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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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Airbnb 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:

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Building 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 living

Same Building, Different Law: Global Property Development in Disparate Common Law Systems Over Two Centuries

Author or co-authors: Cathy Sherry

Published: COBRA, UTS, July, 2015

Keywords: Law,

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Owning 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,

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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.

The Dynamics of Enduring Property Relationships in Land

Author or co-authors: Sarah Blandy, Susan Bright, Sarah Nield

Published: The Modern Law Review (2018) 81(1), 85-113

Keywords: Law,

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Summary:

This article proposes a new way of looking at property relationships that will enrich our understanding of how they operate. It focuses on property rights in land which are consensual in origin, although this approach could usefully be applied both to non-consensual property relationships and to other property types. Recognising both the temporal and spatial dimensions of land, the dynamics approach reflects the fact that most property relationships are lived relationships, affected by changing patterns and understandings of spatial use, relationship needs, economic realities, opportunities.