Aurora owners fear swarms of tourists
Published: 12 May 2008.
By Shannon Molloy for Brisbane Times
After hearing news Brisbane's tallest building Aurora Towers could be turned into a hotel, some apartment owners are concerned they will soon have to put up with a swarm of tourists.
Owner-occupier Mitchell Bourke purchased his apartment a year ago and fears what lies ahead, after short-term accommodation provider the Oaks Group recently acquired the building's management rights.
The company has lodged an application with Brisbane City Council to turn the high-rise into a class-three building - or short-term accommodation provider - and has already began advertising Oaks Aurora Hotel with booking websites.
News was broken to apartment owners by the body corporate in the form of a letter about two weeks ago, which simply said the current management would be gone within a month.
Tenants and owners are yet to hear anything from the Oaks Group.
After buying an apartment in a residential building, Mr Bourke is angry many properties could now be converted to hotel suites.
The 21-year-old, who works in the residential development industry, believes a revolving door of hotel guests would quickly change the dynamic of the building.
In addition, existing problems with a lack of car parks, congestion and public amenities would likely worsen.
"I don't particularly want it to turn into a hotel," Mr Bourke said.
"The building will be generally a lot busier with people coming and going, using the pool and other amenities."
Excessive noise and over-crowding in public areas could also soon become a reality.
And past experiences with another short-term accommodation provider inter-state only add to his concern.
"I have a friend who lives in a building in Sydney that offers short-term and residential accommodation," he said.
"I went there and found the attitude towards owners from management wasn't very good - they seem to be there to help out the hotel guests.
"They don't really make any money from the owner-occupiers, so they didn't seem to care about them."
Another apartment owner, who asked he not be named, told brisbanetimes.com.au he was also concerned about the consequences of short-term accommodation.
He said after talking to other owners in the building, Oaks would have to offer a range of incentives to convert people to the "dark side".
But Mr Bourke is not convinced and fears costs associated with converting the building to accommodate hotel guests might leave him out of pocket, even though he doesn't rent out his apartment.
"I have been told it would cost a lot of money to meet fire regulations, and that alterations would have to be done to the majority of apartments," he said.
He fears the cost of such an exercise could be passed on to owners through body corporate fees - which doubled last year, making any additional charges hard to swallow, he said.
While he wants to continue living at Aurora, Mr Bourke said it now depended on what happens next.
But he is confident of one thing - he would never sign up for the Oaks short-term accommodation offer.
Body corporate is due to discuss the issue of short-term accommodation at the annual general meeting later this year, but Mr Bourke isn't hopeful of a resolution.
"I don't think they really have any say when it comes to management rights anyway."
The Oaks Group declined to comment about its acquisition of Aurora Tower, as it was yet to file notice with the Australian Stock Exchange.
The company also declined to provide details about its fee structure for managing short-term accommodation properties.
But Mr Bourke is not convinced and fears costs associated with converting the building to accommodate hotel guests might leave him out of pocket, even though he doesn't rent out his apartment.
"I have been told it would cost a lot of money to meet fire regulations, and that alterations would have to be done to the majority of apartments," he said.
He fears the cost of such an exercise could be passed on to owners through body corporate fees - which doubled last year, making any additional charges hard to swallow, he said.
While he wants to continue living at Aurora, Mr Bourke said it now depended on what happens next.
But he is confident of one thing - he would never sign up for the Oaks short-term accommodation offer.
Body corporate is due to discuss the issue of short-term accommodation at the annual general meeting later this year, but Mr Bourke isn't hopeful of a resolution.
"I don't think they really have any say when it comes to management rights anyway."
The Oaks Group declined to comment about its acquisition of Aurora Tower, as it was yet to file notice with the Australian Stock Exchange.
The company also declined to provide details about its fee structure for managing short-term accommodation properties.
Reply from: Nick
10:33am Monday, 12 May 2008
This article echoes the finding of the Griffith study carried last year on the Management Rights industry. (link: http://www.thepropertymanager.com.au/content/cms/Stratapitsresidentownersagainstinvestors/3554017/ ) – That is: The general public needs to be more aware of how Body Corporate, Unit Managers and Residents interact before they buy strata titled property.
In an effort to balance the scales a little, I want to point out that, ultimately, it’s the owners (ie: the Body Corporate), not the managers, who have almost complete control over what happens to their building.
The Owner has no obligation to enlist the Unit Manager as his letting agent – The land lord is free to appoint any appropriately licensed agent he wishes. As the Manager's primary income is rental commission, if the unit manager gets owners off-side, the letting pool will become quickly diluted by external agents. The manager's income shrinks, as does the value of their multi-million dollar Management Rights investment, whose value correlates with the size of its letting pool.
Conversely, the Manager has no obligation to provide additional services to residents who've chosen not to engage them:
“I frequently receive calls from clients wanting to know what obligations they have as on-site letting agents to provide ‘ancillary’ letting services to owners or their guests of units not in the letting pool. The simple answer is that they have no obligations to provide any letting services at all to these people.” Col Myers, Principal: Small Myers Hughes Lawyers (source: http://www.thepropertymanager.com.au/content/cms/-/3551985/)
This has nothing to do with a building being holiday letting or permanent – it’s just simple economics: It’s not the manager’s job to work for free.
If the apartment owners within the Aurora were, in fact, deeply concerned at the prospect of The Oaks buying the Management Rights as this story suggests, they would have been quite within their rights to block the transaction dead in its tracks. The only way a building could transfer it’s Management Rights to a hotel manager is if the majority of owners were agreeable to it:
“Committee’s should view the assignment process (of management rights) as a review of a potential job applicant. If a job applicant does not have the requisite skill and qualifications they do not get the job.” - Robert Herd, Principal: Herdlaw Solicitors. (source: http://www.thepropertymanager.com.au/content/cms/-/489/)
The suggestion that additional layers of local government bureaucracy is the ideal solution, as couched by urban planning committee chair, David Hinchcliffe is, in my opinion, laughable at best:
"It would make it more difficult by adding an additional process for anyone wanting to change a building's use, and I think that's entirely appropriate," Cr Hinchliffe said.
"They'd have to go through the process of lodging the application, paying the fee, having it assessed by council and meet any of council's requirements." (source: http://www.thepropertymanager.com.au/content/cms/news/3555433/)
This suggestion strikes me nothing more than Hinchcliffe’s attempting to grab additional revenue. The article completely fails to mention that Hinchcliffe’s ironically titled “Urban Planning Committee” was directly responsible for approving the tower’s inadequate parking facilities in the first place... An issue now being used to promote further government involvement. Fighting that argument is like screwing for virginity.
The beauty of a democracy, as found in a body corporate committee, is that the interests of the majority are upheld. The ultimate solution to these disputes (if a dispute even exists– the article only quotes one actual resident) is to better educate Investors, Tenants and Owner Occupiers of exactly where they stand in today’s concrete jungle.
Reply from: Shane
9:43pm Sunday, 18 May 2008
Thankfully Oaks will never be allowed to take over the city's quality buildings such as the various Admitaly buildings. It's no coincidence that the Oaks managed buildings are receiving poor reviews on www.ApartmentReviews.com.au
Reply from: Nick Buick
9:08pm Wednesday, 21 May 2008
The Oaks aren't allowed to 'take over' any building, currently. They can only purchase the management rights to the building if the previous manager agrees to sell them and the owners agree to allow the sale. The only people who don't really get a say in the transaction are the tenents... And even they are still legally entitled to stay within the parameters of their lease agreements.
As the web developer for the original pre-sales site, I was personally involved in the development right from the original planning stage and worked closely with the developers: APH. Aurora is a $200,000,000 development. Its a reasonably high-tech, high-quality building IMO... easily on par, if not better than the slightly older Admiralty buildings.
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