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:
To insertLessons 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,
Summary:
To insertAirbnb Short-Term Letting in Strata Schemes
Author or co-authors: Cathy Sherry
Published: Australian Law Journal, vol. 91, pp. 954-7
This paper has been peer reviewed
Keywords: By-laws/rules/CC&Rs, Law, Planning, Rental housing,
Summary:
To insertBuilding Management Statements and Strata Management Statements: Unholy Mixing of Contract and Property
Author or co-authors: Cathy Sherry
Published: Australian Law Journal, vol. 87, pp. 393-403.
This paper has been peer reviewed
Keywords: By-laws/rules/CC&Rs, Law,
Summary:
Large-scale developments are increasingly subdivided between separate “stratum” owners who share common facilities. The rights and responsibilities of owners are regulated by a registered building management statement (BMS) or strata management statement (SMS). BMSs and SMSs are not contracts; they are registered Torrens instruments. Agreements made can be suboptimal, or become so through the passage of time. Principles of property law have traditionally allowed courts to safeguard the utility of land and courts should continue to perform this role within the BMS and SMS statutory framework.Recent Developments in Strata Law: By-Law Making Power and Short-Term Letting
Author or co-authors: Cathy Sherry
Published: Australian Law Journal, vol. 90, pp. 853-9
This paper has been peer reviewed
Keywords: By-laws/rules/CC&Rs, Dispute resolution / courts / tribunals, Law, Rental housing,
Summary:
Can a strata owners corporation (body corporate) pass a valid by-law prohibiting lot owners from entering into short-term lettings of their apartments? According to the recent decision of the Victorian Supreme Court in Owners Corporation PS 501391P v Balcombe [2016] VSC 384 (Riordan J), the answer is no. This note considers that decision and its consequences in Victoria and other Australian States.The New South Wales Strata and Community Titles Acts: A Case Study of Legislatively Created High Rise and Master Planned Communities
Author or co-authors: Cathy Sherry
Published: International Journal of Law in the Built Environment, vol. 1, pp. 130-142
Keywords: By-laws/rules/CC&Rs, Law,
Summary:
This paper presents a case study of the legislative creation of high rise and master planned communities. The case study addresses relevant legislation in New South Wales, Australia. This has been a model for that in other jurisdictions, including Singapore. The legislation is shown to have achieved a range of outcomes that are not possible in ordinary Anglo-Australian property law. The research describes the legal framework for the creation of communities in a single jurisdiction. More research is needed on the specific way that legal structures hinder or promote satisfactory community livingSame Building, Different Law: Global Property Development in Disparate Common Law Systems Over Two Centuries
Summary:
To insertOwning and Dissolving Strata Property
Author or co-authors: Douglas Harris
Published: (2017) 50:4 UBC Law Review 935
This paper has been peer reviewed
Keywords: Home ownership, Law, Redevelopment / termination,
Summary:
Strata or condominium property creates multiple privately owned lots or units within an association of owners. Dissolving strata property involves winding-up the association and terminating the private interests. As a result, the non-consensual dissolution of strata property involves the taking of property from those owners who oppose dissolution. This article analyzes British Columbia’s move to facilitate non-consensual dissolution by lowering the required threshold in a dissolution vote from unanimous consent to 80 percent of owners.