An Illawong Avenue Strata Slap Down

Ouch! I didn’t think you’d hit me that hard …

In a semi bizarre twist, a few positive developments in New South Wales strata have converged with unexpected and surprisingly ironic results for a group of strata owners.  So, is this the ultimate strata slap down ...

[4:00 minutes estimated reading time, 741 words]

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Introduction

A few positive things that have happened in New South Wales strata over recent years include:

  • improvements in the ability of strata owners in existing buildings to sell or redevelop their building,

  • the availability of strata loans to facilitate improvements in strata buildings, and

  • the NSW Building Commissioner to better police the constructions standards at new strata buildings.

I’ve written about each of the developments in a few of this year’s articles including:

Strata Reforms [NSW] Update 2: Lessons & Challenges from past reforms: Learning from what we did [and didn’t do] before …

Going Going Gone! Thoughts on Collective Strata Building Sales: A solution to a non-existent problem, or are we just a few decades too soon …

Other Ways with Overdue Strata Levies: Maybe we’re thinking about unpaid strata levies the wrong way …

The NSW Building Commissioner’s Hard Hat Brigade in Action: How does this help fix strata defects in new NSW buildings?

But in an unexpected convergence of those things, one group of strata building owners have become the unexpected victims of these developments.

A strata transformation at Illawong Avenue, Bondi

For many years there was an ageing strata building at 20 Illawong Avenue, Bondi that had long faded from its heyday in the 1960s.

Called Glenview Court, it was a 7 storey, 81 apartment building designed by Harry Seidler directly above the [in]famous Tamarama Beach with fantastic district and ocean views.

Here’s what it looked like and a glimpse of the ‘to die for’ view.

But it had seen better days and for many decades was run down, occupied by backpackers, and, suffering water entry from long ignored and [sometimes] ineffective repair works.  Eventually, fire safety orders issued by the local council forced the building to address that neglect.

But, rather than just do basic repair work to address the fire order and other issues, the strata owners decided to undertake a major building redevelopment involving adding;

  • 2 penthouses,

  • 2 levels of underground car parking and storage,

  • balconies for all owners on the eastern facade,

  • new lift towers, extra landing and walkway space for owners on the western side,

  • other fire safety related remedial works and external makeover, and

  • new landscaping.

Oh, and they also renamed the building ‘Skye’.

The building’s redevelopment story can be read on this SP1731 website and here’s a photo of what it looks like now.

It’s impressive work by these strata owners that I know firsthand is very difficult to do and achieve.

The NSW Building Commissioner's slapdown

But, just as the strata redevelopment work was finishing, it hit a snag in the form of the new NSW Building Commissioner, David Chandler AOM.

After inspections by his team, a stop work notice has been given to the strata building that prevents:

  • the local council from issuing occupation certificates,

  • the completion of the building certification, and

  • old [and new] strata owners being able to move into their ‘new’ strata apartments. 

Ouch!

And, according to reporting by Matt O’Sullivan and Sue Williams in the SMH article 'Owners blocked from moving into landmark Sydney apartment building’ the stop work order related to serious defects in fire safety compliance issues including that fire sprinklers were not installed in seven of the building’s nine floors.

Their reporting also advised that the issues will necessitate ‘considerable additional building work that is likely to be costly’. 

Double ouch!!

It’s clearly not the outcome the strata owners expected.

Conclusions

To me, this story also reveals a few interesting twists in strata sector operations and regulations including the following.

1.         It’s perversely ironic seeing strata consumers [rather than strata developers and builders] being blocked by NSW’s latest champion of strata owners and strata consumers.  Telling me that the NSW Building Commissioner may not be that ‘friendly’.

2.         That after all the complaints made over many decades about strata developers and builders not constructing strata buildings properly because they don’t care enough, it looks like strata owners do the same.  Telling me that it’s not that easy to build safe, compliant and leak-free strata buildings.

3.         Here’s another private certifier of a strata building that doesn’t satisfy the NSW Building Commissioner’s standards even though they were not [presumably] corrupted by their client.  Telling me that either fire safety standards are not clear enough for experts to apply and agree about them, or, that certifiers can’t do their job properly.

December 21, 2021

Francesco ...

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