Research


Does Discrimination Law Apply to Residential Strata Schemes

Author or co-authors: Cathy Sherry

Published: Sherry, C. (2020). Does Discrimination Law Apply to Residential Strata Schemes. UNSW Law Journal, 43, 307.

This paper has been peer reviewed

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

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Summary:

Though strata title legislation is over 50 years old, important questions about its intersection with other areas of law remain unanswered, including whether discrimination law applies to residential strata schemes. Bodies corporate wield considerable power over residents’ properties and lives, and the capacity to use that power in discriminatory ways is real. As ever-increasing numbers of Australians choose or are compelled to live in strata schemes, the need to resolve this legal dilemma becomes more pressing.

Condominium Government and the Right to Live in the City

Author or co-authors: Douglas C Harris

Published: Harris, D. C. (2019). Condominium Government and the Right to Live in the City. Canadian Journal of Law & Society/La Revue Canadienne Droit et Société, 34(3), 371-392.

This paper has been peer reviewed

Keywords: Dispute resolution / courts / tribunals, Governance, Law,

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Summary:

This article considers a conflict between residential-unit owners and a commercial-unit owner within a condominium development in Vancouver's Downtown Eastside. Drawing from material produced in litigation, the article situates the dispute within its property and urban contexts to argue that condominium government requires attention, not just for its impact on owners or residents, but also because cities must now account for, work alongside, and, in some circumstances, contend with these rapidly proliferating sites of government that are helping to shape who has the right to live in the city.

Dissolving Condominium, Private Takings, and the Nature of Property

Author or co-authors: Douglas C Harris, Nicole Gilewicz

Published: Harris, D. C., & Gilewicz, N. (2015). Dissolving condominium, private takings, and the nature of property. Rethinking Expropriation Law II: Context, Criteria, and Consequences of Expropriation (The Hague, NL: Eleven, 2015), 263-297.

This paper has been peer reviewed

Keywords: Comparative research, Dispute resolution / courts / tribunals, Law, Redevelopment / termination,

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Summary:

Perhaps the single most important decision in the lifecycle of a condominium is the one to dissolve it. This paper gives an overview of various dissolution rules in various common-law jurisdictions with statutory condominium regimes, describes the rule in British Columbia before turning to several court cases revealing common issues. We develop the argument that the non-consensual dissolution of condominium is a form of private-to-private takings, in order to reveal that the choice between dissolution rules is also a choice between different conceptions of property.

2020 Australasian Strata Insights

Author or co-authors: Hazel Easthope, Sian Thompson, Alistair Sisson

Published: Easthope, H., Thompson, S. & Sisson, A. (2020) Australasian Strata Insights 2020, Sydney: City Futures Research Centre

Funders: Strata Community Association

Keywords: Comparative research, Economics / markets, Quantitative research/statistics,

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Summary:

This project, supported by Strata Community Association who are the peak body for the strata industry in Australia and New Zealand, provides a comprehensive picture of the strata industry in Australia and New Zealand, following from the first Australian National Strata Data Analysis in 2018. National, state and territory information sheets provide information on the number of strata properties, their value, the demographic characteristics of their residents, and the professionals employed to serve them.

Improving Outcomes for Apartment Residents and Neighbourhoods

Author or co-authors: Hazel Easthope, Laura Crommelin, Laurence Troy, Gethin Davison, Megan Nethercote, Sarah Foster, Ryan van den Nouwelant, Alexandra Kleeman, Bill Randolph, Ralph Horne

Published: Easthope, H., Crommelin, L., Troy, L. , Davison, G., Nethercote, M., Foster, S., van den Nouwelant, R., Kleeman, A., Randolph, B., and Horne, R. (2020) Improving outcomes for apartment residents and neighbourhoods, AHURI Final Report No. 329, Australian Housing and Urban Research Institute Limited, Melbourne, https://www.ahuri.edu.au/research/final-reports/329, doi:10.18408/ahuri-7120701.

Funders: Australian Housing and Urban Research Institute

Keywords: Architecture, Community, Design, Development, Planning, Policy,

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Summary:

This research project: • describes the characteristics of lower-income apartment residents and the places where they live in Sydney and Melbourne • identifies important issues with how well apartment developments provide for the wellbeing, community and affordability needs • considers how these issues can most effectively be addressed in high-density developments at both the building and precinct scale. It considers planning and infrastructure provision; urban design; building design and management; neighbourhood amenities and facilities; and ongoing place management and community engagement