Research

Anti-Social Behaviour, Expulsion from Condominium, and the Reconstruction of Ownership

Author or co-authors: Douglas C Harris

Published: (2016) 54:1 Osgoode Hall Law Journal 53

Keywords: Dispute resolution / courts / tribunals, Home ownership, Law,

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Summary:

Statutory condominium regimes facilitate massive increases in the density of owners. The courts are responding to this spatial reorganization of ownership by reconstructing what it means to be the owner of an interest in land. This article analyzes the ten cases over eight years (2008-2015) in which Canadian courts grant eviction and sale orders against owners within condominium for anti-social behaviour.

How Indefeasible is Your Strata Title? Unresolved Torrens Problems is Strata and Community Title

Author or co-authors: Cathy Sherry

Published: Bond Law Review, vol. 21, pp. 159-181

Keywords: By-laws/rules/CC&Rs, Law,

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Summary:

Nothing sets my teeth on edge like a real estate sign screaming ‘Oversized Torrens Title Townhouses’. This is because it is unlikely that new townhouses could be on Old System titles. So why do agents use the term Torrens? Because what they in fact mean by ‘Torrens Title’ is ‘not strata title’ and ‘not community title’. Of course, strata and community title are Torrens title, but what agents are trying to convey is that the townhouses do not have titles burdened by the restrictions, obligations, social and legal complications that come with ownership of strata or community title.

Does Discrimination Law Apply to Strata Schemes?

Author or co-authors: Cathy Sherry

Published: Law Society of New South Wales Property Law Specialist Accreditation Conference, 4 August, 2017, Sydney

Keywords: By-laws/rules/CC&Rs, Law,

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Summary:

Discrimination law typically applies in the public, not private sphere • Refusing to allow a guide dog into your private home or refusing to date someone because of their religion or ethnicity might make you an unpleasant person, but it is not illegal • Strata schemes are private property and it is not clear whether discrimination law applies to them • The strata Acts recognise this in the prohibition on by-laws that ban guide and hearing dogs and/or assistance animals – if those provisions were not there, prima facie schemes could prevent those animals entering schemes (...)

A Bigger Strata Footprint: Are We Aware of the Implications?

Author or co-authors: Cathy Sherry

Published: Griffith University Strata and Community Title Conference, 2011

Keywords: By-laws/rules/CC&Rs, Law,

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Lessons in Personal Freedom and Functional Land Markets: What Strata and Community Title Can Learn from Traditional Doctrines of Property

Author or co-authors: Cathy Sherry

Published: University of New South Wales Law Journal, vol. 36, pp. 280-315.

Keywords: By-laws/rules/CC&Rs, Law,

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