Sherpa Group is ramping up its investment in the southern Gold Coast by lodging a development application for Flourish Vivere, a new $350 million project in Coolangatta.

The move comes after the group’s $27 million acquisition of the 2,029 sqm site on the corner of Griffith and Warner Street, last year.

They will develop 194 apartments across a 26-storey tower, which will become Sherpa’s largest project to date.

Viveré will be the next chapter in the Flourish story, following closely behind Amargo, Oasis, and the Avenues in Palm Beach, as well as Symphony in Brisbane, all designed to deliver affordable housing in lifestyle-rich locations, giving locals a real chance to secure a residence close to the beachfront.

The HAL Architect-designed project will offer a diverse range of residences, from one-, two, and three- bedroom apartments to the premium Canopy range to luxury penthouses.

<img alt="Vivere" data-entity-type="file" data-entity-uuid="c85f5a7e-a22f-4745-8def-400adb3c0b35" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-15%20at%209.53.43%E2%80%AFAM.png?VersionId=OY.chur3BPExn1exQ2q8clHqWnW_CaBi" />

“The Gold Coast is undergoing a period of immense growth, with more people drawn to the incredible 
lifestyle that’s available, leading to strong growth in property prices,” said Christie Leet, founder of Sherpa 
Group.

“Our goal at Sherpa is to ensure locals are not priced out of the market in prime locations, which is why we 
created the Flourish collection.

“Flourish Vivere will form the next chapter in our portfolio, and we are so excited to be lodging the DA, marking our first project in Coolangatta.”

A signature of the Flourish developments is the communal rooftop. Flourish Vivere will showcase a private resident’s lounge, outdoor dining with barbecues and pizza ovens, heated pool, fully-equipped gym, and a wellness centre with sauna and steam room.

<img alt="Vivere" data-entity-type="file" data-entity-uuid="c09372cc-aae6-4458-af2e-f291bd19a5e5" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-15%20at%209.53.49%E2%80%AFAM.png?VersionId=Sc_RLXl5jiff.tnadogXjQJ_WIpDjf3p" />

The project is strategically located to offer a walkable lifestyle, with the Strand shopping centre, cafes, restaurants, shops and the beach, all just a short stroll away.

“We have meticulously planned Vivere to build on the Flourish legacy, creating a truly special project,”&nbsp;Leet added.

“Wellness, lifestyle and community are at the forefront of every decision we make, and that has not 
changed for Vivere.”

With the DA now lodged with the Gold Coast City Council, Sherpa has moved quickly to secure LPS Group as the builder, offering buyers a level of certainty that is rarely seen in today’s market.

Sherpa has delivered 16 residential projects over the past seven years with a pipeline of $1 billion, with more under construction.

Joel Robinson

Sherpa takes Flourish brand to Coolangatta, lays plans for Flourish Vivere 

S&amp;S Projects is boosting its investment at Rainbow Bay to more than $1 billion after the prolific Gold Coast developer acquired a new site for $20.25 million and immediately laid plans for a new luxury apartment project in the sought-after precinct.

The site, which is the company’s fifth acquisition at Rainbow Bay in the past four years, will be home to the company’s largest project to date after delivering 3 sold-out projects and construction progresses on Radia worth a combined $215m. 
S&amp;S Projects is currently finalising plans for its latest strategic acquisition, a 1,518 sqm site located 209-213 Boundary Street in Coolangatta, with a development application expected to be lodged within weeks.

The luxury residential development will build on the company’s highly successful projects at Rainbow Bay, comprising Flow, Awaken, Esprit and Radia, with Radia currently under construction by Hutchinson Builders.

“We have been unflinching in our commitment to Rainbow Bay and the transformation we have helped drive in this incredible part of the Gold Coast, which is among the city’s most desirable residential locations,” said S&amp;S Projects founder and director Paul Gedoun.

“Our fifth project will reflect the best of what we have done so far to create a lifestyle precinct that is second to none.”

The latest development, which has yet to be named, is proposed to accommodate 88 luxury apartments in a design that will immerse residents in a unique wellness lifestyle that expands on the legacy of S&amp;S Project’s earlier developments at Rainbow Bay.

The development will feature an expansive rooftop garden and wellness centre with a resort- style pool, among a host of lifestyle amenities planned for residents.

“Rainbow Bay, with its beautiful, protected beach and alongside one of the world’s best surf breaks at Snapper Rocks, is the natural wellness heartland of the Gold Coast,” said Gedoun.

“We are taking every advantage to create a truly unique rooftop wellness experience with a natural feel for residents, offering stone features throughout and an underlying theme that emulates a botanical garden.”

The latest acquisition comes as S&amp;S Projects is at the completion of Esprit and construction continues on Radia, which are part of their significant portfolio undertaken by the company at Rainbow Bay since 2022.

The $215 million Radia, which comprises 38 apartments, is currently the flagship development by S&amp;S Projects at Rainbow Bay which is expected to be completed in 2027.

Jayde Pezet, of Pezet Matheson, which has managed sales and marketing for S&amp;S Projects across their Gold Coast portfolio, emphasised the developer’s commitment to continuous improvement and excellence.

“S&amp;S Projects continue to elevate the benchmark of luxury with each development," Pezet said.

“We have worked with S&amp;amp;S on their 4 other projects in Rainbow Bay and their approach reflects a team that is constantly learning, refining, and pushing the standard higher.

“Their hyper-local knowledge and deep expertise within the luxury property sector are what truly set them apart, allowing them to deliver projects that feel both globally sophisticated and authentically connected to their coastal environment”

S&amp;S Projects plans to officially launch its latest project at Rainbow Bay in the second half of this year.

“As we embark on our largest project yet, we have pulled out all stops to create another landmark development that truly reflects the relaxed southern Gold Coast lifestyle,” Gedoun added.

S&S buys $20m Rainbow Bay site for fifth beachside apartment project

Japandi, an emerging design trend that combines Scandinavian functionality with Japanese rustic minimalism, remains relatively untested in Australia’s residential development market.

As developers look to differentiate their projects and offer something distinct to buyers, Brisbane-based developer Lantona has embraced the hybrid style for its recently launched Toowong apartment project, <a href="https://www.apartments.com.au/new-apartments/koya-residences-6-josling-street-toowong-qld-4066">Koya Residences</a>, with early response to the design proving positive.

Lantona entrusted Red Door Architecture and interiors practice Luma Design Co with delivering the Japandi brief. The approach blends Japanese minimalism with Scandinavian functionality, emphasising warm, restrained interiors, natural materials and clean lines. Drawing on the Japanese concept of wabi-sabi (beauty in imperfection) and the Scandinavian principle of hygge (comfort and cosiness), it creates serene, uncluttered and sustainable living environments.

These design principles are expressed throughout the Josling Street development, both in its exterior form and across the 40 one-, two- and three-bedroom residences within.

[smartcode_project:default project_id=150787 project_image_fid=366229]

Koya reflects a deliberately scaled approach, with the five-storey form designed to align with the surrounding residential streetscape rather than dominate it.

“Koya is conceived as a building that sits comfortably within its surroundings. Every decision, from material selection to spatial planning, has been guided by long-term liveability and enduring relevance,” the developer said.

[smartcode_project:default project_id=150787 project_image_fid=366243]

Positioned within an established inner-west neighbourhood, the development sits near riverfront parklands and the Bicentennial Bikeway, while remaining within walking distance of Toowong Village and multiple public transport options connecting to the CBD, St Lucia and West End.

Lantona said the location was central to the project’s conception, pointing to Toowong’s balance of green space, transport access and proximity to major education institutions.

“<a href="https://www.apartments.com.au/developments/toowong-qld-4066">Toowong</a> combines river access, walkability, immediate CBD connection and a strong educational presence. That balance made it the obvious setting for Koya.”

[smartcode_project:default project_id=150787 project_image_fid=366230]

Communal amenity is concentrated on the rooftop, where a shared retreat will include a pool, dining areas and outdoor spaces oriented towards neighbourhood and city views. The design allows for both private use and small gatherings, extending the living environment beyond individual apartments.

Koya enters the market at a time when smaller-scale developments are becoming less common in established suburbs, with many recent projects in the suburb shooting for the sky.

In a nod of confidence,&nbsp;<a href="https://www.apartments.com.au/builders/brisbane-builders">Brisbane Builders</a>&nbsp;has already commenced construction on the building, which is slated for completion in early 2027. Keenan &amp; Byrne is marketing Koya.

[smartcode_project_cta:default project_id=150787]

Japandi-inspired Koya Residences launch in Toowong

<section data-scroll-anchor="false" data-testid="conversation-turn-6" data-turn="assistant" data-turn-id="request-WEB:ca872054-bfe3-4cc5-a2c8-b373d4dfeafb-2" dir="auto">
A completed Castle Hill apartment development is returning to market with an uncommon level of financial backing, positioning it as one of the more secure options for buyers in Sydney’s north-west.

Skyview in Castle Hill, originally developed by Top Place and now overseen by capital partner <a href="https://www.apartments.com.au/developers/equitifund-group">Equitifund</a>, is being relaunched following a full remediation process. Central to its repositioning is a substantial financial reserve designed to provide ongoing protection and reduce uncertainty for incoming purchasers.

At the core of this offering is an $11 million bond secured during the project’s remediation phase, negotiated by former NSW Building Commissioner David Chandler. With less than $4 million required to complete the works, approximately $7.2 million remains in reserve, with around 15 years left on the term.

[smartcode_project:default project_id=147685 project_image_fid=359134]

Rather than a typical insurance-backed structure, the remaining funds are held as cash, creating a readily accessible financial buffer should any future building issues arise. The structure is intended to provide buyers with an added layer of certainty, differentiating the development from more conventional apartment offerings.

Equitifund Executive Chairman Greg Huxley said the structure provides a level of security not typically seen in apartment developments.

“The $11 million bond established for the Skyview Castle Hill development represents exceptional value, providing genuine financial security for purchasers,” Huxley said.

“Unlike a standard insurance policy, this bond consists of real funds held in trust for the Owners Corporation, offering a tangible layer of protection and added peace of mind.”

[smartcode_project:default project_id=147685 project_image_fid=359135]

The remediation process has now been completed in full, with no active rectification orders or outstanding directives linked to the project on NSW Government registers. This outcome reflects the broader tightening of building oversight across the state, while also highlighting the project’s transition into a completed, compliant asset.

In a market where many buyers remain cautious about apartment quality, initiatives like this are designed to restore confidence, giving purchasers greater certainty and a stronger sense of security in their investment.

Equitifund has since acquired the remaining apartments and is managing their reintroduction to the market. With the works finalised and a significant financial reserve in place, the project now presents with a markedly different risk profile compared to its initial release.

[smartcode_project:default project_id=147685 project_image_fid=359137]

Beyond the added security, the development is positioned in one of Castle Hill’s more established pockets. The Gay Street address places it within close proximity to Castle Towers, one of the country’s largest retail centres, as well as Castle Hill Metro Station, which now connects directly to the broader Sydney Metro network.

Equitifund National Sales Director Ben Hamblett said buyer demand in the area continues to be driven by access to transport and amenity.

“Interest from both owner-occupiers and investors in Castle Hill remains exceptionally strong, with buyers consistently prioritising developments in close proximity to the Metro station and Castle Towers Shopping Centre,” Hamblett said.

“There is a clear trend in the market, with purchasers seeking convenient access to transport and lifestyle amenities that support a seamless, low-maintenance way of living.”

[smartcode_project:default project_id=147685 project_image_fid=359145]

The apartments also enter the market at a relatively accessible price point for the area, with two-bedroom configurations starting from $995,000 and rental demand for similar stock reaching around $900 per week. This combination of pricing, connectivity, and completed status is expected to appeal to both owner-occupiers and investors seeking lower-risk entry into the Hills District apartment market.

For eligible buyers, a limited 3.50 per cent p.a. two-year fixed interest rate is currently available through Equitifund’s lending partners, providing an additional layer of affordability.

EquitiCredit Pty Ltd ACN 676 363 769 holds ACL 559289 and provides credit assistance. Finance is arranged through EquitiCredit and funded by its lending partners. Interest rates are subject to change and eligibility criteria apply. Terms, conditions, fees and charges may apply. This is not financial advice and should not be relied upon as such. Prospective buyers should seek independent financial advice.

[smartcode_project_cta:default project_id=147685]
</section>

Castle Hill apartments offering unmatched buyer protection through dedicated fund

A State-Assessed Rezoning Proposal for the Kurnell Peninsula is now on public exhibition, setting out a plan to deliver up to 4,300 homes alongside new retail, tourism and public open space on a 210-hectare coastal site.

The proposal, backed by the Minns Labor Government, would transform a former sand mining area along Captain Cook Drive into a mixed-use precinct delivered over approximately 20 years.

In addition to housing, the plan includes more than 7,000 sqm of retail and commercial space, new community facilities and approximately 116 hectares of open space, equating to more than half the site.

<img alt="Kurnell" data-entity-type="file" data-entity-uuid="ce1c6567-1df0-4de0-9fe5-a76be0367834" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-13%20at%209.11.51%E2%80%AFAM_0.png?VersionId=dbbTmYaJvROA5fkQbgaxis8cmFwtpB5_" />

<hr data-end="849" data-start="846" />
<h2 data-end="902" data-section-id="ony3l3" data-start="851">Rezoning framework enables mixed-use development</h2>

The rezoning application seeks to amend planning controls under the State Environmental Planning Policy (Precincts—Central River City) and the Sutherland Shire Local Environmental Plan 2015.

Its primary objective is to enable a broader range of land uses across the site, including residential, employment, tourism and community uses, while also formalising environmental protections and land management outcomes .

The proposal has progressed through the state-led rezoning pathway after being identified as a project of regional significance, supported by several years of technical studies and agency consultation .

Development would occur in stages, aligned with the progressive closure and remediation of the existing sand mine.

<hr data-end="1718" data-start="1715" />
<h2 data-end="1768" data-section-id="krwii9" data-start="1720">Master plan structured around three precincts</h2>

The accompanying urban design report outlines an indicative master plan that divides the site into three primary precincts, anchored by a town centre in the western portion of the site.

The town centre is planned as the first stage of development, located on land that has already been remediated. It is intended to accommodate higher-density housing, retail, and community uses.

<img alt="Kurnell" data-entity-type="file" data-entity-uuid="4bfd5873-4847-4105-b220-0a30c96f5573" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-13%20at%209.20.09%E2%80%AFAM.png?VersionId=7aVaSsZLAc6mElSH4g6Ct5bGsNxZcnPL" />

Additional precincts extend toward Bate Bay and Boat Harbour, with built form responding to environmental conditions and proximity to the coastline.

The design framework identifies distinct local character areas, with the master plan structured to reflect “unique natural qualities” across the site.

<hr data-end="2495" data-start="2492" />
<h2 data-end="2544" data-section-id="1vitwqn" data-start="2497">Open space forms core of the design approach</h2>

A key component of the proposal is the allocation of approximately 116 hectares to open space and ecological land.

This includes:

<ul data-end="2846" data-start="2678">
	<li data-end="2702" data-section-id="d96caj" data-start="2678">Three district parks</li>
	<li data-end="2723" data-section-id="17y6uz6" data-start="2703">Nine local parks</li>
	<li data-end="2741" data-section-id="14hui00" data-start="2724">Sports fields</li>
	<li data-end="2778" data-section-id="ts7psx" data-start="2742">Coastal and ecological corridors</li>
	<li data-end="2846" data-section-id="agduax" data-start="2779">Two kilometres of publicly accessible beachfront along Bate Bay</li>
</ul>

The urban design report positions this open space network as central to the structure of the development, rather than ancillary to it.

It is intended to support ecological regeneration, provide recreational amenity and create a connected network across the peninsula.

The plan includes north–south ecological corridors, expanded wetland systems and pedestrian and cycling links designed to connect residential areas to the coastline and open space areas .

<hr data-end="3347" data-start="3344" />
<h2 data-end="3381" data-section-id="ql66rt" data-start="3349">Housing mix and affordability</h2>

The proposal includes approximately 4,300 dwellings across a range of housing types.

This includes high-density apartments, medium-density housing, townhouses and seniors housing.

Affordable housing provision is identified at approximately 240 dwellings, alongside a smaller component of social housing.

The master plan emphasises housing diversity, with the intent of accommodating a range of household types and age groups within the development.

<img alt="Kurnell" data-entity-type="file" data-entity-uuid="d4baba4d-b5b0-4a86-bcad-5d319b036184" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-13%20at%209.11.59%E2%80%AFAM.png?VersionId=udYFz0q8tjEPR3pmKLHRSFRJN4dKakPO" />

<hr data-end="3877" data-start="3874" />
<h2 data-end="3919" data-section-id="rgckdv" data-start="3879">Built form controls and height limits</h2>

Proposed building heights across the site range from three to 12 storeys.

These controls are set out within the rezoning application and are intended to manage visual impact, maintain view corridors and ensure compatibility with the coastal landscape.

Floor space ratios and height limits are applied across different parts of the site to reflect varying environmental conditions and proximity to open space and the coastline .

Higher density is generally concentrated within the town centre, with lower-scale development toward the coastal edge and environmentally sensitive areas.

<hr data-end="4548" data-start="4545" />
<h2 data-end="4588" data-section-id="1minlda" data-start="4550">Retail, tourism and employment uses</h2>

In addition to residential development, the proposal includes retail, commercial and tourism uses.

This includes:

<ul data-end="4896" data-start="4706">
	<li data-end="4775" data-section-id="1jrun76" data-start="4706">Approximately 7,000–9,800sqm of retail and commercial floor space</li>
	<li data-end="4803" data-section-id="10kyifw" data-start="4776">A full-line supermarket</li>
	<li data-end="4830" data-section-id="fz1hdg" data-start="4804">Food and beverage uses</li>
	<li data-end="4896" data-section-id="1aqg2fj" data-start="4831">Tourism accommodation, including hotel and short-stay options</li>
</ul>

The proposal also identifies employment outcomes, with the development expected to support jobs both during construction and in ongoing operations.

These uses are concentrated within the town centre and key activity areas across the site.

<hr data-end="5142" data-start="5139" />
<h2 data-end="5172" data-section-id="162x2kt" data-start="5144">Infrastructure and access</h2>

The proposal includes upgrades to Captain Cook Drive, which provides the primary access to the peninsula.

These upgrades are intended to improve traffic flow and support emergency access.

The transport strategy also incorporates:

<ul data-end="5529" data-start="5407">
	<li data-end="5433" data-section-id="fanquy" data-start="5407">Internal road networks</li>
	<li data-end="5469" data-section-id="o6y80y" data-start="5434">Walking and cycling connections</li>
	<li data-end="5529" data-section-id="jgraft" data-start="5470">Proposed public transport routes and bus stop locations</li>
</ul>

The rezoning report includes detailed analysis of transport, flooding, and infrastructure requirements to support the staged development of the site .

<hr data-end="5723" data-start="5720" />
<h2 data-end="5769" data-section-id="14urh3" data-start="5725">Environmental and cultural considerations</h2>

The site is identified as having environmental and cultural significance, including areas of ecological value and Aboriginal archaeological sensitivity.

The proposal includes measures to protect and enhance these areas, including:

<ul data-end="6230" data-start="6004">
	<li data-end="6056" data-section-id="1pzyouo" data-start="6004">Retention and regeneration of coastal vegetation</li>
	<li data-end="6100" data-section-id="bjn2vz" data-start="6057">Strengthening of biodiversity corridors</li>
	<li data-end="6148" data-section-id="1bpeyoj" data-start="6101">Protection of riparian systems and wetlands</li>
	<li data-end="6230" data-section-id="lg0cka" data-start="6149">Integration of cultural interpretation and recognition of Indigenous heritage</li>
</ul>

The urban design report also outlines opportunities for incorporating Indigenous cultural elements into public spaces and landscape design.

<hr data-end="6893" data-start="6890" />
<h2 data-end="6908" data-section-id="w7rk5f" data-start="6895">Next steps</h2>

The proposal is currently on public exhibition, with submissions open to the community. Feedback received during this period will inform the Department of Planning’s assessment of the rezoning.

If approved, the rezoning would establish the planning framework for future development applications across the site.

<hr data-end="6893" data-start="6890" />
<h2 data-end="6908" data-section-id="w7rk5f" data-start="6895">What the NSW Government says</h2>

Minister for Planning and Public Spaces Paul Scully said the planned closure of the sand mine and remediation of the Kurnell Peninsula presents an exciting opportunity to transform the area.

“This proposal envisions a vibrant new beachfront community with thousands of new homes, jobs and great open space in the Sutherland Shire. I encourage the community to have their say during the public exhibition period. Feedback from the community will play an important role in the assessment of the proposal.”

Sydney's newest beachfront city: NSW Gov to unlock 4,300 new homes on Kurnell peninsula

Strata Laws

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The past few weeks have been hectic for real estate with headlines about a possible shift in market sentiment as the major banks all increased their home loan rates and we also saw a drop in auction clearance rates below 65%. 
And so somewhat lost among all of these headlines is the news about the passage into law of the long-awaited review of Strata Title Legislation in NSW.
The Strata Scheme Management Bill and Strata Scheme Development Bill have both passed the Legislative Council. The two bills contain more than 90 changes to how strata agreements are governed.
Long after the other headlines start to fade these changes are going to impact the market for many decades.
I think that the correctly described as a ‘once-in-a-generation reform’ to the state’s strata title laws after much debate will come into force from July 2016. The Minister for Innovation and Better Regulation (interesting title) Victor Dominello who has been responsible for the bills, said that the laws are an important step forward for the state.
He noted that more than two million people live and work in strata and that the new laws will cater for the needs of 21st century strata living.
“The new laws will modernise collective decision making processes, increase protections against unresolved building defects and improve out-dated regulation impacting on renovations,” he said.
The key changes have received a deal of publicity and have also attracted a lot of emotional comment but I think the case and need to renew many older buildings has been fairly established.
Across Sydney there are pockets of development from the 1960’s and 1970’s that fall a long way behind modern standards and amenity. If we fail to make it possible to redevelop these buildings then this paralysis can have a detrimental impact on urban standards and possibly create disadvantaged areas, where values fall and we see a cycle of neglected investment. In a dynamic city this sort of urban renewal is vital to the city’s livability.
Now of the nearly 100 changes in the updated legislation, most notable is the requirement that only 75% of owners will need to agree for an apartment building to be sold.
One of the other key points addressed is a move making it easier for owners to complete cosmetic and minor renovations to their apartments, again this is important to keep apartments modern and with the services and facilities that owners require without being consumed by over regulation and far too much red-tape.
The changes will also prevent proxy farming, and while the extent of proxy farming is hard to measure, it can often be used to set up long-term appointments and policies in a building that do not always work for the owners. This change should be a welcome move.
Then we see another key change, which has also attracted a great deal of industry comment, which will see the introduction of a defects bond to fix building defects early in new developments. In the past we have seen some poor quality buildings leaving the owners corporation with a major headache and on some counts big repair bills that sometimes came on top of big legal bills because of a disagreement with a developer or their insurance company.
The new bill has a requirement of developers to lodge a bond of 2% of the contracted price of the building as a form of security to fix any defective work.
Here again the changes should be welcome and should not be seen as a threat among well-regarded developers. The suggestion that the introduction of these bonds might further inflate prices is a bit of a bluff as experienced developers have to their credit always understood the importance of delivering quality buildings, and most already do so.
The new provisions have also taken on some house-keeping issues to tackle that can have an annoying or even detrimental impact on people’s daily lives. These include the addressing of the perennial issues of (illegal) parking, pets and smoke drift.
According to The Minister the over-riding objective has been to modernise our strata laws to better reflect the way people live and work in 2015 and beyond, and as everyone is aware the numbers of people living in strata developments is now massive and growing.
In some parts of Sydney in areas like Rhodes, Chatswood, the CBD, Zetland and Pyrmont, plus many other spots, the concentrate of apartments and the density of population really dictates that the rules need to be keeping up with the pace of modern development, and to date they have not.
It is more than 20 years since the last major amendments to strata law were made and over those two decades we have seen how and where many people live change dramatically. Today’s strata landscape is also much more varied than a three-level walk up building and now includes city high rises, sometimes very large scale buildings, townhouses, dual occupancies, offices, retirement villages, mixed use and tourism.
According to published figures there are currently over two million people, including 25% of Greater Sydney’s population, living or working in more than 75,000 strata schemes across NSW.
But what is a very interesting figure is the prediction that by 2040, half of all Sydneysiders will be living or working in strata and that single static alone underlines the urgency and importance of the current review. The new Strata Scheme Management Bill and Strata Scheme Development Bill follows a comprehensive community consultation, with over 3,000 individual submissions received.
With the bill soon to become law it’s a good idea to take a keen interest as the development industry and buyers are all going to be impacted for many years to come but I think the laws do go a long way to creating a better outcome for strata buyers and developers and their passage ends a long drawn out process.
 
Peter Chittenden is managing director for residential of Colliers International. He can be contacted <a href="https://www.projectagenda.com.au/" target="_blank">here</a>.
</body></html>

pchittenden-eLqUUC8TWW

New strata rules set to have big impact: Peter Chittenden

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This week marked the first anniversary of new strata laws across New South Wales.

They appear to have worked well. There were over 90 changes implemented by the then Innovation and Better Regulations Minister Victor Dominello.

The new laws for apartments modernised strata laws to reflect 21st Century living in the biggest overhaul in four decades.

There are around 90,000 working strata schemes across the state ranging from duplexes to those with 100s of flats. The state recently registered its 96,000th strata. More than a few have disappeared over the years.

Some two million NSW residents currently live in the apartments, units and townhouses, and that is set to rise dramatically from the trend of downsizers into apartment living. 

The new rules effected everyone who owned or rented with the laws marking the most significant reforms since 1973 revisions. 

Some changes could be implemented quickly while others will still take time - especially the reform that paved the way for urban renewal by the compulsory demolition particularly of well-position small, older apartment blocks on large land holdings. There have been a few easy gets on this front with owners delighted at the money on offer from developers.

NSW was the first place in the world with strata title in 1961, so there is no doubting they needed modernisation. There were modern day issues to address - issues such as using BBQs on apartment balconies.

Around 30% of schemes in the Sydney date back more than three decades.

Many of the new by-laws only apply to new strata schemes, but could be adopted if older strata embraced them.

All strata schemes had to have reviewed their own by-laws by 30 November. 

Owners corporations were to determine by-laws that best suited their strata.

The existing by-laws that apply to your strata scheme depend on the date the strata plan was registered.

If, as a result of the latest review, your scheme proposes changes to the by-laws, these must be put to a special resolution vote at a meeting of the owners corporation.

Any new by-laws must also be registered with the NSW Office of the Registrar General within six months after the special resolution. 

A by-law must not be harsh, so they for instance cannot restrict children, and cannot restrict the keeping of an assistance animal. Pets are a matter for each strata to work out themselves.

A copy of your scheme's by-laws is kept on the strata roll and is available from either the secretary of the owners corporation or from your managing agent.

While things have gone seamlessly, there appears to be a need for some review from Macquarie Street.

It has been suggested a loophole emerged after owners took action at the NSW Civil and Administrative Tribunal (NCAT) against a resident who broke the bylaws by ripping up her carpet to use the concrete slab as flooring. It emerged they could not, under current rules, impose a fine on her.  

Of course short term letting is the biggest unresolved strata issue, which is still subject to NSW parliamentary review.

This article was first published in the Saturday Daily Telegraph.
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jchancellor-FAypfDUnLy

New strata laws working well on year anniversary

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The first hotel on sale under NSW's new 75 percent strata renewal rule is Sydney's Seasons Harbour Plaza hotel in Darling Harbour.
The new legislation came into force in November and forces strata unit owners to sell if 75 percent agree.
An AFR report noted most of the strata asset's owners – more than 90 – have agreed to sell the 119-room hotel at 252 Sussex Street in one line for a price of about $70 million.
Gus Moors , Colliers International's head of hotels, said in one of the most tightly held markets in the country, the sale of Seasons Harbour Plaza Sydney represents an incredibly rare opportunity to secure a hotel asset with immense opportunity.
The hotel is 446 sqm, 19-floor hotel and has rooms ranging from a 30 sqm studio to a 157 sqm loft penthouse. It is leased to the Seasons Apartment Hotel Group. 
The hotel's recent room sales have been sparse. Room 803 sold in 2015 for $625,000.
It originally sold for $305,000 in 1997.
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j.ballantyne1990-6AQqhLzZaK

First hotel on sale under NSW's new 75 percent strata renewal rule

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Strata by-laws that impose restrictions on short-term letting, including Airbnb, in residential-only Sydney apartment blocks are invalid and only councils have the authority to take these steps, according to NSW Fair Trading.
The watchdog has modified its Strata Living handbook to warn strata committees and owners corporations that they can’t pass by-laws restricting holiday letting just weeks before a discussion paper on new holiday letting legislation is released. 
“Section 139 (2) of the Strata Schemes Management Act 2015 states that no by-law can prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing relating to a lot,” a Fair Trading spokesperson for Innovation and Better Regulation Minister Matthew Kean was quoted by Fairfax Media.
The statement was immediately welcomed by peer-to-peer letting platform Airbnb, which said it protected the rights of people to share their own homes.
“Strata laws prevent an owners corporation restricting an owner from letting their lot, including short-term letting,” says a recent amendment to Strata Living. 
“The only way short-term letting can be restricted is by council planning regulations,” it said.
A government spokesperson explained that this means by-laws telling owners that they must abide by local council zoning restrictions are invalid as only local councils can enforce their zoning.
By-laws supporting local zoning have been used by some strata schemes to work around the restrictions on by-laws directly banning short-term letting.
“The local council ‘owns’ the zoning regulation,” the spokesperson told Fairfax Media. “Only they can enforce it.”
Head of public policy ANZ at Airbnb, Brent Thomas added that it was unfair to “discriminate against apartment dwellers, and prevent them from participating in the sharing economy in the same way house dwellers can”. 
However, the ruling has not gone well with strata managements. Reports say local councils are receiving between zero complaints in a year to 10 a month in Sydney areas where short-term letting is most prevalent.
While the due process to turn a discussion paper into a Bill and then passed by Parliament could take a year, the ministry advised that owners can only pursue the issue of short-term letting through their local council.
A senior executive of Owners Corporation Network, which represents strata owners, Karen Stiles said the OCN was awaiting the NSW parliament amending laws to allow owners to effectively manage their communities or “we will see a summer of chaos in Sydney apartment blocks”.
“Local council engagement with this is patchy, to say the least.”
A spokesperson for City of Sydney Council – where residential letting is defined as three months or more – denied that they have backed off from pursuing non-compliant holiday lets but said they had very few complaints, two of which were currently being  pursued.
“The City carefully addresses all reports about short-term letting but has received complaints from only a small number of people,” said the spokesperson.
In contrast, Waverley Council – which covers Bondi Beach – receives about 10 complaints about holiday letting a month, while in Randwick there has been no council action against non-compliant short-term or holiday letting over the past summer.
A spokesperson for Woollahra Council said they had only had a handful of complaints in the past nine months but two of the properties concerned were now applying for official bed and breakfast permits.
They said the complaints were specific such as late-night noise or misuse of waste bins.
Other states have been facing similar issues as well. Last year, research by a Queensland body corporate company indicated that one in three Queensland strata residents were concerned about apartment security from Airbnb guests.
Commercial short-stay companies like Airbnb are expected to deprive the Victorian Government of more than $14 million in uncollected GST.
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Strata body corporate can't stop Airbnb rentals, only local Sydney councils

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Iridium Developments has bought four freestanding unit blocks from two strata corporations for $54 million in Sydney’s beachside southern suburb Cronulla, possibly the first group strata sale in NSW of its kind after new rules were implemented. 
The deal was struck in one line and the company is expected to demolish the buildings and construct a new complex, according to a report in The Australian.
The new strata laws, which came into force in in November 2016, say owners can sell and redevelop their block if 75 percent of owners agree and if some other conditions are met. According to government data, more than a quarter of NSW's population lives in, owns or manages strata.
Iridium Developments is backed by the Manassen family which has a track record in other Sydney developments.
The deal was brokered by JLL’s Dylan McEvoy, the report said. The firm said the deal was one of the first group strata sales of its kind in NSW after changes to the state’s strata laws. 
The blocks — 49-51 and 55-57 Gerrale Street — are opposite Cronulla Beach. 
The dated three-storey structures comprise 32 older, one-bedroom apartments. The site area of 2,921 square metres presented as a strong opportunity for redevelopment, and has potential for a nine-storey mixed-use development in the future.
McEvoy was cited by The Australian as saying the owners of the apartments were a diverse group and included investors.
“With a total sale price of $54m, each owner will take home a significantly higher sale price for their apartment than if sold individually. Most owners achieved two to three times the current market value of their apartments,” he said.
McEvoy said he was already seeing an increase in vendors inquiring about how the process could unlock the values of their buildings.
According to the report, John Thomas, chairman of the group of Gerrale Street residents, said the release of new planning rules in Sutherland Shire brought about changes to zoning which had added significant value to properties.
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Cronulla sees $54 million group strata sales after new rules

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The biggest overhaul of NSW strata laws in four decades is about to make apartment and townhouse living that much easier, according to estate agent John McGrath.
Affcecting those who own, rent or manage strata properties, more than 90 individual changes to strata legislation have been approved by the NSW Government.
It followed five years of public consultation which saw 3,000 submissions.
Most of the changes are effective from November 30.
"Not only are there changes for owners, but tenants are included too, which is an important step given the rising number of people renting their homes these days," John McGrath noted.
Owners can set a broader range of community rules, such as allowing or restricting pet ownership, classifying smoking as a nuisance (thus enabling more action to be taken against residents whose smoke drifts into neighbouring abodes), and paying the local council to issue parking fines for unauthorised use of common property, such as visitors’ parking spaces.
"There are some common sense changes in relation to how a strata property is run, such as allowing owners to use technology to communicate on issues, participate in meetings and cast their vote.
"This includes the use of social media, video and teleconferencing, electronic voting and distributing papers via email," he noted.
Tenants will have the right to attend owners’ corporation meetings, but won’t be able to speak or vote unless they hold a proxy on behalf of an owner. 
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Strata law overhaul to improve apartment living in NSW: John McGrath

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New South Wales has modernised its strata laws to reflect the realities of 21st Century living.
The laws come into effect on 30 November 2016, and are expected to set the pace of change for the industry as a whole, according to property services company, PICA.
Among the new legislation are relaxed requirements for attending general and committee meetings and voting.
Owners can now use conference calls and video conferencing to participate in meetings, removing the need for proxies.
Greg Nash, managing director and group CEO, PICA, said, investor owners who don’t live in or near their property will now be able to participate in meetings more easily without the expense and inconvenience of travel. They can keep a better eye on their investment and be more involved in decision-making.
“For strata managers being able to use modern technology to communicate will increase productivity and efficiency, enabling urgent matters to be addressed offsite if necessary," he said.
"Plus, the challenges of coordinating schedules become less of an issue since investors no longer have to travel for meetings."
The new legislation also changes how meeting notifications are sent. Currently, meeting notices must be sent via post or, if there is already a by-law in place, they may be sent by email. The postal address must be located in Australia, making foreign investment tricky. When the new legislation takes effect, by-laws will no longer be necessary for meeting notices to be sent by email. This makes it simpler for people to keep track of notices.
Greg Nash said some people still prefer post and that will remain an option.
"These new laws are simply taking advantage of the way communications technology can streamline processes. Most people prefer to communicate via email for greater convenience,” he said.
"The need to accommodate the varying ways people prefer to attend meetings means strata management companies may need to invest in new technology. This could include video conferencing or unified communications solutions, for example.
"PICA has invested heavily in a property services online platform that offers options for people to communicate in the way that suits them. It also includes a self-service capability so that owners no longer have to contact the strata manager to keep informed of repairs and maintenance progress.
“The new NSW legislation sets the pace of change for the industry in a positive way. It raises the professionalism of strata managers and makes it easier for them to look after owners’ interests. The NSW approach is really just the first step; it’s a blueprint for the future.”
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Property 101: New NSW strata laws will set the pace of change for the property industry

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NSW Fair Trading Commissioner Rod Stowe has reminded owners, tenants, strata and property managers that new strata laws will come into effect next Wednesday, 30 November 2016.
“We’re less than one week out from a significant update to the existing strata laws. These changes will improve strata living for over two million people who own, live or manage strata schemes across the state,” he said.
Key changes include:
Making it easier for owners to complete cosmetic and minor renovations;
Making it easier to hold meetings and vote on decisions using modern forms of communication;
New options for addressing issues of parking, pets and smoke drift;
Ensuring tenants can play a valuable role in the life of their strata scheme;
A new collective sale process enabling owners to jointly sell and/or redevelop their strata scheme, which the NSW Land and Environment Court must ensure is ‘just and equitable’ for the owners.
Commissioner Stowe announced there will be a Strata Hotline ready to take consumer calls.
“With major updates made to the existing strata laws, our Contact Centre Officers who specialise in strata law have been familiarising themselves with the changes to ensure that they are equipped to provide the right assistance and advice,” said Mr Stowe.
Mr Stowe is urging people to become familiar with the new laws as they will impact everyone in the strata community.
In 2015, the Contact Centre received approximately 37,000 strata related enquiries from the public.
More than 33,000 enquiries have been received this year already.
To learn more about strata law reform and how it affects you, visit <a href="https://www.fairtrading.nsw.gov.au/" target="_blank">www.fairtrading.nsw.gov.au</a> or call the Strata Hotline on 1800 214 023.
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Property 101: Fair Trading contact centre prepares for strata law reform

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New laws that apply to strata townhouses and apartments in NSW will start on 30 November 2016.
The free information sessions will support:
residents
landlords
strata professionals.
For on overview of the new strata laws, visit our <a href="https://www.fairtrading.nsw.gov.au/sites/ftw/About_us/Legislation/Changes_to_legislation/Changes_to_strata_laws.page" target="_blank">Major changes to strata laws</a> page. 
<a href="https://www.fairtrading.nsw.gov.au/sites/ftw/About_us/News_and_events/Strata_reforms_information_sessions.page#2016_program_of_free_strata_reforms_events" target="_blank">2016 program of free strata reforms events</a>
For the full details, availability and to book, visit the <a href="https://events.fairtrading.nsw.gov.au/scripts/NSWFairTradingCalendar/" target="_blank">Events register</a>.
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Where
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When
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Bondi Junction
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6 September, 5.30-7.30pm
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Lane Cove
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13 September, 5.30-7.30pm
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Green Square (Zetland)
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15 September, 5.30-7.30pm
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Hornsby
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20 September, 5.30-7.30pm
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Burwood
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22 September, 5.30-7.30pm
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Castle Hill
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27 September, 5.30-7.30pm
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Bathurst
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29 September, 5.30-7.30pm
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Penrith
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4 October, 5.30-7.30pm
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Gosford
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6 October, 5.30-7.30pm
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Gymea
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11 October, 5.30-7.30pm
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Nowra (Bomaderry)
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<td width="143">
13 October, 5.30-7.30pm
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Campbelltown
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<td width="143">
18 October, 5.30-7.30pm
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Dubbo
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<td width="143">
20 October, 5.30-7.30pm
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Bankstown
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25 October, 5.30-7.30pm
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Parramatta
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27 October, 5.30-7.30pm
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Hurstville
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8 November, 5.30-7.30pm
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Albury
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15 November, 5.30-7.30pm
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Queanbeyan
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17 November, 5.30-7.30pm
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Strata Legislation Roadshow events  
Fair Trading has partnered with Strata Community Australia (SCA) and the Real Estate Institute of NSW to provide further information sessions for owners, tenants and strata professionals.
Sessions for owners and tenants are free. Strata professionals who attend an intensive session will gain Continuing Professional Development points.  
To book for the following sessions, visit the <a href="https://nsw.stratacommunity.org.au/eventssponsorship/sca-nsw-roadshow-strata-legislation/" target="_blank">SCA Strata Legislation Roadshow</a> page.
<ul>
<li>Sydney (city centre) – 31 August 2016</li>
<li>Wollongong – 1 September 2016.</li>
</ul>
Visit the <a href="https://nsw.stratacommunity.org.au/eventssponsorship/legislation-roadshow-release-dates/" target="_blank">Strata Legislation Roadshow – New sessions</a> page to book in for one of these sessions:
<ul>
<li>Sydney (city centre) – 8 September</li>
<li>Parramatta – 14 September or 9 November (strata managers only)</li>
<li>Cronulla/Woolooware - 15 September (strata managers only)</li>
<li>North Sydney – 10 November. </li>
</ul>
Related information
<ul>
<li><a href="https://www.cityofsydney.nsw.gov.au/live/residents/apartment-living" target="_blank">Strata Skills 101 workshops</a></li>
</ul>
Run by City of Sydney, these topic-based workshops are designed to help people live better in density. Find a workshop to serve your needs and interests.
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Property 101: NSW strata reform information sessions

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GUEST OBSERVER
Over 90 new strata laws will come into play later this year and of the 90 these are some changes that will most likely make a difference to your everyday.
1. Parking 
Owners corporations will be able to reach agreements with local councils to allow parking officers into their schemes to issue fines to rogue parkers. 
Not only rogue parkers but residents who park over the lines of their parking spaces on to common property or leave their cars in visitor parking (however briefly) could also be ticketed. 
2. Fines
Almost all fines will be paid to the owners corporation, but this won’t be a cash cow for over-zealous committees; they still have to go through the same tribunal process. 
3. Short term rental
Owners corporations can now set limits on the number of people allowed to live in an apartment provided the upper limit is no less than two adults for each bedroom. Failure to abide by this law could result in fines from $11,000 to 22,000.  
4. Smoke 
Simply, an owners corporation can make a strata by-law banning smoking throughout an entire strata building. Orders can also be made against residents who smoke or allow their cigarette or barbeque smoke to drift into other units and landlords can be held liable to their tenants for second hand smoke exposure. 
5. Pets 
The new strata by-laws will not remove a scheme’s ability to make its own rules about pets. However, if the new model by-law is adopted, the request to keep a pet cannot be unreasonably refused. If the owners believe approval was unreasonably withheld, they can apply to the Tribunal. 
6. Renovations
New rules mean hanging pictures; coat hooks and filling cracks can go ahead while “minor alterations” – such as kitchen or bathroom renovations, installing timber or tile floors and replacing wiring or power points no longer need a special resolution by-law. But be aware there are other laws that allow owners corporations to charge owners for any damage caused to common property.  
7. Levies 
Owners corporations will be able to get compensation if a developer promised unrealistic low levies at time of sale. By the time the owners have to pay the actual bills for services, the developer is out of the picture. Now owners can pursue them for compensation through the tribunal (NCAT). 
8. Strata contracts
Strata manager contracts will be limited to one year in the first year of a building’s life and three years thereafter. The one-year initial contract gives strata manager’s ample time to prove themselves to the committee … or otherwise. The subsequent three-year contracts allow owners corps to change strata managers more easily if the relationship isn’t working out.  
9. Votes 
The biggest technological changes in our lives have been in communication. Voting electronically, via Skype calls, by email and even good old-fashioned snail mail will be introduced. 
10. Tenants
Tenants now have a right under the new laws and will be able to attend owners corporation meetings, no matter how many of the lots are tenanted in their scheme. They may vote if they hold a proxy (giving them voting rights on a lot owner’s behalf). 
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Adrian Mueller, is senior lawyer at J.S Mueller &amp; Co and can be contacted <a href="https://muellers.com.au" target="_blank">here</a>. 
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