The Wave, West End

A Korean developer called Mirae Queensland Pty Ltd is in the final steps of obtaining development approval for an apartment complex at West End, just behind Stockland's Koko project. The development is called "The Wave" and is located at 321 Montague Street, West End.

It is an 8 storey development, proposed to have 424 apartments. There are a large number of studios and one bed apartments. In total, there are 563 bedrooms in the development. There are over 500 car parks. So this development will have a large number of apartments.

There will also be some retail in the development.

There have been a significant number of objections filed to the Development Application, so it is not certain whether or when this will go ahead.

Meriton Brisbane Update

From an email to me from Meriton:

"We do not have a time frame yet on when we will release our other development onto the market in Brisbane CBD, it maybe at the end of this year or early next year. The top 10 levels of Soleil are currently not for sale and will be kept by Meriton to lease out. Also we are now selling the apartments from level 2 to level 64 and there will not be any serviced apartments/hotel component in this building anymore. Meriton were going to keep levels 2 to level 30 and use these apartments for Meriton Serviced apartments but due to a lack of new development on the market, Meriton have now decided to sell all the residential apartments up to level 64."

Tennyson Reach Price Drop

From a Mirvac email:

"We have just been advised that commencing immediately the current prices have been reviewed offering substantial savings on most apartments. 3 Bedroom apartments now commence at $845,000."

Current representative prices for the off-the-plan apartments:

• 3 bed 2 bath, with family room, end apartment and floor-thu, 230sqm in total, level 4, for sale at $960,000
• 2 bed, 2 bath, 190sqm total (so very large), floor-thu, level 6, for sale at $810,000
• 3 bed, 2 bath, with family room, floor-thu, 235sqm, level 4, for sale at $1,165,000

Gold Coast Penthouses

From a Colliers email:

"Since early March, six penthouses have reportedly sold across the Gold Coast, from beachside Burleigh Heads to waterfront Hollywell in the north, for a combined total of almost $20 million.

The sales included the penthouse at Ivory in Burleigh Heads which sold for $4.185 million, Ultra in Broadbeach which was secured off the plan for between $3 million and $3.5 million, Pintari and The Inlet in Main Beach, both snapped up for $3.4 million, and Allisee in Hollywell for $2.6 million.

The City’s latest penthouse sale was in Chevron Renaissance’s spectacular Skyline Tower. It sold earlier this month to a local resident for $2.95 million in a deal negotiated by Colliers International Gold Coast’s Director - Prestige Property, John Natoli.

There has been a surprising number of penthouse sales on the Gold Coast in the last four months as vendors were meeting the market on price, driven by the global financial markets, and buyers were quick to act to secure solid investment opportunities – in this case prime residential property."

Google Real Estate Search and other links

Google Australia Real Estate Search and video

Sold Magazine for real estate agents
Property Portal Watch
Australian Property Investor
Investment Property Blog

Terry Ryder's View

A classic of this genre was excreted recently by the UDIA. The institute called it "an unprecedented overview" of the home-building industry in Queensland. It warned of "massive job losses" as well as an undersupply of housing and lost revenue. It blamed all the usual suspects: restricted land supply, excessive infrastructure charges and inefficient planning systems.

The UDIA called it "an alarming snapshot". I found it alarming too -- I was alarmed at how shallow and shameless this mission was as an exercise in self-serving propaganda.

It was strangely at odds with other reports from more objective sources. Colliers International residential managing director Grant Dearlove says in a recent report: "Over the past 18 months developers had moved away from apartments but they are coming back big time. Right across the country our residential directors have been inundated with requests from developers to work up new residential offerings."

Source: The Australian

Scared buyers put apartments on top

Will units continue to be a more affordable option? Not unless it becomes easier to build them. Analyst Michael Matusik says multi-unit building approvals fell 44 per cent in May and, while the data is volatile, medium-density dwelling starts are on "a serious slide south". This is despite lower interest rates, the economic stimulus and rising investor interest.

Matusik says high prices and restrictive buyer and developer finance are the limiting factors. A new apartment in a downtown city area (Matusik lives in Queensland) costs the buyer at least $8000 a square metre, putting the cost of a 69sqm two-bedroom apartment with one parking space at $550,000.

Investors buy close to 75 per cent of all new apartments, but they now need bigger deposits to do so. Twenty per cent is often the minimum and sometimes 25per cent to 30 per cent.

Growth in rents is also slowing and Matusik says he can't see investors rushing back into the new apartment market. He says most new units sold recently have been substantially discounted, often below replacement cost.

Some are also not that new in the sense they have been on the market for a long time.

Second and third-tier financiers are out of the market, so there has been a dramatic reduction in the amount of development finance available.

"Just 12 months ago, banks would lend on an LVR (loan to valuation ratio) of 80 per cent. Today they are asking 60 (per cent) to 70 per cent," Matusik says. Deposits must be in cash and developers are often asked to provide a profile on each buyer. "Even cashed-up quality developers can't make most of their new projects work under these conditions, and God help you if you need to roll over funds."

Matusik says there are no quick fixes and new apartment construction will be "sluggish at best" for the foreseeable future and even "dead in the water" unless the banks free up finance for such projects. The effect on supply and affordability should be obvious a few years down the track.

The Australian

It Seems that St George Doesn't Want Prices to Fall

This is what St George Bank (part of Westpac) says about housing prices..
"There are a number of key reasons why we are optimistic on house prices. These include low mortgage rates, the first-home buyers’ grant, relatively low vacancy rates and the sharp improvement in housing affordability. But there are also the important demographic fundamentals that should facilitate a lift in house prices over the medium term. These demographics include strong population growth. Population growth has accelerated to be at its highest level in 40 years. It is running at this pace at a time when there’s a national shortage of housing and when increasing housing construction is being restrained by difficulty in accessing funding and uncertainty about the economic and financial outlook. This shortage is set to get bigger over the next few years. This imbalance between demand and supply means prices should stabilise later this year and early next year, before price pressures emerge and gradually intensify over the next few years. In the short term, further falls in house prices are still likely. Most recent house price measures are still showing declines. These are most pronounced at the top end of the market."

Short term fall, long term rise.

Unbelievable Pricing

There have been a number of stories published recently about price drops for top end properties, where vendors sold for less than for what they paid. If it is a first resale of an apartment (or a new house in a development), the vendor may not have actually paid what the government records say, and may not have actually suffered a loss.

For new apartments, the original off-the-plan purchaser is sometimes given an incentive from the developer. The developer does not want to drop the sales price, because the developer wants to be able to report to past and future buyers that the prices are steady or going up -- when if fact they are not. So the sales price is written on the contract and reported to the Dept of Natural Resources as the sales price, but in fact the buyer is actually paying less.

This is clearly illegal. (Read this legal decision, paragraphs 14 and 15, if you do not agree.) The developer, purchaser, real estate agent and solicitors involved are all breaking the law doing this.

Sometimes the rebate is given as a straight cash refund at settlement. For example, here is text from a "contract instruction sheet" prepared by a Juniper agent for an apartment sale in Queensland, giving instructions to the lawyer to prepare the contract of sale (the purchaser did not end up going ahead):

"The Purchaser to receive a rebate of $500,000 at settlement of Contract"

Another way to do a similar thing is by way of a rental guarantee. I was offered a rental guarantee on an apartment, and was told that money could be paid to be as a cash payment at settlement to cancel the rental guarantee.

A third way to do this (and it is not clear whether this is illegal or not -- but it is dubious) is where the developer pays rates, body corporate or adds a furniture package "for free". For example, I have seen apartments offered for sale at $515,000 with the developer paying body corporate and rates for two years. The contract price will show $515,000, and assuming that rates and body corporate are $5,000 a year, then the purchaser is in effect only paying $505,000. But the records will show the sale as being $515,000.

So take care when buying from the first owner of an apartment or spec house -- the price in the records may not actually be the price that was paid by that owner.

Meriton

"Meanwhile, one of the apartment sector's great survivors, Meriton boss Harry Triguboff, is on the look out for a third Brisbane apartment site as the Sydney-based billionaire considers shifting more of his development north.

"When we came to Brisbane, we couldn't sell at all," he said. "But I believed what I had to offer was what the market wants." Mr Triguboff said he had been helped by the fact that other Brisbane CBD apartment projects had been shelved.

The Australian

"And so while Triguboff might be making money in the short term, he knows that long term if NSW keeps shooting itself in the foot, the population will leave for the greener pastures of Victoria and Queensland where they can buy a house or apartment for a fraction of the Sydney price."

Business Spectator

Brisbane

"Meanwhile recent investor confidence has buoyed Brisbane's luxury apartment market, according to analysts."

"Development group Pradella has sold 73 per cent of the 54 apartments off the plan at West End development Waters Edge."

Brisbane Times

"However, the forces affecting Brisbane are similar to Melbourne but the Gold Coast has an apartment oversupply. Both Melbourne and Brisbane are feeding on the fact that Sydney dwellings are just too expensive and the shortage is making the situation worse."

Business Spectator

Port Douglas

Queensland residential property analyst Bill Morris, author of the Midwood Queensland Investment Report, said there were almost no sales in new Port Douglas projects over the past quarter.

Units for sale in Port Douglas generally fetched more than $700,000 and anything in that price bracket in the state was struggling.

The strata market was highly volatile and speculative, he said. "It is overpriced and oversupplied," Mr Morris said. "It is a lovely place that does well in booms and badly in recessions."

See The Australian

Email from Juniper:

Sea Temple Resort & Spa – Port Douglas

Luxury 2 Bed 2 Bathroom Penthouse Apartment with Private Rooftop Jacuzzi & BBQ Pavilion

Was $895,000 Now $649,000 That’s a saving of $246,000!

Comes with:

• Large Master Bedroom with En Suite with Spa Bath
• Choice of Lagoon or Golf Course Views
• Massive Rooftop Terrace(120sqm) with Jacuzzi & BBQ
• Fully Remote Central Air-Conditioning
• Personal Lock-Up Garage
• Fully Furnished
• $30,000 a year leaseback for 2 Years
• 25% Discount off all Food & Beverage
• Body Corporate Levies Paid for 2 Years
• Fantastic discounts at Mirvac Hotels throughout Australia

Click Here to view the online video tour for this amazing Penthouse apartment.

Located in the heart of a rapidly expanding North Queensland tourist destination, Sea Temple Resort & Spa Port Douglas is a world-class facility catering for holidaymakers of all tastes.

Sea Temple Resort & Spa Port Douglas is situated right on the beachfront in Port Douglas and provides 136 apartments and beachfront Villas. At ground level the resort features include a fully equipped health spa, a spectacular lobby, restaurant and bar, set amongst the 3,000sqm resort lagoon pool with a pool bar. With the added advantage of being located between Four Mile beach and adjoining our renowned championship Links design18 hole golf course, Sea Temple Golf Club, Sea Temple Resort & Spa Port Douglas offers an irreplaceable lifestyle and investment opportunity.

Sea Temple Resort & Spa Port Douglas is one of the Juniper hot spots in Tropical North Queensland and appeals to astute investors wishing to add this vibrant and exotic location to their property portfolios.

Long-time Port Douglas real estate agent Tony McGrath said “in 23 years in the seaside resort town he had never seen such a discount before”.

Top End Not Looking Good

"Discounting by more than 20 per cent is commonplace for some top Gold Coast addresses and many houses and apartments are yet to sell. A property owned by the bankrupt entrepreneur Matthew Perrin sold on Albatross Avenue, in Mermaid Beach, in May for $2.75m after it was purchased for $4.375m in October 2005.

Former Sydney Swans footballer and founder of tourism group Breakfree, Tony Smith, sold his Hedges Avenue house at Mermaid Beach for $28m to IT entrepreneur Daniel Tzvetkoff - less than half the expected $60m. Now the half-finished mansion Mr Tzvetkoff purchased is to be sold after his company BT Projects was placed in administration.

Other prestige properties around the country are set to sell at sharp discounts, with many vendors shaving millions of dollars off the asking price."

See The Australian, photos and chart
The chart shows that people lost money in New Farm, Coronation Drive, Paddington, Hamilton, Hastings Street in Noosa and the Gold Coast.

"The sort of prices that were being paid were not sustainable and now we are back at 2001 and 2002 prices," Mr Fatouros said. He estimated prestige home prices have fallen about 25 per cent from their peak, with another a decrease of 10 per cent to go.

"I don't think we have seen the bottom yet," he said.

But one Gold Coast agent, who declined to be named, said there were more mortgagee sales to come. "The banks don't want to flood the market with pressured sales and are hoping for some recovery in prices," he said.

"They are drip-feeding properties on to the market."

The Australian

Mixed Use Buildings

This legal decision, concerning Admiralty Towers, highlights a problem that often arises in mixed use buildings. Admiralty Towers had a cafe on the ground floor associated with the onsite manager (and Open House Realty), that has been vacant for some time. At present, the by-laws do not allow cooking in the cafe.
http://rslr.justice.qld.gov.au/RSLRWEB/search/orderdetails.aspx?d=19542
Many new apartment buildings have mixed uses, that often raise disputes between residential tenants and other (usually commercial) tenants.

Sales in Brisbane City

Admiralty Towers One - 3 bed, 2 bath, 2 car, 148 sqm, level 19, sold in March 2009 for $1,200,000

Admiralty Towers Two - 2 bed, 2 bath, 1 car, 106 sqm, level 14 - sold in March 2009 for $725,000

Quay West - 1 bedroom, 1 bath, 1 car - 75sqm, level 4 - sold in April 2009 for $450,000

Riparian - 2 bed, 2 bath, level 41 - sold at auction for $1,400,000

Grosvenor - 3 bedrooms sold at auction for $1,535,000 on 3 July

Colliers Opinion about Brisbane

"Although Brisbane is at the bottom of the property clock, Colliers International believes still booming population growth will drive a market in which developers try to meet residential product demand. On that basis, the agency considers it a good time for investors in the Brisbane market. It also believes the residential sector will lead a wider property recovery, as it did during the 1990s recession.

The report concludes that Australia seems to be escaping the worst of the global financial crisis. 'In a time of rising unemployment, it's a big call to say the housing market is past six o'clock, but talking to real buyers sums up a mood hope, Dearlove added.

Source: PropertyWire

Price Drop at Parklands Sherwood

Pradella has decreased the list price for apartments at Sherwood. In my opinion, the city view apartments are great -- but there are few of these left. It is a very good development. Two apartment buildings are complete. There are 3 more apartment buildings that are planned (construction not commenced).

Apt 201 - 2 bed - rear view - ground floor - decreased to $509,000
Apt 203 - small 2 bed - rear view - ground floor - decreased to $485,000
Apt 204 - 1 bed - rear view - ground floor - decreased to $379,000
Apt 205 - large 2 bed - rear & side view - ground floor - decreased to $549,000
Apt 206 - large 2 bed - city view - ground floor - decreased to $559,000
Apt 213 - 3 bed - city view - ground floor - decreased to $690,000
Apt 214 - 3 bed - city view - ground floor - decreased to $699,000
Apt 216 - 1 bed - rear view - ground floor - decreased to $379,000
Apt 221 - small 2 bed - rear view - 1st floor - decreased to $495,000
Apt 222 - 1 bed - rear view - 1st floor - decreased to $385,000
Apt 223 - large 2 bed - rear & side view - 1st floor - decreased to $559,000
Apt 225 - small 2 bed - city view - 1st floor - decreased to $515,000
Apt 231 - 3 bed - city view - 1st floor - decreased to $699,000
Apt 240 - 1 bed - rear view - 2nd floor - decreased to $395,000
Apt 241 - large 2 bed - rear & side view - 2nd floor - decreased to $569,000
Apt 243 - small 2 bed - city view - 2bd floor - decreased to $525,000
Apt 250 - 3 bed - city view - 2nd floor - decreased to $719,000
Apt 251 - large 2 bed - rear & side view - 2nd floor - decreased to $575,000

Noosa

Terry Ryder, a real estate commentator, had an interesting article in The Australian on Thursday about investing in Noosa.

"The apartment market has done even worse, delivering growth averaging less than 2 per cent a year. The median unit price for the Noosa region today is lower than four years ago. This kind of subnormal performance is common among popular seachange locations -- contrary to the widely held belief that the Gold Coast and Byron Bay are great places to invest in real estate. They may be lovely places to live but that's a different matter. Investors want an affordable entry price, good income returns and high capital growth -- and they're unlikely to find any of the above in these markets."

Brisbane Apartment Recent Auction Results

• Felix, Apt 317, Level 31, 3 bedrooms, 3 bathrooms, over 150 sqm - highest bid $820,000, now listed at $950,000
• Willahra Tower, Apt 49, 2 bed, 2 bath, 96sqm, no bid at auction, now listed at $449,000
• Quay West, Apt 401, Level 4, 2 bed, 2 bath, 126 sqm, vendor bid of $600,000
• Roma Street Parklands, Building 3, Apt 3095, 3 bed, 2 bath, end/rear unit, vendor bid $535,000, listed at $600,000 and reported as sold
• Roma Street Parklands, Building 4, Apt 4046, 3 bed, 2 bath, lower floor with no view, vendor bid $550,000, now listed at $700,000
• SoHo South Brisbane, Apt 605, 3 bed, 2 bath, impacted by new bridge being built, highest bid $550,000, now listed at $600,000
• Toowong, 24/12 Patrick Lane, 2 bed, 2 bath, sold for $487,000
• New Farm, 7/38 Elystan Road, 2 bed, 1 bath, sold for $780,000
  

South Point at South Bank - New Website

South Point has a new website.

"Take a moment to appreciate the journey that a stroll through a palatial Southpoint residence offers. Once inside, the walls ascend forever and the warm, opulent timber floor implores you to remove your shoes. There are vast living areas, lavish dining rooms and king-sized bedrooms. Lean on the private bar, recline near the classic fireplace, and discover the divine natural stone top kitchen that forms a living space all of its own. There's even the rare luxury of a powder room. This is just a sample of what gives Southpoint Residences their unique difference - there is so much more to be experienced."

Map and Transport

RP Data Auction Results

RP Data Auction Results
These results appear to be more accurate than other auction result sources.

Units Gain Market Share

"Instead, many prefer the cheaper priced units and apartments, which also often are closer to the CBD. The affordability is especially a growing factor this year, as that section of the market has become the dominant force in the property market. ...
With the growing market share, units have also shown a stronger capital growth than houses in nearly every capital of the country. In Sydney, Brisbane and Canberra, units showed positive 12 month growth in median value up to February this year, compared to negative growth for house median values. ...
Another key is to make sure there is a parking spot included, something that can make a huge difference in demand, especially if the unit is in an area with few street parking opportunities. “No matter where you buy an apartment, never ever buy it without allocated parking,” says Wakelin.

What not to buy

There are, however, areas where demand is not so strong. For one, stay away from high-rise apartments, particularly in areas of overdevelopment such as the Gold Coast, the Sydney CBD or the Docklands in Melbourne, say experts.

“We find for investment purposes, high-rise apartments do not work,” says Wakelin. “They are very generic, so there’s little scarcity value with them.” Ryder agrees, saying investors should not be swayed by the magnificent views from atop beachfront high-rises in the Gold Coast. Investors should remember they won’t be living in these properties, and in the long run, they don’t show as much capital growth.

“There’s a lot of glamour in buying a high rise, but history shows it’s generally a poor investment,” says Ryder. “Put aside the emotions, and just look at the sums. You’re better off not buying something with an ocean view like in Surfer’s Paradise.”

He also says buying a used apartment is better than buying a brand new one.

“There’s a huge price differential with a new product and equivalent second-hand product,” says Ryder. “That’s simply because the cost of development is so high. The research shows there’s commonly a price difference between 30-40% between new and old apartments.”

That ultimately means for an investor that it’s harder to get capital growth out of a newer product. It might look nicer, but it will cost you in the long run. There’s also little scarcity in some areas for new product, such as the Gold Coast, where new apartments have been built without abandon. And once its no longer new, you actually lose that tag and that value.

“There’s a lot of risk in committing to buy something now and paying two years later, whereas the market can go in the wrong direction in that time,” says Ryder. “Plus developers tend to build that (expected value growth) into today’s prices these days.”

REA

Time to Invest?

"One thing is for sure, the worst of the credit crunch is behind us now and this environment is very favourable to property investment. This will provide the ballast that keeps housing markets stable through these turbulent waters."
REA

Some Owners Unable to Pay Strata Levies

"A call by debt collection agencies for reforms to the cost-recovery process for bodies corporate comes as apartment owners at a Brisbane building are locked in a legal fight with a resident, who had racked up a debt of more than $50,000 since 2004."

"In the Brisbane case, one of the owners in the 51-unit 1970s building on Leichhardt Street said that since 2004, the problem owner had not paid his strata fees or levies on time.

In two previous actions against him, one of the building's apartment owners, who did not want to be named for fear of retribution, said the problem owner ended up paying, with $20,000 of the $50,000 owed comprising legal fees.

"We have had two actions against him previously where he has paid on the steps of the court," they said.

"Because he is an ongoing serial pest, we should have some entitlement to say you are no longer entitled to be here."

The Australian

Gold Coast Bad - Midwood

On the Gold Coast, there were 79 new unit sales in the three months to May 2009, compared with just 49 the previous quarter. But it is a long way from the boom times of 2007 when 369 new units sold in the August quarter. The latest Midwood Queensland Investment Report says at current take-up rates there is more than four years' supply of new unit stock. In the past three months, nearly half of the new unit sales were in Meriton's Brighton on Broadwater project.

Midwood report author Bill Morris said most of these deals were in the sub $500,000 range, where the market was fairly steady.

Median price data from the Real Estate Institute of Queensland released yesterday reveals no change in the median price for units in the Gold Coast local government area.

The median of $345,000 for the March quarter is 3.4 per cent down on the previous year.

Real Estate Institute of Queensland chief executive officer Peter McGrath said price discounting had helped bring buyers back into the market at the upper end. "We've seen some receiver sales where people who bought a unit off the plan for $2.5 million, being sold for $1.6-$1.7 million," Mr McGrath said.

"Units that had previously been selling for $900,000 were getting $750,000."

In Brisbane, the unit market also is showing signs of improvement despite the median price for the Brisbane statistical division dropping 1.4 per cent over the quarter to $345,000. Over the year, the median has increased by 2.6 per cent.

There were 28 unconditional new apartment sales in Brisbane during the May 2009 quarter, the highest number since February last year. For the past 18 months, new unit sales have averaged 13 every three months.

The median price for all unit deals in Brisbane city has fallen 4.3 per cent to $440,000 in the three months to March 2009. Over the previous 12 months the median increased 1 per cent to $450,000.

The Australian and GC

Housing Prices Hold Up

"Of course it's not good news at the top of the market, but despite all the attention given to Mosman, Toorak, Peppermint Grove and Noosa, that's only a small fraction of total Australian housing and doesn't matter very much in the overall economic scheme of things."

The Age

Maintenance Fees

Interesting comment from another blog:

"I must admit I had no idea what I was doing when I bought my first apartment; Low fees meant I liked the building, without knowing anything financially about the building, I have since researched the other buildings I was also interested in, and to be honest I was just plain LUCKY I bought in the building I did, only after joining the committee did I realize we actually have a huge surplus as well as low fees ( that have actually gone down further since I bought)
I also think it's a huge mistakes for people who purchase an apartment or unit with a strata title, but fail to join the committee or even attend the AGM, Its probably their biggest investment they will ever make, but they don't care how, or who is running it."

Domain Blog

Union at Milton

Union at Milton has updated its website -- FKP has cleared the site, and is waiting development approval.

Off The Plan Contracts

This week, the Queensland Fair Trading Minister Peter Lawlor announced that the Government would be legislating in response to the Court of Appeal decision of Bossichix Pty Ltd v Martinek Holdings Pty Ltd [2009] QCA 154 handed down on June 5.

The Minister said:

"The Supreme Court last Friday dismissed an appeal where, in the first instance, the buyer of a unit in a community titles scheme was held to have validly terminated the contract based on a technical breach of the Body Corporate and Community Management Act 1997. The technical breach related to section 212 of the Act and the court held that the contract did not strictly comply with the wording required to be used by the section.

The decision means that buyers can now potentially avoid a contract purely on a technical breach of the Act, even if they haven't experienced any material detriment. This puts hundreds and potentially thousands of off-the-plan contracts at risk. It is a potentially serious situation for the development sector and the wider Queensland economy.

The issue is that this legal precedent could be used, for example, where a buyer simply regrets entering into a contract, or if the buyer could have purchased a unit or property at a lower price. This was never the intention of the legislation and creates great uncertainty for sellers and developers, particularly in relation to off-the-plan sales where there is a long period of time between execution of the contract and settlement. We cannot afford this uncertainty in today's economic climate.

At the same time, the Government is not looking to in any way water down the legitimate consumer protections encompassed in the Act - rather to correct a technical failure of the contracts to fully reflect the requirements of the legislation. All of the normal protections of the legislation will be preserved.

The Government will be introducing legislation next week to address this situation and ensure that both buyer and seller are returned to the situation they believed to be the case - and agreed to - at the time of the signing of the contract."

Lawyer's comment

Fire at Grosvenor

There was a fire at the Grosvenor Apartment building on Edward Street, Brisbane, this evening. The fire was on the balcony of a lower apartment. It was not a major fire, but was big enough so that flames could be seen from the street, and there was lots of smoke. About 5 fire engines attended.

Comment from a Reader re Oaks and Aurora

A reader kindly sent me this note, in response to a prior posting:

I am concerned about trends in the industry, whereby the Oaks are flouting the law by operating a hotel in a Classification 2 building. The Oaks has more money than any Owner’s Corporation, and they know as long as Brisbane City Council and the State Government of Queensland turn a blind eye to them, they can out spend any Body Corporate in our legal system.

I went to a recent auction run by LJ Hooker in Aurora, and the agent was late because he could not get up and down the lift (the Oaks closes two of their five lifts down between 10:00 am and 2:00 pm). When we finally got into the building, there were hotel guests unpacking and repacking their bags in the lobby. The lifts were crowded with students, overnight stays ....

It is no surprise to me that the auction of a $1.1 Million plus unit did not attract any bids. The vendor made a bid of $725,000, and about 12 people stood around, hands in pockets. After the auctioneer consulted with the owner and got instruction, the vendor’s bid was lifted to $770,000 and again no bids. I don’t know if this property ever sold. It was passed in on the day.

The presence of any hotel group, in my opinion devalues the units and lowers the general feel and look of a residential building and diminishes the lifestyle of resident owners. Other factors to consider are:

Don’t Owners get Higher Rents for Hotel Guests/Short Term?

Your committee and the Manager might try to tell investors that they will earn more money. Yes, their rents might be a bit higher, but that is only part of the story. With higher rents, come higher risks, such as risk of vacancy, more tenant churn, more wear and tear on common property and much higher Management Fees.

Management Fees are Higher

The Oaks tend to return to investors about 48% to 50% of the total rent collected, when the high management fees, charge-on costs and miscellaneous costs are all taken into account. I believe this to be in line with any other hotel group’s figures. Perhaps someone from the Oaks could confirm these figures.

Rental Pools – How do they work?
As an investor in a ‘hotel’, your unit is most likely going to go in a ‘rental pool’. It is impossible to tell how often your unit is let out, as the agreement entitles you only to a portion of the total pooled funds. That means that if your unit is a superior one, and is let fully, you will be subsidizing other units which may be inferior and not let out fully.

Hidden Costs?

There are lots of hidden costs to any investor from their hotel manager. One horror story involves an owner who double checked his statements, and each month they would be buying ashtray, glasses, microwave, mattress protector, etc. The Managers did not need to give any proof that the item was damaged or broken, they simply went ahead and bought these items, added a hefty commission and merrily went about spending the owners’ money, despite instruction from the owner that she would replace any items in the unit herself. Another horror story involves a man who went straight to the manager’s desk and asked if there were any vacancies. Yes, the manager said, just go to that phone over there and ring this number. The unassuming man went over and used the phone, the manager answered and earned 30% commission (out of the owner’s pocket) for the exercise. There are more stories where these come from. This is just scratching the surface.

Fire Regulations?

As indicated already, regulations appear to mean nothing to the Oaks. They run a hotel in Aurora, which is a Classification 2 Building, with inferior fire safety protection for the occupants.

How do Hotel Groups and bad Managers devalue units?

There are many drawbacks to a hotel group taking control of a residential building. Investors need to be aware that although it may seem that rents increase, their net income will drop. Aurora has shown us that units will be significantly devalued by the presence of the Oaks, or any other hotel group. Colin Archer was recently quoted at the Unit Owner’s Conference as saying that “if owners want to buy into a hotel, they should buy a hotel. If they don’t wish to live in a hotel, don’t buy in a residential building managed by any hotel group”, because he well knows the massive and negative impact a hotel operation has on the permanent, resident owners. One owner stood up and asked Colin Archer what owners in Aurora could do to protect themselves, because the Management Rights were sold to a Hotel Group to the detriment of owners. He started squirming in his seat. He is a director of the Oaks, and he was sitting on the panel with Michael Teys who sold him the Management Rights. They seemed to think it was quite a funny joke. After some good natured squirming, Colin Archer said that owners need to ensure a bylaw is in place with a three month limit on leases. To his credit (I think he wants to retain his right to practice law), Michael Teys stood up and corrected Colin Archer. He told the crowd that such a bylaw would offer absolutely no protection to owners.

Take also into account that backpackers, suitcases and crowds in the lobby negatively impact on any residential home. In Aurora, I believe that two of the five lifts are closed off to residents because of the cleaners activity between 10:00 am and 2:00 pm. Cleaners block not only the lifts, but the corridors of all of those unfortunate souls who live on the ‘hotel’ level. There is more wear and tear on common property, and the end result is that all owners pay a price – investors pay the financial price and resident owners pay the price of a diminished lifestyle.

Is there any upside to a Hotel?

No, not that I can see. Hotel Management Rights are there for the sole benefit of the managers, and to the detriment of both investor owners and resident owners. If someone can convince me that the Oaks have increased the value of the units in Aurora, or enhanced the lifestyle of all occupants, I will happily listen. Until I hear a good case for owners, I won’t be changing my mind anytime soon.

Mirvac Sues Many

Mirvac Queensland has recently launched a number of lawsuits in the Supreme Court of Queensland. These lawsuits appear to seek performance of off-the-plan contracts for Tennyson Reach, where the buyer did not settle. Buyers that have been sued include McGann, MG Taylor Nominees, O'Hagan, De Pasquale, Holland, Crooks, Douyere, Thompson, Ibencastle Pty Ltd, Beioley, Campbell, Horne, and others. It would appear that Mirvac believes that the apartments that swiftly sold a few years ago off the plan are now worth less than the contract price? In the third stage of Tennyson Reach, about 70 apartments remain for sale in the Farringford Building. There are at least 12 apartments in stages one and two listed for resale. When I visited recently, the development seemed like a ghost town.

Oaks Sells Out - To Brother!

Oaks has sold the management rights for 212 Margaret Street and Lexicon Apartments. The sale was to a newly created company partly owned by the brother of the CEO. I feel sorry for owners of any apartments that Oaks manages. You can read reports in previous posts about how Oaks is turning apartment buildings into short term stay buildings. I feel even more sorry for the owners that are now dealing with this new entity.
At the recent Oaks AGM, there were reports that angry Aurora owners questioned the CEO of Oaks, and that he could not provide sensible answers.
See ASX Release and follow-up.

Apartment House

Bovis Lend Lease, an Australian company, is building a wonderful apartment building in New York City - 535 West End Avenue.

Some floors are full floor apartments, and on other floors there are two apartments per floor. One of the smaller apartments is 5 bedrooms, 5 bathrooms and is 408 square metres in size.

Why don't we get this quality apartment house in Brisbane?

Suburbs With Greatest Number of Apartments List for Sale

See this chart for apartments with greatest number listed for sale. Chart is from RP Data's Property Pulse.