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.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,
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.The Legal Psychology of Disclosures in the Multi-owned Properties Context
Author or co-authors: Nicole Johnston, Karla Johnston
Published: Presented at the 13th Annual Australian College of Community Association Lawyers Conference, Melbourne 2018
Keywords: Conflicts of interest, Contracts, Information available to owners and residents, Law, Psychology,
Summary:
Drawing on insights from psychological theories and understandings of mental processing, the paper evaluates the effectiveness of disclosures in aiding purchasing decisions and in mitigating the (potential) harmful effects of conflicts of interest in the multi-owned property environment.Socio-legal approaches to property law research.
Author or co-authors: Sarah Blandy
Published: Property Law Review (2014) 3 (3), 166-175
Keywords: Comparative research, Governance, Law,
Summary:
This contribution to the special issue addresses the "what, how, what to be wary of, and why" questions about socio-legal approaches to researching property law. As will become clear, it is not possible to talk about "the" socio-legal approach; this article starts with these definitional difficulties and then discusses the range of research which can be labelled as socio-legal. Following an overview of the challenges faced by the socio-legal researcher, the article concludes by assessing the unique perspective provided by this research approach, with reference to multi-owned properties.Curbing the power of developers? Law and power in Chinese and English gated urban enclaves
Author or co-authors: Sarah Blandy, Weng Fang
Published: Geoforum (2013) June, 109-208.
Keywords: Comparative research, Developer control, Law, Qualitative research/interviews,
Summary:
This article contributes to the legal geography literature through exploration of the contested concepts of power and law and their interconnected processes. Research findings from studies of urban gated enclaves in China and in England are used as a starting point to analyse the spatialisation of power in the creation of gated urban enclaves, with a particular focus on the role of law.This framework is then applied to temporal stages in the creation and management of gated enclaves, in the context of the different legal geographies of China and England.Collective Property: Owning and Sharing Residential Space
Author or co-authors: Sarah Blandy
Published: Modern Studies in Property Law vol 7, ed. N. Hopkins, 152-172.
Funders: British Academy
Keywords: Community, Public/private, Qualitative research/interviews, Sustainability,
Summary:
The aim of this chapter is to examine, using illustrations from a co-housing development, how property is 'constituted from the bottom up' by those who live it. It is based on empirical research into how residents share and manage the non-privately owned spaces that they hold in common.Risky facilities: Analysis of crime concentration in high-rise buildings
Author or co-authors: Sacha Reid, Michael Townsley, Danielle Reynald, John Rynne
Funders: Criminology Research Council
Keywords: Building management, Law, Planning, Policy,
Summary:
This is the trends and issues paper derived from the larger project on Crime in High Rise Buildings project. The research investigated crime hotspots within the Surfers Paradise, Australia suburb which is dominated by high density and a mix of holiday and residential tenure types. By analysing actual rates and types of crime, guardianship levels, building management styles and perceptions of fear of crime, the research reveals how planning policies and high-rise building management styles can coalesce to create safer vertical communities.Crime in High-Rise Buildings: Planning for Vertical Community Safety
Author or co-authors: Sacha Reid, Michael Townsley, Danielle Reynald, John Rynne, Benjamin Hutchins
Funders: Criminology Research Council
Keywords: Building management, Community, Planning, Policy, Tourism,
Summary:
The aim of this research is to inform housing and planning policy development by exploring the variation in types and volumes of crime in a range of existing high-density communities. By analysing actual rates and types of crime, building management styles and perceptions of fear of crime, the research will reveal how policing and high-rise building management styles can coalesce to create safer vertical communities.