australian and New Zealand Army Corps (ANZAC) who fought at Gallipoli in Turkey during World War I. It now more broadly commemorates all those who died and served in military operations for Australia and New Zealand.

So, what’s this go to do with strata?  Well I thought I use the history of the ANZACs to draw some parallels with the way sometimes strata involves –

• struggling against enormous odds and in adverse environments,
• working closely with compatriots as ‘mates’,
• survival, and
• creating a legacy for others. 

The ANZAC Story

The ANZAC force landed at Gallipoli on 25 April, meeting fierce resistance from the Turkish Army commanded Atatürk. What had been planned as a bold strike to knock Turkey out of the war quickly became a stalemate, and the campaign dragged on for eight months. At the end of 1915, the Allied forces were evacuated after both sides had suffered heavy casualties and endured great hardships. Allied Gallipoli casualties included 21,255 from the UK, an estimated 10,000 dead soldiers from France, 8,709 from Australia, 2,721 from New Zealand, and 1,358 from British India. News of the landing at Gallipoli made a profound impact on Australians and New Zealanders at home and 25 April quickly became the day on which they remembered the sacrifice of those who had died in war.

Though the Gallipoli campaign failed in its military objectives of capturing Istanbul and knocking Ottoman Empire out of the war, the Australian and New Zealand troops' actions during the campaign bequeathed an intangible but powerful legacy. The creation of what became known as an  ANZAC legend became an important part of the national identity in both countries. This has shaped the way our citizens have viewed both their past and their understanding of the present.

So, let’s remember all those who fought and died in wars.

And, see you playing two-up later at the local pub.

Francesco …

More on Graffitti as Art

I’ve left graffitti alone for a while now on this blog but this quirky and interesting poster that depicts (in flowchart style) the history of graffiti art styles prompted me to go back to the streets for some art inspiration.

The poster has been produced to promote the exhibition PANTHEON: A history of art from the streets of New York City NYC where, on 2 April 2011, 33 graffiti writers and street artists will unite to reclaim the former Donnell Library as a repository of visual information on the growing world-wide phenomenon of street art.

The organizers say that this exhibition will present an art historical timeline that is a part of New York City’s unique legacy. The artistic contribution of these cultural catalysts and preservationists from the 70’s to the new millennium will address the ever-changing urban landscape and alternative modes of producing art in the streets.

Anyway, here’s another bit of cool graffiti to enjoy.

Francesco …

Small Apartments

High density usually means small spaces to live in and I’m always interested in how people live in smaller confines.

New York City is one place in the world where many people live in tiny apartments.  I’ve blogged about this before and, here’s another example.

This time it’s a zero bedroom apartment that comprises only 90 square feet (8.36 square metres) that was reported in the New York Times.  It’s rented by Kirsten Dirksen in the Upper West side and requires doubled use of some features (like a toaster that doubles as banana storage) and a bathroom that looks like it came out of an airplane. 

But it rents for $700 per month (which is $175 per week) which is really really cheap.

You can read more about it here and watch a video of how Kirsten lives there below.

It’s seems pretty cosy but maybe that’s what we all need to get used to.

Francesco …

Hurrah!!! NSW has a new Strata Minister

Well we’ve changed government in NSW and that means new people in charge of everything (including Strata Land).

So, let’s all welcome the new Minister for Fair Trading (the NSW government department that covers strata title and strata managers) …. The Honourable Anthony Roberts.

He’s the member for Lane Cove (a part of Sydney that has always had apartments but is undergoing pressure to increase density).  But, he’s new to being a Minister and has never been involved in strata.

So, Anthony has a lot to learn and even more to deal with to do a good job for strata stakeholders.

I’m on his side and urge everyone to do the same by telling him what he doesn’t know (and more) and giving him a chance to find out what he needs to know and make some decisions about what to do.  Anthony will already have a challenge with Clover Moore who’s been all over inner city strata issues for a few years now and introduced a private members bill to reform strata laws in late 2010 (which she will presumably try to pursue this year).

It’s interesting times with many opportunities in NSW right now.

See you on the hustings soon.

Francesco …

Not (just) Another Strata Expert

These days everyone’s an expert about something … even if they’ve only started doing it yesterday.

But we all know there’s a difference between saying your expert and actually being expert.  It takes time (years of working in a field to properly understand it), experience (handling all kinds of situations), thinking (about the issues beyond simple execution) and cleverness (seeing things for what they really are or could be rather than just pigeon holing things).

So, now there’s some true expertise in strata and community title in Australia at The Strata Experts.

The Strata Experts is new … and it’s solution to all things strata for everyone involved in strata.

It’s not a law firm, a strata manager, an accountant, an engineer, a strategist, a speaker, or mediator.  It’s all of those things and more.

As a multi-disciplined consultancy, The Strata Experts bring together the best people and organisations in all areas to work on your strata problem or needs.  On a one-off project basis or ongoing, The Strata Experts work their clients to define what is wanted (and needed), to match your budget and then do it all for you with whoever is best suited to the tasks and timings  All without you having to organise it, worry about it happening or stressing about the process. 

And, for most things The Strata Experts will work at guaranteed pricing.

All The Strata Experts have long term experience and expertise – so you know you’re getting the best help and advice.  And you’ll get updates and reports on actions, progress and complications – including on line real-time access to your Strata Experts’ workspace.

So, when you need something done in strata or community title … contact The Strata Experts.

And, Yes of course … I am one of the experts.

Francesco …

Florida Awards the best in Strata

Community association leaders and managers from all over Florida attended Florida Communities of Excellence Awards in March ceremony Seminole Hard Rock Hotel in Hollywood.

And the winners are!

Best Web Sites

Large: Nova Homeowners' Association, Davie

Small: Green Cay Village, Boynton Beach

Energy & Water Conservation/Sustainable Practices

Large: Vanderbilt Community Association, Naples

Small: Madeira Beach Yacht Club, Madeira Beach

Family Friendly Programs & Initiatives

Large: Island Walk of Naples, Naples

Small: Palm Bay Yacht Club, Miami

Safety & Security -- Recognizes programs, policies and procedures that protect and ensure the safety of residents and property

Large: Ibis Property Owners Association, West Palm Beach

Small: Turnberry Ocean Colony, Sunny Isles Beach

Florida-Friendly Landscaping™ -- Recognizes environmentally sound landscape, wetland, preserve and lake management policies

Large: Pelican Cove Condominium, Sarasota

Small: Heather Hill One Condominium, Dunedin

Disaster Preparedness -- Recognizes comprehensive planning for protecting lives and property and for restoration in the event of a disaster

Large: Ibis Property Owners Association, West Palm Beach

Small: Parkshore Plaza Condominium, St. Petersburg

Civic Volunteerism & Advocacy -- Recognizes associations that contribute to improving society through volunteerism and support of non-profit and charitable causes

Large: Village Walk of Sarasota, Sarasota

Small: Turnberry Ocean Colony, Sunny Isles Beach

Financial Innovation -- Honors innovative solutions to ease financial burdens while maintaining the quality of amenities and services

Large: Village Walk of Sarasota, Sarasota

Small: Jade Residences at Brickell Bay, Miami

Congratulations to all the winners.

See you in the sunshine state.

Francesco …

These People Should be Certified

Private certification of medium and high rise apartment development has been around for about 12 years in NSW and has copped a lot of criticism.

By privatising government regulation it opened the way for more efficiency and choice but (unfortunately) it also created opportunities for more genuine mistakes, more negligence, the temptation of undue influence and corruption.

But, there are some controls and things affected owners can do.

The Building Professionals Board monitors, regulates and disciplines certifiers and can accept and investigate complaints from anyone.  It has a very comprehensive website that contains the Disciplinary Register and reports summarising selected Complaints & Investigations.

In the latest report a few high rise cases are highlighted.

In one case, the certifier failed to identify that a car park was open deck and did not properly determine the building height, thereby certifying an apartment building which did not have sprinklers in the building and carpark, one fire exit instead of two, no fire control facility, no emergency warning system and no intercommunication system. After action by the Building Professionals Board, the NSW Administrative Decisions Tribunal reprimanded and fined the certifier $15,000.

In another case, a certifier did not properly ensure that fire safety measures were met in an apartment block and certifying tulip style door handles when they should have been single downward action handles.  The certifier argued that he relied on certificates provided by installers and the owner.  Interestingly, the ADT said that “an accredited certifier is expected to be skeptical of the reliability of a certificate presented by a trade supplier or installer as these document may be affected by a lack of detachment and partiality”.  The ADT reprimanded and fined the certifier $5,000.

And, in another case, a certifier did not properly certify two apartment buildings by making errors on separation distances between openings and boundaries, exit door swing directions, exit obstructions, inadequate exit signage and the fire rating of floor coverings.  The ADT decided that this certifier did not properly understand the public responsibility of his role and did not adequately manage certification (relying on others, delegating responsibility and not carrying out inspections). The ADT cancelled the certifiers licence, banned him from reapplying for 2 years, disqualified him from working in a certifiers office for 5 years and fined the certifier $12,000.

And the Disciplinary Register records the following since 2007 –

• 66 certifiers have been disciplined
• 32 of those certifiers have had more than one disciplinary actions
• One certifier has been disciplined 25 times
• The worst sanction against a certifier was a $15,000 fine and cancellation of their licence 

None of this is good news and it confirms anecdotal views about the (poor) quality of come certifiers.  But, it also demonstrates that complaints can result in action, that the Building Professionals Board is doing something and that the Australian Decisions Tribunal is making decisions that reflect common sense about the certifiers’ role.  

And, maybe some of those ADT decisions will also help civil legal actions by strata corporations against certifiers.

Francesco …

Another NYC Timelapse

Why do so many photographers and cinematographers focus their lenses on NYC? 

I suppose that’s because despite everything else there is that’s great about it, NYC is one of the biggest and most spectacular metropolis around with many, many huge buildings, even more people and water surrounding it.

Whatever the reason here’s another beautiful time lapse video of New York City by James Ogle.

Enjoy.

new york city. from James Ogle on Vimeo.





Francesco …

More High Rise Window Dangers

I’ve blogged before about the dangers of windows in high rise apartments for children and how we all need to make apartments safer.  But, the risks also extend to adults as this recent New York tragedy reveals.

Last week, a wall street executive died after falling from a fifth storey window on East 74^th Street in NYC.  Keith Mastronardi, 31, fell to his death while trying to open the bedroom window.  After spending the day in Central Park with his wife and 3 children he was enjoying a few martinis, turned to open window to let out some smoke, lost his balance and fell out of the waist-high window.

It’s reported his wife “heard a thud, the bang, and went to look out the windows and saw him there."

The apartment was not fitted with window guards, a requirement for NYC apartments with children under the age of 10.

The same risks exist in many apartment buildings around the world and it’s important we pay attention to this risk and make sure our strata buildings don’t kill.

See you hanging on tight when near open windows.

Francesco …

Smoke Gets in Your Strata Eyes

Smoking is getting in my strata eyes (and making me cry).

That’s because there’s been a fresh rush of news and debate about smoking in strata buildings (especially in NSW) and some of the comments are a bit hard to believe.

The most recent is an article in the Sydney Morning Herald on 2 April 2011 called

Debate fumes as Sydney Apartments Stub out Smoking.

Despite the sensational nature of recent reports, controls on smoking have been around for a long time and things are pretty clear (and not hazy).

In NSW (at least) things work like this -

• Strata laws have always prohibited owners from doing things in the common property or a lot that unreasonably interfere with anyone else’s use of the common property or a lot.  That could conceivably include offensive smoking odours or irritating smoke.
• Strata laws have also always prohibited owners from doing things in their lot that are a ‘nuisance’ to other owner or residents.  Since a legal 'nuisance' includes smoke and smells that always included smoking by-products.
• Since the NSW District Court decision in Salerno’s Case in 2004 (see Casewatch - Salerno v SP 42724) Courts have consistently upheld the validity of extra no-smoking by-laws and enforced them to stop smoking in common areas and inside lots.  So, there’s been no doubt about the validity of such by-laws.
• More recently the Consumer Trader & Tenancy Tribunal has been issuing orders to stop disturbing smoking (whether there’s a by-law or not).

None of this is very surprising since it mirrors other laws restricting smoking in public and other places and society’s views of smoking.  So, it's also hard to imagine that a merit based challenge to any new by-laws strata corporation's introduce prohibiting smoking in strata corporations will get very far. 

So, whilst New South Wales Council for Civil Liberties president Cameron Murphy might say about strata corporations that "The next thing is they'll be banning the drinking of coffee", he should realise that they probably legally can (and might).

But (of course) if that happens, even I’ll protest against it.

So, see you on the median strip with your cigarettes.

Francesco …

Building Quality Issues make Front Page News

In last week’s Australian Financial Review (7 April 2011) Ben Hurley reported about the perennial issue of the poor quality of high density building construction and defect claims about those buildings in an article called “The Lows of High Rise”.

A variety of strata experts and groups are quoted in the article which makes the following interesting points –

• Government often fails to include or recognise strata schemes in legal initiatives (like Queensland flood relief)
• Owners in some larger strata schemes are paying for community infrastructure (like road, street lighting and drains) without getting rate relief
• Many owners don’t understand the shortcomings of strata ownership
• Building certification has let strata owners down badly over the last decade
• Consumer protections for building quality for free standing home owners don’t apply in many buildings over 3 storeys where Home Owners Warranty does not exist
• Strata schemes are losing more cases (or finding more builders going into liquidation)
• Strata owners need to co-operate to get good outcomes when building defects occur

All these things are true and worth reminding everyone about.

But, it’s about time the critical issue of building defects makes the front page (and I hope it continues to do so) so that awareness increases and changes are made to improve consumer protections.

I’ve been involved in making defect claims for a long time and seen owner’s rights get watered down and eroded.  It’s wrong and I’m committed to trying to improve  outcomes on building quality issues for owners.

After all, when people spend hundreds of thousands of dollars (or more) for a new apartment they are entitled to expect and get a properly constructed building, for the building to comply with all building controls and standards and to be able to use their apartment in comfort, safety and securely.

So, see you in your defect free apartment and strata scheme soon.

Francesco … 

Strata Managers Round Up in the Wild West

Last weekend Western Australian strata managers got together in Perth for the Strata Titles Institute of Western Australia's  Bi-Annual Conference at the Joondalup Resort.

Over 3 days more than 150 people enjoyed some golf, a cocktail function and Gala dinner, presentations on emotional intelligence and handling conflict, by-laws, lot boundaries, lift modernisation, future insurance challenges, embedded electricity networks, business benchmarking, a panel discussion about the roles of surveyors, valuers and lawyers and keynote presentations by Colleen Egan (a Walkley Award winning journalist) and Patria Jafferies (Co Founder of Dome Coffee).

I'm told by those who attended it was a great few days and well worth the trip.


You can find out more about STIWA here.

Francesco …

Excellence in NSW Strata Rewarded

It’s important to remember that amidst the daily grind of working and doing the things that are needed by strata corporations there many people doing excellent work.

So, they need to be recognised for their efforts and praised for their successes.

And, that’s what the NSW Institute of Strata Title Management are doing (again) next month.

On 17 June, the 2011 Schindler Strata Industry Awards for Excellence Dinner is being held at Doltone House at Jones Bay Wharf.

On the night awards will be given to winners in categories for -

• Small Business of the Year
• Large Business of the Year
• Professional Commitment to Ethics & 
• Service Award
• Business Person of the Year
• Strata Manager of the Year
• Young Strata Manager of the Year
• Education Award

So, get out your tuxedos and ball gowns and come along to see the NSW strata winners shine.

Francesco …

Is this what they mean by Soft Pedaling?

I like cities and bicycles and bicycles in cities. But, this is on another realm.


It’s from our old friend Olek and was spotted under the Brooklyn Bridge on ramp in Dumbo, New York City. And it’s very retro-cool.


It’s a soft (and warn and cosy) way to ride.


Francesco …

Here in Noosa there’s plenty of Good Strata

The Queensland Sunshine Coast is well known for long and lonely beaches, great resorts, boating waters and sunshine.  It’s heavenly.

And from a real estate perspective, the Sunshine Coast is also strata heaven.

In the Sunshine Coast Noosa Heads is the centre of all that (sunshine and strata) activity and since I’m here for the CTIQ 2011 Conference I thought I’d highlight some strata features.

Firstly, there’s a lot of high density buildings that are used for residential, commercial and tourist purposes.  In Hastings Street (the main street of Noosa Heads) there’s over 70 medium and highrise buildings in less than 900 metres.

Here’s a link to an interactive geo map of the region showing buildings of over 3 storeys … and there’s more like this.

Secondly, there’s a lot of strata managers.  The local phone directory lists over ## strata managers in the area.

Thirdly, the local council (the Sunshine Coast Council) supports medium and high density real estate development.  They have developed sophisticated planning models and processes that, when viewed, facilitate high quality development (see their website page on planning controls).

Fourthly, everyone here is a supporter of strata title, medium and high density real estate.  They see it as one of the things that have improved the region and their lives.

It’s nice to see such universal support for strata and higher density living and such good outcomes.

I recommend everyone come to Noosa Heads and see what can be achieved with good medium and high density real estate development.

Francesco ….

What Defines Great Cities ?

Every great city has one or more things that define it.

And one of things that defines New York is the Manhattan city street grid system which turned 200 years old two weeks ago.

In 1811 the city’s street commissioners certified the no-frills street matrix that heralded New York’s transformation into the City of Angles — the rigid 90-degree grid that spurred unprecedented development, gave birth to vehicular gridlock and defiant jaywalking, and spawned a new breed of entrepreneurs who would exponentially raise the value of Manhattan’s real estate.

There’s a really interesting article about it in The New York Times including an interactive map that allows you to compare the 1811 proposed grid to the modern day map of Manhattan. They are remarkably similar.

See you at 45^th and 6^th Avenue soon.

Francesco …