Instead of cash for their homes, owners get a unit in new project
A COMMON bugbear for property owners selling en bloc is the difficulty they have finding a replacement property of the same size in the same location with their proceeds.
But the 20 owners of the freehold Paterson Lodge unanimously agreed on an answer. In a unique deal with a subsidiary of listed holding company Ace Dynamics, they will not be paid in cash for their units. Instead, they will get a new unit in the project that will go up on their land.
What’s more, it will be slightly bigger than their old unit, on the same floor and facing the same view.
What makes the deal different from a handful of similar cases in the 1990s - like Eng Kong Green and Char Yong Gardens - is that the land on which Paterson Lodge stands will not be transferred to the developer until the new project is completed and the existing owners have received titles to their new apartments.
This is to protect the owners in case the developer goes bust.
In the meantime, the owners have given the developer power of attorney so it can proceed with the 35-unit project.
Apart from the 20 exchange units that Ace Dynamics must give the owners, it can sell the remaining 15 units.
It took the existing owners of Paterson Lodge almost two years to iron out the deal, working with Ace Dynamics, property agent Knight Frank and real estate lawyer SK Phang of Phang & Co.
‘An exchange like this requires the unanimous consent of owners,’ said Knight Frank executive director Foo Suan Peng.
‘This means it is easier to replicate this collective exchange in estates with a smaller number of units, and very importantly, where owners are very comfortable with one another and cooperative. This isn’t a mere financial deal where owners walk away and need not see their neighbours again.’
Ace Dynamics executive director Lim How Boon said: ‘Not a single cent changed hands. And the owners get back the chance to stay in their units.’
Paterson Lodge sales committee chairman Quah Soo Gee said that the collective sale exchange allows all the owners to keep their prestigious address, besides significantly improving the value of their units.
Although three-quarters of the owners do not live in the development, they liked the deal as the rental value of the new apartments will be higher than that of the old ones they’re giving up, said Mr Quah, an architect by training.
Agreeing with this, fellow sales committee member John Cunningham, who has owned his unit for about five years, described the collective exchange as an ‘entrepreneurial solution’ for owners who like living in the same area after they’ve done an en bloc sale.
‘It is a nice exchange. We’re getting back much nicer apartments than the units we exchanged in a nicer environment and with facilities,’ said Mr Cunningham, creative director of ACTs of Life, which conducts speech, dance and arts classes and workshops.
‘If I don’t do an exchange, it (my apartment) is going to be sold out from under me and I won’t be able to live in this area - even if I screamed all the way to the STB (Strata Titles Board). This is the better of two evils.’
This is how the deal was structured. The existing 20 units in six-storey Paterson Lodge comprise 10 apartments of 743 sq ft and 10 others of 926 sq ft. The new Paterson Lodge that Ace Dynamics will build will be a 10-storey development with 35 units ranging in size from 861 sq ft to 1,033 sq ft.
Ace Dynamics will have to pay a development charge of about $4 million for the right to enhance the use of the site by building a new project with a gross floor area (GFA) of 32,472 sq ft - about 57 per cent more than the existing GFA.
On the top floor will be three penthouses. The project will also have a swimming pool, jacuzzi, gym and BBQ pits - none of which are present at today’s Paterson Lodge.
The current values of the existing apartments range from $630,000 to $800,000. The new units, assuming a price of $1,200 psf on average currently, will be worth about $1 million to $1.24 million.
Assuming prime district residential property prices escalate to $1,700 psf in two to three years, when units in the redeveloped project are handed over to the owners, the replacement units could be worth $1.5 million to $1.8 million, says Knight Frank.
‘This works out to a collective exchange premium of at least 100 per cent for the owners,’ said Mr Foo.
The advantage to the developer is that it does not have to fork out a large amount of money to buy the land upfront, thus saving on finance costs and cash flow.
It basically only pays for the construction cost and fees.
Lawyer SK Phang said the Paterson Lodge deal is the first collective exchange since en bloc rules were amended in late 1999 to allow collective sales without unanimous approval. ‘However, for a deal like this to go through, you have to get unanimous approval, otherwise it gets messy.’
Current en bloc sale legislation provides that minority owners who object to a collective sale must be given a cash payment option. To determine the cash price, the most transparent method is to hold a tender and use the highest bid as the basis. However, the top bidder may not want to do an exchange, and may be unhappy if his bid is used only to serve as a pricing peg for another developer to do an exchange, Dr Phang explained.
Hence, collective exchanges are best in developments with a relatively small number of like-minded owners.
Ace Dynamics’ Mr Lim said his company is looking at other such deals in prime areas.
Source : Business Times - 23 Mar 2006