The Finances of Litigation

January 31st, 2012 by Netstrata Updates  | No comments »

Financing any form of litigation is extremely expensive and building defect litigation is no exception. In fact, because construction defect cases often involve multiple rounds of testing and investigation, additional expert fees can make this one of the most expensive forms of litigation.

Using Reserves

By their nature, building defect cases tend to arise early in the life of a scheme when capital reserves will be low or non-existent. However, if there is money in the sinking fund, this can be used to finance litigation to the extent that the claim relates to repair, replacement, restoration or maintenance of major components for which the sinking fund was established.

Bank Loans

Some banks will lend money to strata schemes to maintain and repair common property but so far this has not extended to financing defect investigations and litigation. Owners corporations and community associations are not permitted to give security for such loans and this makes financing litigation difficult.

Solicitor’s Finance

Unlike the current trend in America, construction defect lawyers in Australia are unlikely to finance testing and repairs or other outlays like barristers fees because of the constraints in Australia on contingency or success fees. The practice of advancing money for outlays or extending credit for work in progress is fraught with conflicts of interest on the part of the lawyer in terms of being objective about the advice to the client when the lawyer has a financial interest in the outcome. 

Thanks to Teys Lawyers

Housing Review a major step forward

January 30th, 2012 by Netstrata Updates  | No comments »

The NSW Government’s review of potential housing opportunities reported in the media today shows the government’s commitment to boosting housing supply and increasing affordability in a common-sense and transparent way, UDIA NSW believes. In what is one of the biggest steps forward for NSW housing supply for years, the Government has given a commitment to pursuing housing opportunities where the landholdings are, rather than designated growth areas that suffer major land fragmentation issues. Late last year Planning and Infrastructure Minister Brad Hazzard made a public call to developers with large landholdings, close to infrastructure, to approach the State Government with their projects, in recognition that residential development in NSW had stagnated for many years. This month, the Government published online the results of that process: a list of 43 sites which are potential candidates for rezoning for urban development under the Review of Potential Housing Opportunities on Landowner Nominated Sites. In the Sydney region, the sites are in the local government areas of Auburn, Blacktown, Camden, Campbelltown, City of Sydney, Hornsby, Liverpool, Penrith, Pittwater, Sutherland, The Hills, and Wollondilly. Regionally, the sites are in the local government areas of Cessnock, Clarence Valley, Hawkesbury, Port Stephens, Wingecarribee, and Wyong. Submissions closed on November 29 and the review process is predicted to be finalised in the first quarter of this year. The projects are being assessed on three criteria, according to the Department of Planning and Infrastructure’s website: 1. Housing delivery: The site is suitable for urban development and has viable prospects to produce houses in the short term. 2. Infrastructure: Infrastructure and services for new communities will be delivered in a timely and efficient manner and at no additional cost to Government. 3. Strategic setting: The proposal supports the broadly planned pattern of growth and urban policies. The process is governed by a Chief Executives’ Review Committee, which is chaired by the Director-General of the Department of Premier & Cabinet. Recommendations will then be made to State Government. Consultation will take place with the relevant Councils to seek their feedback on the proposals. Today, in the Sydney Morning Herald, Minister for Planning and Infrastructure Brad Hazzard said many of the nominated sites were outside the growth centres and that the growth centres strategy had failed. “The lines on the maps for the growth centres are supposed to encourage development in those areas, but it has not worked and the corollary has been it deterred development outside these lines,’’ Mr Hazzard told the newspaper. UDIA NSW believes this process shows the government is deeply committed to fostering housing growth and that it is also being transparent about the process and consultative with councils, which is essential. UDIA NSW Chief Executive Stephen Albin said says he believes the process is a realistic approach to fostering development where the landholdings are, rather than simply rezoning land in areas of fragmented ownership. “Our own research, which we have put to Government, clearly shows that the large sites where the landowners have been ready, willing but not yet able to develop are largely outside the growth centres,’’ he said. “It is clear, for the state to meet its future population and economic growth targets, that the process needs to take into account achievable development rather than operating off a wish-list that may not be viable or achievable.’’ “We support development that is led by the realities of the industry, whether it is inside or outside a growth centre – so long as it is commercially viable, sustainable, and supported by the appropriate infrastructure.’’ “As an industry group, we feel it is important to stress that this process is one that will benefit the state as a whole, in terms of housing affordability and economic growth.’’

Thank you to UDIA NSW for this Article

Happy New Year! from Netstrata

January 24th, 2012 by Netstrata Updates  | No comments »

Happy New Year, to all our Owners and Clients wishing you a healthy and successful 2012.

Industry Market Wrap

December 13th, 2011 by Netstrata Updates  | No comments »

Based on ABS data released this week, a surge in construction activity commenced over the September quarter with the total value of work completed increasing by 12.5%. Most of the rise was driven by engineering works (up 22.6%) while the building sector saw an increase of just 0.6% in value over the quarter. Looking deeper into the figures, residential construction hasn’t seen any of the improvement with the value of construction work down 1.1% over the quarter and 3.9% lower over the year. The stronger than expected construction figures highlight the two speed nature of the economy. The value of engineering work (mostly attributable to the resources sector) was up 22.6% over the quarter and 48.9% over the year while construction activity across the non-resources sector remains pretty much flat.

The RP Data-Rismark Home Value Index results for October 2011 will be released on Wednesday of next week. The results, which will reflect market conditions pre-rate drop, are likely to see a continuation in the weak trend that has been evident since the start of the year, however recent months have seen value declines levelling. In October, consumer confidence was still low, together with a high volume of stock available for sale, low auction clearance rates and interest rates at an above average level which suggests more of the same conditions. Given that October was the last month in which official interest rates were at 4.75% before the 25 basis point cut in November, the next few months of data will be interesting to analyse to see if volumes or values show any inprovement.

Thank you to R P Data for this Article

 

Housing and Occupancy Costs

December 13th, 2011 by Netstrata Updates  | No comments »
 

The Last week the ABS released the results of their 2009/10 Housing and Occupancy Costs Survey which had some very interesting findings pertinent to the housing market.

Last week the Australian Bureau of Statistics released detailed results of their Housing and Occupancy Costs Survey for the 2009/10 financial year. The release has lots of good quality data relating to the household sector with the most significant finding being that renters pay a larger proportion of their income on housing costs than those with a mortgage.

The average housing costs in 2009-10 were lowest for owners without a mortgage who paid an average of $35/week in housing costs, ranging from $30/week in Tasmania to $44/week in the Australian Capital Territory. As these owners have paid off their homes, these costs are likely to relate to: rates, electricity, utilities charges and maintenance costs. Across the nation, owners without a mortgage were spending just 3.0% of their gross income on housing costs.

 

Owners with a mortgage were paying $408/week in housing costs with $35/week attributable to occupancy costs and $373/week dedicated to paying the mortgage. Mortgage holders in Tasmania paid the lowest amount ($279/week) while mortgagees in the Northern Territory paid the greatest amount each week ($486). Across the nation, owners with a mortgage were spending 18.0% of their gross income on housing costs.

Renters were typically paying $275/week towards their housing costs in 2009/10 across the country. The occupancy costs for renters are likely to be lower than those for mortgagees or those who fully own their home as rates and utilities are generally paid by the property owners. On a state-by-state basis there were much wider variations in these costs ranging from $178/week in Tasmania to $323/week in the Australian Capital Territory. Across the nation, renters were spending 20% of their gross income on housing costs which is a greater proportion being spent than those with a mortgage.

The survey results also showed that the vast majority of Australian’s were living in a house which they either owned outright (32.6%) or had a mortgage on (36.2%). Although 28.7% of homes were being rented, the figure ranged from 25.0% in Tasmania (the country’s most affordable housing market) to 39.5% with the Northern Territory.

Focusing on household characteristics, one family households account for the largest proportion of all households at 70.6% across the county. Interestingly, couples with dependent children (26.3%) and couples only (26.2%) account for an almost equivalent proportion of all households. Lone person households account for almost a quarter of all households (24.5%) while group households (3.3%) and multiple family households (1.7%) account for a small overall proportion.

 

Detached houses are still the dominant dwelling type across the country, accounting for 78.6% of stock with semi-detached properties (10.4%) and units (10.7%) each accounting for around 10% of overall housing stock. Separate houses are least prevalent in New South Wales (73.7%) and most prevalent in Western Australia (86.0%).

Across the nation and across all ownership types, just 5.5% of households are paying more than 50% of their gross income on housing costs. Without delving deeper into the results you’d anticipate that this would be the result of owners with a mortgage however, only 6.9% of owners with a mortgage spend more than 50% of their income on housing costs compared with 9.1% of renters.

Most measures of mortgage stress suggest that if you are spending more than 30% of your take home income on your mortgage you are in mortgage stress. The results of this survey suggest that in June of last year 23% of home owners were in a position of mortgage stress. 

The results of this survey are quite interesting and it is disappointing that the ABS only undertakes the survey every two years. The most interesting finding is that renters are paying a larger proportion of their income towards their housing costs than those with a mortgage. This is reflective of the fact that mortgagees are typically earning more than those renting but it also highlights that as mortgage holders pay down their debt they are probably looking to refinance to pay less on their mortgage. This would have been increasingly occurring over the past 12 months with the volume of refinance commitments rising substantially.

The other particularly important finding which is inter-related was the fact that the vast majority of owners with a mortgage were paying less than 25% of their income on their housing costs (66.4%). On the other hand, only 6.9% of mortgage holders were spending more than 50% of their income on housing costs.

Thank you to R P Data for this Article

Housing demand set to increase on the back of higher population growth

December 13th, 2011 by Netstrata Updates  | No comments »

22,771,649. That’s the estimated total of Australia’s population.  According to the Australian Bureau of Statistics there is one birth every 1 minute and 46 seconds and an Australian dies every 3 minutes and 40 seconds.  Every 2 minutes and 44 seconds there is another international migrant crossing the Australian border.  Overall the Australian population increases by one person every 1 minute and 31 seconds.

Population and more importantly, the change in population, is intrinsically linked with housing demand.  To put it simply, more people means more homes.

Unfortunately, for such an important indicator, we only see quarterly updates of Australia’s population estimates at a macro level (ie national and state).  More geographically granular updates are released only annually.  Additionally, there is a long time lag for updating population data.   The official estimates at a state and national level are currently up to date as at March 2011 with the June quarter estimates due to be released on December 19th.

As can be seen from the graph below, total population growth has eased since peaking back in the March quarter of 2008 (+0.63% over the quarter – note that there is some seasonality in population growth and Q1 typically shows a higher rate of growth than other periods).  Part of the slow down can be attributed to the migration cuts brought in by the Federal Labor Government (the migration intake quota was virtually halved).  Additionally we have seen a swift rise in the number of permanent and long term departures from Australia which has only recently started to reverse.

In fact, based on the more timely migration data released by the ABS (migration data is released monthly, about a month and a half in arrears – so quite a timely data set in comparison with the demographic statistics report which is quarterly and released about six months in arrears) we are now seeing an ongoing trend of higher net migration rates; fewer residents leaving and more new or returning residents arriving.  The migration data is also quite seasonal, with spikes being recorded during February and July each year.

On a rolling annual basis, the September results for net migration were the highest since August 2010.  This is likely the result of the improved migration intake, with the Federal Budget announcing a 10.5% uplift in the skilled migrant intake and a 7.4% increase in the number of migrant families.   The trend of fewer long term and permanent resident departures is also helping to drive the net migration figures upwards.

Almost without doubt, as the ABS progressively release the new demographic data for the June and September quarters of this year we will see an improvement in population growth figures.  Theoretically the uplift in population growth should translate to greater housing demand; so we should start seeing that reflected in some improved dwelling approval and commencement figures.  That will be a welcome development by the residential building sector where the latest construction data from the ABS showed the value of residential construction was down 3.9% over the year.

Thank you Tim Lawless from RP Data for this article

NSW lagging behind all states on housing approvals.

November 14th, 2011 by Netstrata Updates  | No comments »

The  building  home approvals  figures  released  by the Australian  Bureau  of  Statistics  today  for September, have NSW’s approvals at half that of Victoria which has a lower population. For every 10,000 people NSW has 47 approvals to Victoria’s 109 approvals and Queensland’s 73. NSW was the lowest in Australia on a per capita basis.

The  Urban  Taskforce’s  chief  executive,  Chris  Johnson  said  “while  the  previous  month of  August did show a more positive trend for NSW this seems to have been due to unusual circumstances”. “These results for September 2011  compared to ten years ago for the same period represent a34% reduction in home approvals, Chris Johnson said. 

“While it is admiral for the state government to announce the rezoning of thousands of housing lots in Western Sydney, the reality is that many of these are not turning into approvals.   This may well be due to high levies imposed on new housing lots in NSW. 

The  NSW government  needs  to address  this  critical  issue  as  to why   NSW is  lagging  so much behind other states”, Mr Johnson said  The  Urban  Taskforce  is  a property  development  industry  group,  representing  Australia’s  most prominent property developers and equity financiers.

Thank you Urban Taskforce for this article

Melbourne Cup Lunch

November 10th, 2011 by Netstrata Updates  | No comments »

Netstrata celebrated the Melbourne cup last week with a lunch and some team building games then we stopped to watch the big race.

Many thanks to lishas catering for the wonderful buffet they provided and well done to all those who spent time making their outfits and hats for the hat parade. It was a fantastic day enjoyed by all, even if we bet on the wrong horse.

 

Netstrata welcomes 5 Wallaroo Close

October 17th, 2011 by Netstrata Updates  | No comments »

Netstrata are pleased to announce that they have been appointed as strata manager’s for 5 Wallaroo Close, Killara. The prestige strata scheme will be managed by Brad Wood  . Brad said ” I look forward to working with the committee in helping them run the scheme more effectively, reducing the amount of their own time that they have been putting into the strata management”.

 

 

Netstrata support Illawarra Black & White Race Day

October 11th, 2011 by Netstrata Updates  | No comments »

Netstrata was proud to support Vision Australia’s Illawarra Black & White Race Day held at Kembla Grange on Saturday 8th October 2011. It was a fantastic day although a little wet, Netstrata Wollongong’s Tanya Gough said “It was great to see so much of the Wollongong Business and Local Community digging deep for a fantastic cause”.

Vision Australia is a partnership between people who are blind, sighted or have low vision. We are united by their passion that people who are blind or have low vision will have access to and fully participate in every part of life they choose.

Netstrata’s Tanya Gough and Sarah Tickner present the first place ribbon to Mr Ellaval winner of the 2011 Netstrata Plate.