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Authored/ Co-authored Research

Title: Under-Supply of Schooling in the Gentrified and Regenerated Inner City

Published: Cities, vol. 56, pp. 16 – 23

Author/Co-authors: Cathy Sherry, Hazel Easthope

Keywords: Children, Liveability, Planning, Policy, Public/private, Sustainability,

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Summary:

Governments and planners in the Global North are increasingly faced with the challenge of providing services for growing numbers of families in the inner city. This article explores the actual and projected presence of children in inner Sydney and the pressure that gentrification and high density development has placed on school places. The conclusion of the research is that inner urban redevelopment must include sufficient public space and infrastructure not only for schools in the immediate future, but also for adaptive reuse for other, perhaps equally unanticipated, needs in the longer-term

Title: Exploring the regulatory framework and governance of decentralised water management systems: a strata and community title perspective

Published: National Water Commission

Funders: National Water Commission

Author/Co-authors: Nicole Johnston, Jan Warnken, Chris Guilding

Keywords: Environment, Governance, Qualitative research/interviews, Sustainability, Utilities / networks,

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Summary:

The broad aim of the report is to explore the regulatory framework and governance issues associated with decentralised water management systems ) within a strata and community title (S&CT) context. Concerns about the capacity of centralised water supply systems to deliver reliable and secure water supplies have triggered interest in the potential of localised DWMSs as an alternative approach to water management. S&CT developments appear to represent strong potential vehicles for promoting DWMSs because there is an extant legislative framework that supports the governance and management .

Title: Governing the Compact City: The challenges of apartment living in Sydney, Australia

Published: Housing Studies; v. 24; no. 2; pp. 243 – 259; 0267-3037 (ISSN)

This paper has been peer reviewed

Author/Co-authors: Hazel Easthope, Bill Randolph

Keywords: Development, Equity, Governance, Law, Planning, Redevelopment / termination,

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Summary:

This paper addresses the challenges facing the strata sector in Sydney in the context of current Australian metropolitan planning strategies promoting increased urban consolidation. It argues that the current focus on higher density development is vulnerable to challenges of regulation, representation and termination in strata developments. Furthermore, the increasing size and complexity of strata schemes as well as the existence of ageing strata stock are placing pressure on the strata title system in NSW . The concept of ‘governance’ provides one mechanism for improving understanding.

Title: Strata Stakeholder Mapping

Published: City Futures Research Centre, University of New South Wales

Author/Co-authors: Hazel Easthope, Caitlin Buckle, Sian Thompson

Keywords:

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Summary:

This document is intended as a reference document to help organisations understand the formal connections between the various stakeholders involved in the strata sector and beyond in Sydney.

Title: Governing the Compact City: The role and effectiveness of strata management

Published: City Futures Research Centre, UNSW; Sydney

Funders: This report is based on research undertaken with Australian Research Council Grant LP0989373 with support from Strata Community Australia (NSW), NSW Fair Trading, NSW Land and Property Information, the Owners Corporation Network of Australia Ltd. , Lannock Strata Finance and Macquarie Bank.

Author/Co-authors: Hazel Easthope, Bill Randolph, Sarah Judd

Keywords: Building management, By-laws/rules/CC&Rs, Community, Defects, Disputes/conflict, Governance,

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Summary:

This Executive Summary outlines the main findings of the research project . The project had three major aims:
1. To explore the role, capacity and effectiveness of owners corporations as agencies of property governance and management in contemporary urban Australia.
2. To explore the capacity and effectiveness of strata managing agents as mediators of outcomes for residents and owners in the sector, and their role and function within the overall structure of management and governance.
3. To assess how well residential strata works from strata owners’ points of view.

Title: Home Modifications in Strata: Final Report

Published: City Futures Research Centre 2013

Funders: Leichhardt Council

Author/Co-authors: Hazel Easthope, Ryan van den Nouwelant

Keywords: Building improvements, Repairs and maintenance,

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Summary:

The research reports on:
– Home modification needs in strata schemes identified by residents, peak body representatives and other professionals.
– Existing policy and legislation that affects the process of undertaking home modifications in strata titled properties.
– Challenges in undertaking home modifications and opportunities for change.

Title: Renewing the Compact City: Economically viable and socially sustainable approaches to urban redevelopment

Published: City Futures Research Centre, UNSW Australia; Sydney, Australia

Funders: Scheme – LINKAGE PROJECT, Funder ref. no. – LP130100400, Funding agency – AUSTRALIAN RESEARCH COUNCIL

Author/Co-authors: Hazel Easthope, Laurence Troy, Bill Randolph, Laura Crommelin, Simon Pinnegar

Keywords: Development, Planning, Redevelopment / termination,

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Summary:

The aim of this project was to explore equitable and viable solutions to what has emerged as a fundamental issue facing Australian cities in coming decades: how to effectively, efficiently and inclusively redevelop older areas of privately owned multi‐unit strata titled housing to achieve the higher densities needed to accommodate population growth without exacerbating social inequalities and collateral social disruption. The research therefore addresses questions of both feasibility and equity regarding the termination and renewal of strata schemes.  

Title: Retirement Village or the General Community? Downsizing Choices of Older Australians

Published: State Of Australian Cities Conference 2015

Funders: Australian Housing and Urban Research Institute

Author/Co-authors: Hazel Easthope, Bruce Judd, Edgar Liu, Catherine Bridge

Keywords: Aged housing, Liveability,

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Summary:

Of the 18% of Australians 50 years of age and older who moved between 2006 and 2011, it is estimated that around half had downsized by number of bedrooms. The majority downsized into private housing in the general community and around one fifth into retirement villages. This paper compares the demographic characteristics of these two groups, circumstances leading to moving, considerations made in their choice of accommodation, difficulty of the moving process and their satisfaction with the outcomes.

Title: Urban renewal and strata scheme termination: Balancing communal management and individual property right

Published: Environment and Planning A; v. 45; no. 6; pp. 1421 – 1435; 0308-518X (ISSN)

Author/Co-authors: Hazel Easthope, Sarah Hudson, Bill Randolph

Keywords: Development, Law, Planning, Redevelopment / termination,

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Summary:

This paper makes particular reference to the implications of this debate in the greater Sydney metropolitan area, which raises universal issues regarding tensions between the government and the market and between individual rights and the collective good. This paper argues that there is a case for changing the legislation, with government involvement required to respond to the significant social issues raised, to guarantee the needs of existing owners and tenants are met, and to ensure that high quality, economically viable, buildings result.

Title: Managing Major Repairs in Residential Strata Developments in New South Wales

Funders: NSW Office of Fair Trading

Author/Co-authors: Hazel Easthope, Bill Randolph, Sarah Judd

Keywords:

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Summary:

This document reports on the findings of research carried out by the City Futures Research Centre at the University of NSW into the management of major repairs and maintenance of common property in residential strata properties (containing three or more lots) in New South Wales. This is the first report to outline the attitudes and experiences of strata owners towards planning for major repairs and maintenance in NSW.

Title: How property title impacts urban consolidation: a lifecycle examination of multi-title developments

Published: Urban Policy and Research; v. 32; no. 3; pp. 289 – 304; 1476-7244 (ISSN)

This paper has been peer reviewed

Author/Co-authors: Hazel Easthope, Cathy Sherry, Nicole Johnston, Sacha Reid, Jan Warnken, Eddo Coiacetto, Diane Dredge, Chris Guilding, Dawne Lamminmaki

Keywords: Building management, Developer handover, Development, Redevelopment / termination,

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Summary:

This article employs a life cycle framework to examine the profound operational and governance challenges that are associated with the fusion of private lot ownership with common property ownership. The article calls for a more explicit recognition of these challenges by academics, policymakers, practitioners and the broader community.

Title: Principal–agent problems in multi-unit developments: The impact of developer actions on the on-going management of strata titled properties

Published: Environment and Planning A; v. 48; no. 9; pp. 1829 – 1847; 1472-3409 (ISSN)

This paper has been peer reviewed

Funders: The research reported in this paper was supported under the Australian Research Council’s Linkage Projects funding scheme [project number LP0989373]

Author/Co-authors: Hazel Easthope, Bill Randolph

Keywords: Building management, Developer control, Developer handover, Development, Governance,

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Summary:

This paper demonstrates the impact the actions of developers during the design and build phases of multi-unit residential developments can have on the quality and effectiveness of the on-going management of developments. The findings presented are drawn from a large research project that included interviews and surveys with property owners, executive committee (body corporate) members, strata (property) managers, and peak body representatives about the management of strata schemes in the state of New South Wales in Australia.

Title: The role of retirees in residential “private governments”

Published: Journal of Urban Affairs; v. 37; no. 3; pp. 311 – 326; 1467-9906 (ISSN)

This paper has been peer reviewed

Funders: This research was funded by the Australian Research Council under the Linkage Grants Program (LP0989373). The project partners for the larger project were Strata Community Australia (NSW), the Owners Corporation Network of Australia, NSW Fair Trading, NSW Land and Property Information, Lannock Strata Finance, and Macquarie Bank.

Author/Co-authors: Hazel Easthope

Keywords: Building management, Community, Information available to owners and residents, Quantitative research/statistics,

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Summary:

The article argues there has been a devolution of responsibility to the “private governments” that manage strata schemes, without sufficient support and training. To address this challenge, and realize the potential benefits afforded by the increasing availability of retired volunteers, increased support is essential to encourage better property management and underpin the good governance of urban areas.

Title: Children in Apartments: Implications for the Compact City

Published: Urban Policy and Research; v. 29; no. 4; pp. 415 – 434; 1476-7244 (ISSN)

This paper has been peer reviewed

Funders: Sydney Olympic Park Authority

Author/Co-authors: Hazel Easthope, Andrew Tice

Keywords: Children, Development, Planning,

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Summary:

This article presents an innovative analysis of Australian Census data that identifies lower income households with children as a significant sub-sector of the resident apartment population, geographically concentrated in the lower value middle-ring suburbs of Sydney. An examination of one middle-ring urban renewal site (the Sydney Olympic Park site) provides evidence to suggest that new residential developments adjacent to areas dominated by an apartment market with a significant proportion of lower income families with children are themselves likely to see an influx of these households.

Title: The Rise of Micro-government: Strata Title, Reluctant Democrats and the New Urban Vertical Polity

Published: The Public City: Essays in Honour of Paul Mees; Chapter no. 15; pp. 210 – 224; 9780522867305 (ISBN)

Author/Co-authors: Hazel Easthope, Bill Randolph

Keywords: Building management, Planning, Policy, Public/private,

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Summary:

Paul Mees’ urban ideal counted on watchful, confident and well-informed citizenry to work collectively in a quest for fair and just cities. As such, The Public City is largely a critique of neo-liberalism and its arguably negative influence on urban prospects. As Mees explained it, neo-liberal urbanism was much more than a political aberration; it was a threat that imposed many costly failures in an age overshadowed by grave ecological challenges. This chapter is Bill Randolph and Hazel Easthope’s strata-related contribution to this collection.

Title: Living Well in Greater Density

Author/Co-authors: Hazel Easthope, Sarah Judd

Keywords: Community, Liveability,

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Summary:

In this report we provide a review of Australian and international literature on issues faced by people living in higher density. Our focus is at the level of resident experience and at the scale of the building or development. This review is supported by the input of a range of stakeholders with an extensive knowledge of these issues who participated in a workshop discussion in Sydney (see below for a list of participants). We investigate these issues with regard to the lived experience of residents in higher density dwellings across tenures and forms of housing provision.

Title: Downsizers and Other Movers: The Housing Options, Choices and Dilemmas of Older Australians

Published: Universal Design 2014: Three Days of Creativity and Diversity; v. 35; 978-1-61499-403-9 (ISBN)

Author/Co-authors: Hazel Easthope, Bruce Judd, Edgar Liu, Catherine Bridge

Keywords: Aged housing,

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Summary:

Based on findings from two recent research projects funded by the Australian Housing and Urban Research Institute, this paper explores why most older Australians remain in their own homes, why those who do move or downsize do so, into what types of dwellings and tenure, and how they go about this process. The findings challenge conventional understandings of both housing utilization and downsizing.

Title: Downsizing amongst older Australians, AHURI Final Report No.214

Published: Australian Housing and Urban Research Institute; Melbourne

Funders: Australian Government

Author/Co-authors: Hazel Easthope, Bruce Judd, Edgar Liu, Laura Davy, Catherine Bridge

Keywords: Aged housing,

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Summary:

The broad aim of this research was to understand more fully the phenomenon of
downsizing in the Australian context including: the extent of downsizing amongst older Australians; who downsizes and why; what is involved in the process; what are the outcomes; what obstacles discourage downsizing; and what policies could facilitate downsizing where appropriate and desired by older people.

Title: Understanding Downsizing in Later Life and its Implications for Housing and Urban Policy

Published: State of Australian Cities Conference 2013: Refereed Proceedings; 1740440331 (ISBN)

Author/Co-authors: Hazel Easthope, Bruce Judd, Edgar Liu, Catherine Bridge

Keywords: Aged housing,

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Summary:

This paper discusses the findings of a recently completed AHURI research project on downsizing involving analysis of ABS data, and a national mail survey together with in-depth interviews and policy forums in three states of Australia (New South Wales, Victoria and South Australia). Based on the survey findings and ABS analysis it provides an estimate of the extent of downsizing in Australia. It then explores how downsizing is conceptualised in the academic and policy literature as well as in the popular understanding of the older participants in the survey and interviews.

Title: Green Square Community Survey 2014: Final Report

Published: City Futures Research Centre; Sydney, Australia 2014

Funders: City of Sydney Council

Author/Co-authors: Hazel Easthope, Sian Thompson, Nicole McNamara

Keywords: Community, Liveability, Planning,

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Summary:

So that the City of Sydney can identify how it might best support communities’ social wellbeing associated with environmental, economic and social changes, it is essential to collect information about the experiences and desires of residents and workers. To this end, this report presents the results of a community survey of residents and workers in the Green Square Urban Renewal Area in Sydney, Australia.

Title: Green Square Pilot Survey: Final Report

Published: City Futures Research Centre; Sydney 2013

Funders: City of Sydney Council

Author/Co-authors: Hazel Easthope, Nicole McNamara

Keywords: Community, Liveability, Planning,

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Summary:

This report presents the findings from a study of social interaction and social cohesion undertaken in the
Green Square urban renewal area in Sydney, Australia. The study involved the development and piloting of
a community survey.

Title: An Examination of How Conflicts of Interest Detract from Developers Upholding Governance Responsibilities in the Transition Phase of Multi-Owned Developments: A Grounded Theory Approach

Funders: The Australian College of Community Association Lawyers (ACCAL) provided a doctoral scholarship

Author/Co-authors: Nicole Johnston

Keywords: Conflicts of interest, Developer control, Development, Governance, Law, Qualitative research/interviews,

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Summary:

The multi-owned development (MOD) is a unique property type consisting of at least two individually owned lots tied to communally owned common property with a separate registered entity (the body corporate) created to govern and manage the property. While the body corporate is the ultimate governing entity and the orchestra of operations for much of a MOD’s life, there is a period of time when a MOD’s developer makes governing decisions. This study is therefore exploratory in nature, as it seeks to uncover the nature of governance decisions made by developers during the transition phase.

Title: Multi-owned properties in Australia: a governance typology of issues and outcomes

Published: International Journal of Housing Markets and Analysis, Vol. 8 Issue: 4

Author/Co-authors: Nicole Johnston, Eric Too

Keywords: Conflicts of interest, Disputes/conflict, Financial management, Governance, Law,

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Summary:

The purpose of this study is to develop a governance typology which identifies governance issues and outcomes. The study reviewed the legislation in three Australian states to identify specific governance categories and the legislative requirements related to those categories. To gain group opinion about the specific governance issues and outcomes, the Delphi method was utilised whereby industry experts participated in a two-round survey questionnaire. A typology was developed as a result of consensus found between participants. The findings identified key governance issues and outcomes.

Title: Multi-owned developments : a life cycle review of a developing research area

Published: Property Management, Vol. 31 Issue: 5

Author/Co-authors: Nicole Johnston, Sacha Reid

Keywords:

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Summary:

The purpose of this paper is to highlight the international significance of multi-owned developments, present an MOD life cycle conceptual model and review the range of identified peer-reviewed empirical research papers. The paper utilises an exploratory qualitative methodology to collate and analyse literature focusing on MODs. From the 403 research papers identified 96 peer-reviewed empirical research papers specific to MODs were examined. A MOD life cycle model has been conceptualised to facilitate a content analysis of the reviewed papers. The findings of this paper highlights the gaps

Title: Examining developer actions that embed protracted conflict and dysfunctionality in staged multi-owned residential schemes

Published: Proceedings of the Pacific Rim Real Estate Society 2012 annual conference

Author/Co-authors: Nicole Johnston, Sacha Reid, Chris Guilding

Keywords: Developer control, Developer handover, Governance, Qualitative research/interviews,

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Summary:

Anecdotal evidence suggests that if inappropriate decisions are made by developers in the initial establishment phase of multi-owned residential schemes, conflict and long-term dysfunctionalism for the eventual owners result. This paper maps out practises commonly utilised by developers in establishing staged, multi-owned residential developments and the consequences that these practises can have on a scheme in the short and long-term. Findings stemming from twelve semi-structured interviews conducted with key strata and community title industry experts from around Australia.

Title: Risky facilities: Analysis of crime concentration in high-rise buildings

Funders: Criminology Research Council

Author/Co-authors: Sacha Reid, Michael Townsley, Danielle Reynald, John Rynne

Keywords: Building management, Law, Planning, Policy,

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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.

Title: Collective Property: Owning and Sharing Residential Space

Published: Modern Studies in Property Law vol 7, ed. N. Hopkins, 152-172.

Funders: British Academy

Author/Co-authors: Sarah Blandy

Keywords: Community, Public/private, Qualitative research/interviews, Sustainability,

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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.

Title: Socio-legal approaches to property law research.

Published: Property Law Review (2014) 3 (3), 166-175

Author/Co-authors: Sarah Blandy

Keywords: Comparative research, Governance, Law,

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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.

Title: The Legal Psychology of Disclosures in the Multi-owned Properties Context

Published: Presented at the 13th Annual Australian College of Community Association Lawyers Conference, Melbourne 2018

Author/Co-authors: Nicole Johnston, Karla Johnston

Keywords: Conflicts of interest, Contracts, Information available to owners and residents, Law, Psychology,

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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.

Title: The Dynamics of Enduring Property Relationships in Land

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

Author/Co-authors: Sarah Blandy, Susan Bright, Sarah Nield

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.

Title: Owning and Dissolving Strata Property

Published: (2017) 50:4 UBC Law Review 935

Author/Co-authors: Douglas C Harris

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.

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

Published: COBRA, UTS, July, 2015

Author/Co-authors: Cathy Sherry

Keywords: Law,

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Summary:

To insert

Title: Lessons in Personal Freedom and Functional Land Markets: What Strata and Community Title Can Learn from Traditional Doctrines of Property

Published: University of New South Wales Law Journal, vol. 36, pp. 280-315.

Author/Co-authors: Cathy Sherry

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

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Summary:

To insert

Title: A Bigger Strata Footprint: Are We Aware of the Implications?

Published: Griffith University Strata and Community Title Conference, 2011

Author/Co-authors: Cathy Sherry

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

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Summary:

To insert

Title: Does Discrimination Law Apply to Strata Schemes?

Published: Law Society of New South Wales Property Law Specialist Accreditation Conference, 4 August, 2017, Sydney

Author/Co-authors: Cathy Sherry

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 (…)

Title: How Indefeasible is Your Strata Title? Unresolved Torrens Problems is Strata and Community Title

Published: Bond Law Review, vol. 21, pp. 159-181

Author/Co-authors: Cathy Sherry

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

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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.

Title: Anti-Social Behaviour, Expulsion from Condominium, and the Reconstruction of Ownership

Published: (2016) 54:1 Osgoode Hall Law Journal 53

Author/Co-authors: Douglas C Harris

Keywords: Dispute resolution / courts / tribunals, Home ownership, Law,

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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.

Title: Fourth Generation Strata Laws for New South Wales

Published: Law Society of NSW Specialist Accreditation Conference, 2015

Author/Co-authors: Cathy Sherry

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

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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 (…)

Title: Privacy and Personal Autonomy: The Social and Political Implications of By-Laws

Published: Griffith University Strata and Community Title Conference, 2013

Author/Co-authors: Cathy Sherry

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

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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. (…)

Title: Strata Title: The New Feudalism

Published: Keynote speaker, Lateral Property: Land, Law and Power Beyond Freehold, Birkbeck College, University of London, 2016

Author/Co-authors: Cathy Sherry

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

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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.

Title: Strata Schemes and Discrimination

Published: Griffith University Strata and Community Title Conference, 2015

Author/Co-authors: Cathy Sherry, Michael Teys

Keywords: Law,

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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. (…)

Title: Oh What a Tangled Web We Weave: Strata Legislation, Equity and the Common Law

Published: Australasian College of Community Association Lawyers Conference, Brisbane, 2015

Author/Co-authors: Cathy Sherry

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

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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. (…)

Title: Navigating a complex housing landscape: University students’ housing options, pathways and outcomes

Published: State of Australian Cities National Conference 2011

Author/Co-authors: Hazel Easthope, Sarah Judd, Edgar Liu

Keywords: Economics / markets, Equity, Liveability, Rental housing,

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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.

Title: MyPlace Green Square Community Survey 2017

Funders: City of Sydney Council

Author/Co-authors: Hazel Easthope, Caitlin Buckle, Sian Thompson, Edgar Liu

Keywords: Community, Liveability, Planning,

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Summary:

Green Square is the largest urban redevelopment project in the southern hemisphere, and one of the fastest growing areas in Sydney. This research aimed to develop a survey tool for on-going assessment of social interactions and social cohesion at a large-scale urban renewal site that could be used to measure the nature of social cohesion and social interaction, identify opportunities/barriers residents face regarding social cohesion and community development, understand wellbeing of residents and workers, including satisfaction/attachment to the area, preferences and desires, and future plans.

Title: MyPlace Ashmore Community Survey 2017

Funders: City of Sydney Council

Author/Co-authors: Hazel Easthope, Caitlin Buckle, Sian Thompson, Edgar Liu

Keywords: Community, Liveability, Planning,

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Summary:

The 17ha Ashmore Precinct is one of the City of Sydney’s largest urban development projects. This research aimed to develop a survey tool for on-going assessment of social interactions and social cohesion at a large-scale urban renewal site that could be used to measure the nature of social cohesion and social interaction, identify opportunities/barriers residents face regarding social cohesion and community development, understand wellbeing of residents and workers, including satisfaction/attachment to the area, preferences and desires, and future plans.

Title: Sharing Property: Multi-owned Property Workshop

Author/Co-authors: Cathy Sherry, Sarah Blandy, Clare Mouat

Keywords: By-laws/rules/CC&Rs, Community, Comparative research, Dispute resolution / courts / tribunals, Governance, Information available to owners and residents, Law, Redevelopment / termination,

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Summary:

Multi-owned properties constitute an ever-growing proportion of the world’s commercial and residential building stock. The multiplicity of owners and tenants produces social and legal complexity that many existing legal systems struggle to accommodate. On 29 September 2017, a diverse group of researchers, practitioners, policy and decision makers met to discuss the challenges of multi-owned properties. The themes of the workshop were drawn from the key ideas of ‘Dynamics of Enduring Property Relations’ (Blandy, Bright & Nield 2017). This is a summary of the workshop’s deliberations.

Title: Australian National Strata Data Analysis

Author/Co-authors: Hazel Easthope, Caitlin Buckle, Vandanna Mann

Keywords: Building management, Development, Economics / markets,

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Summary:

This project, supported by Strata Community Association who are the peak body for the strata industry in Australia, provides the first comprehensive national picture of the strata industry. The national (and 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. The accompanying report provides detail on the data collection methodology.

Title: Stakeholder engagement in Kelvin Grove Urban Village

Funders: Kelvin Grove Urban Village Principal Body Corporate

Author/Co-authors: Mirko Guaralda, Lewis Atkinson, Kirralie Houghton, Glenda Amayo Caldwell, Severine Mayere, Tan Yigitcanlar, Richard Medland

Keywords: Community, Information available to owners and residents, Liveability, Sociology,

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Summary:

The Kelvin Grove Principle Body Corporate has commissioned this Report. The objective is to gather a better understanding of the permanent and transient population of KGUV as well as to understand which communication strategies could work better to engage and interact with KGUV city dwellers. There is an additional research component of the project that investigates the lived and perceived space of KGUV and builds on previous research by Guaralda, Yigitcanlar, Caldwell and Houghton about knowledge communities, creative suburbs, placemaking and community engagement.

Title: Gatekeeping information in the multi-owned property environment: stymieing buyers’ rights to discover and decide

Author/Co-authors: Nicole Johnston, Rebecca Leshinsky

Keywords: Governance, Home ownership, Information available to owners and residents, Law, Policy, Quantitative research/statistics,

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Summary:

The purpose of this paper is to examine the extent to which gatekeepers of information stymie due diligence investigations in the multi-owned property environment. The study reviewed and analysed the relevant state legislative provisions providing statutory protections for (pre)purchasers of lots within the multi-owned property context. Further, an exploratory survey questionnaire was distributed to owners corporation (OC) managers in Victoria to gain knowledge and a greater understanding of the extent to which OC managers are gatekeepers of information.

Title: Gardens in the sky: Emotional experiences in the communal spaces at height in the Pinnacle@Duxton, Singapore

This paper has been peer reviewed

Funders: Ministry of Higher Education, Malaysia.

Author/Co-authors: Philip Oldfield, Yuri Hadi, Tim Heath

Keywords: Architecture, Design, Environment, Governance, Psychology,

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Summary:

Highlights
The experiences and emotions of skygarden users and stakeholders is explored.
Management fear of anti-social behaviour increases at height.
Stringent rules in the skygardens fuel a sense of frustration in the residents.
A sense of contested ownership exists between residents and skygarden management.
Skygardens provide an opportunity for escapism from dense vertical living.

Title: Making a Rental Property Home

Published: Housing Studies; v. 29; no. 5; pp. 279 – 296; 1466-1810 (ISSN)

This paper has been peer reviewed

Author/Co-authors: Hazel Easthope

Keywords: Equity, Policy, Rental housing,

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Summary:

English-language literature on the relationship between home and dwelling has largely focused on the benefits of homeownership and (to a lesser extent) social rental in
facilitating ontological security. Less consideration has been given to the experiences of private tenants. This paper draws on findings of a study on security of occupancy to discuss private renters’ ability to exercise control over their dwellings in Australia vs. Germany. It discusses the limitations of Australian legislation, within its policy, market and cultural context, in enabling private tenants to exercise control.

Title: Weak Tie Relationships in High Density Residential Areas and the Types of Spaces Used to Maintain Them

Published: proceeding of the State of Australian Cities Conference, Gold Coast, 9-11 December 2015

This paper has been peer reviewed

Author/Co-authors: Sian Thompson, Hazel Easthope, Gethin Davison

Keywords: Community, Liveability, Planning, Qualitative research/interviews,

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Summary:

The next few decades will see a significant increase in high density development in strategic centres in Australian cities, if current city plans are put into practice. The social consequences of this shift towards higher density are profound and will have a significant impact on Australian cities’ social sustainability. This research provides insights into how people use spaces socially in high density, and which kinds of spaces are likely to facilitate the maintenance of weak ties. These findings can inform the design and planning of socially sustainable high density areas.

Title: Losing Control at Home?

Published: In R. Freestone and E. Liu (eds) Place and Placelessness Revisited, Routledge: New York, 108-119.

This paper has been peer reviewed

Author/Co-authors: Hazel Easthope

Keywords: Home ownership, Liveability, Policy, Rental housing, Sociology,

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Summary:

Two significant changes in housing patterns have impacted on the ability of people to become attached to, and identify with, their dwelling because of tensions between these ways of living and dominant cultural representations of the dwelling as home. These are an increase in multi-unit property ownership and long-term private renting. However these phenomena need not necessarily result in people feeling less attached to their dwellings if dominant social norms and constructs of the dwelling as home, and home ownership in particular, are challenged.

Title: Rethinking Housing Solutions: Adaptive Redesign Approaches for Ageing Apartment Buildings

Published: CONFERENCE: FUTURE HOUSING: GLOBAL CITIES AND REGIONAL PROBLEMS Architecture_MPS; Swinburne University of Technology Melbourne: 09—10 June, 2016

Author/Co-authors: Hazel Easthope, Sandra Loschke

Keywords: Architecture, Building improvements, Design, Development, Redevelopment / termination, Sustainability,

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Summary:

A raft of challenges face multi-unit residential housing design, at the forefront of which is a triad of interrelated needs – to make dwellings more economically, socially and environmentally sustainable. To date, this discussion has primarily focused on the provision of high quality new housing. However, the existing housing stock offers rich opportunities for creating more liveable, affordable, and environmentally-friendly solutions, which remain largely underexplored in Australia. In this paper we explore the opportunities of what we term “adaptive redesign” of existing multi-owned housing.

Title: Postproduced: How Adaptive Redesign and Participatory Approaches can Transform Ageing Housing

Published: In G. Cairns, G. Artopoulos and K. Day (eds) From Conflict to Inclusion in Housing: Interaction of communities, residents and activists, London: UCL Press, pp. 71-86.

This paper has been peer reviewed

Author/Co-authors: Hazel Easthope, Sandra Loschke

Keywords: Architecture, Building improvements, Design, Development, Redevelopment / termination, Sustainability,

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Summary:

Cities around the world are struggling to provide adequate housing for growing populations. Concurrently, the significant amount of housing stock built during the post-war housing boom (1950–80) is now ageing and in need of repair. To date, the discussion surrounding both issues – growth and redevelopment – has primarily focused on the provision of new housing, predominantly multiunit apartments for medium-to high-density living. However, much existing housing stock offers rich opportunities for creating more liveable, affordable and sustainable solutions.

Title: Collective responsibility in Strata Apartments

Published: In E. Altmann & M. Gabriel (eds) Multi-Owned Property in the Asia-Pacific Region: Rights, Restrictions and Responsibilities, UK: Palgrave Macmillan.

Author/Co-authors: Hazel Easthope, Bill Randolph

Keywords: Building management, By-laws/rules/CC&Rs, Disputes/conflict, Governance, Information available to owners and residents, Law, Qualitative research/interviews,

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Summary:

All multi-owned developments are, by definition, owned collectively by multiple individual owners. While for some shared ownership can be part of the attraction, for others it is a necessary evil. This chapter focuses on the experience of strata title in NSW, Australia. Based on consultation with strata owners, this chapter highlights the mismatch that can occur between the responsibilities of owners as members of an owners corporation (body corporate) as enshrined in legislation and people’s knowledge and acceptance of those responsibilities, and discusses why this mismatch occurs.

Title: Experiencing Density: The implications of strata titling for urban renewal in Australian cities

Published: In K. Ruming (ed) Urban Regeneration and Australian Cities: Policies, processes and projects of contemporary change, London: Ashgate.

Author/Co-authors: Hazel Easthope, Bill Randolph

Keywords: Construction, Defects, Design, Development, Disputes/conflict, Governance, Law, Planning, Policy, Redevelopment / termination, Repairs and maintenance,

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Summary:

In the 21st century Australian city, urban renewal has become synonymous with higher residential densities. This chapter discusses: the potential for conflict; problems of building design, build quality and defects and ongoing problems with major repairs and maintenance; strata ownership as a formidable barrier to further renewal in areas that otherwise would be prime sites for redevelopment. We draw on a series of interlinked and on-going research projects undertaken by the authors and colleagues over the last decade looking at aspects of the emerging strata title sector in Australia.

Title: Photovoltaics on Apartment Buildings

Funders: Energy Consumers Australia

Author/Co-authors: Mike Roberts, Anna Bruce, Iain MacGill, Jessie Copper, Navid Haghdadi

Keywords: Building improvements, Environment, Sustainability, Utilities / networks,

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Summary:

Although Australia has over 2 million solar households, the 10% of Australians who live in apartments are still missing out on cheap, clean energy. This final report from CEEM’s three-year research project includes an assessment of the scale and nature of the solar opportunity and analysis of the costs and benefits of different technical configurations and financial arrangements. It also identifies some of the challenges preventing apartment residents from installing solar PV and suggest some policy reforms that could help overcome the key regulatory barriers.

Title: Opportunities and barriers for photovoltaics on multi-unit residential buildings: reviewing the Australian experience

Published: Renewable and Sustainable Energy Reviews, Volume 104, 2019, Pages 95-110, doi: 10.1016/j.rser.2018.12.013

Funders: Energy Consumers Australia, CRC for Low Carbon Living

Author/Co-authors: Mike Roberts, Anna Bruce, Iain MacGill

Keywords: Building improvements, Environment, Sustainability, Utilities / networks,

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Summary:

This paper reviews opportunities for, and barriers to, increasing photovoltaic (PV) deployment on apartment buildings. We undertook a review of the academic literature and of specific Australian regulatory arrangements, as well as conducting interviews with relevant stakeholders. Barriers identified include the huge variety amongst apartment building stock, demographic factors and knowledge issues. However, the Australian regulatory context – including governance of apartment buildings, regulation of the energy market, and electricity tariff policies – also impacts on the options available.

Title: Impact of shared battery energy storage systems on photovoltaic self-consumption and electricity bills in apartment buildings

Published: Applied Energy 245, 78-95, DOI 10.1016/j.apenergy.2019.04.001

Funders: Energy Consumers Australia, CRC for Low Carbon Living

Author/Co-authors: Mike Roberts, Anna Bruce, Iain MacGill

Keywords: Building improvements, Environment, Sustainability, Utilities / networks,

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Summary:

Apartment buildings offer an opportunity to apply central battery storage and shared solar generation to aggregated apartment and common loads through an embedded network or microgrid. We present a study of energy and financial flows in five Australian apartment buildings with photovoltaics and battery storage using real apartment interval-metered load profiles and simulated solar generation profiles, modelled using an open source tool developed for the purpose.

Title: An Examination of Building Defects in Multi-owned Properties

Funders: PICA Group

Author/Co-authors: Nicole Johnston, Sacha Reid

Keywords: Construction, Defects, Development, Dispute resolution / courts / tribunals, Law, Qualitative research/interviews,

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Summary:

The research aims to identify the types of building defects impacting residential buildings, the effects that building defects have on buildings and residents, the impact of the regulatory environment and how defects are managed by the owners corporation. The study identified the prevalence of building defects based on construction systems. Defects were most prevalent in following systems (in order): building fabric and cladding, fire protection, roof and rainwater disposal, waterproofing and structural.

Title: How property title impacts urban consolidation: a lifecycle examination of multi-title developments

Published: Urban Policy and Research; v. 32; no. 3; pp. 289 – 304; 1476-7244 (ISSN)

This paper has been peer reviewed

Author/Co-authors: Hazel Easthope, Cathy Sherry, Nicole Johnston, Sacha Reid, Jan Warnken, Eddo Coiacetto, Diane Dredge, Chris Guilding, Dawne Lamminmaki

Keywords: Building management, Developer handover, Development, Redevelopment / termination,

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Summary:

This article employs a life cycle framework to examine the profound operational and governance challenges that are associated with the fusion of private lot ownership with common property ownership. The article calls for a more explicit recognition of these challenges by academics, policymakers, practitioners and the broader community.