Navigating a complex housing landscape: University students' housing options, pathways and outcomes
Author or co-authors: Hazel Easthope, Sarah Judd, Edgar Liu
Published: State of Australian Cities National Conference 2011
Keywords: Economics / markets, Equity, Liveability, Rental housing,
Summary:
The impact of housing on students' wellbeing has recently gained much media and political attention in Australia. The dire situation of students living in overcrowded housing was, for example, highlighted by State MP Cr Clover Moore. This paper presents a typology of housing options available to students in metropolitan Sydney, as well as an overview of the complexities of the student population in Australia. Our typology will assist policymakers and practitioners to target particular housing pathways where interventionist housing policies and action will have the most impact.Oh What a Tangled Web We Weave: Strata Legislation, Equity and the Common Law
Author or co-authors: Cathy Sherry
Published: Australasian College of Community Association Lawyers Conference, Brisbane, 2015
Keywords: By-laws/rules/CC&Rs, Law,
Summary:
One of the fundamental aims of property statutes is to clarify the complexity of hundreds of years of judge-made property law. Some of that judge-made law is common law and some of it is equity. Equity presents particular challenges because remedies are discretionary and not available as of right. The state Torrens Acts, which all strata and community title Acts work in conjunction with, attempted to eradicate the operation of considerable equitable property rights, most notably the enforceability of equitable interests in land as a consequence of notice. (...)Strata Schemes and Discrimination
Author or co-authors: Cathy Sherry, Michael Teys
Published: Griffith University Strata and Community Title Conference, 2015
Keywords: Law,
Summary:
Strata schemes present real difficulties in relation to discrimination law that have not been sufficiently thought through in Australia, either by legislatures or by some tribunals. There are some activities of a strata scheme that are irrefutably captured by discrimination legislation. For example, members of executive committees are prohibited from sexually harassing their strata or building manager or engaging in racial discrimination when employing a tradesman. However, there are many activities of strata schemes that are not captured, or it is unclear if they are captured. (...)Strata Title: The New Feudalism
Author or co-authors: Cathy Sherry
Published: Keynote speaker, Lateral Property: Land, Law and Power Beyond Freehold, Birkbeck College, University of London, 2016
Keywords: By-laws/rules/CC&Rs, Law,
Summary:
High rise and master planned development are a global phenomenon. However, property law differs between jurisdictions, requiring developers to use varied doctrines of private law to support similar developments. Private property law sometimes stymies rather than facilitates development, leading developers to instigate changes in property law that are not always beneficial to the wider community. In Australia, the United States and England, high rise and master planned communities have been supported by changes in the common law and legislation, & consequently create complex property relations.Privacy and Personal Autonomy: The Social and Political Implications of By-Laws
Author or co-authors: Cathy Sherry
Published: Griffith University Strata and Community Title Conference, 2013
Keywords: By-laws/rules/CC&Rs, Law,
Summary:
Property law is the collection of rules that regulate the rights of multiple people to the limited resource of land. When a person owns land, they own from the centre of the earth to the ‘heavens’, (the Latin maxim “cuis est solum eius est usque ad coelom et ad inferos”). Strata and community title legislation regulates the rights of people to both land and airspace, ergo, it is clearly property law. Because strata and community title differ from non-strata and community title, there is a temptation to separate it from ordinary property law. (...)Fourth Generation Strata Laws for New South Wales
Author or co-authors: Cathy Sherry
Published: Law Society of NSW Specialist Accreditation Conference, 2015
Keywords: By-laws/rules/CC&Rs, Law,
Summary:
After three years of consultation, the New South Wales government has released the Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015. The Bills are open for comment until August 12, 2015 and are the latest attempt in longstanding strata title legislative efforts to ‘get it right’. Of course no legislation is ever going to ‘get it right’, remedying all the problems that plague strata schemes, because strata schemes are the sharing of limited amounts of space between multiple parties with divergent interests, desires and convictions (...)Anti-Social Behaviour, Expulsion from Condominium, and the Reconstruction of Ownership
Author or co-authors: Douglas Harris
Published: (2016) 54:1 Osgoode Hall Law Journal 53
Keywords: Dispute resolution / courts / tribunals, Home ownership, Law,
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,
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,
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,
Summary:
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