Researcher

Nicole Johnston

Email: nicole.strataknowledge@gmail.com

Institution/Organisation: Strata Knowledge
Position: Director
Biographical Information: Dr Nicole Johnston is the Founder and Director of Strata Knowledge, an independent research and consulting firm specialising in strata and community title law and governance. As a socio-legal researcher, Nicole is focused on translating applied research into practice by collaborating with industry to ensure impactful and beneficial outcomes. Nicole started her professional life as a commercial lawyer in mid and top tier law firms. For the past 15 years, she has worked as an academic at Australian Universities. Nicole has led a number of research projects on topics including, building defects, strata insurance, strata law reform, fire safety, conflicts of interest, and developer governance responsibilities. She is a regular presenter at industry conferences, consults with governments, and has chaired numerous international forums. Nicole holds degrees in psychology, criminology, law and has a PhD in strata and community title law and governance. She is an experienced body corporate committee member having chaired a large scheme for 13 years.

 

Authored/ Co-authored Research

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: 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: 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: 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: 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: A data-driven holistic understanding of strata insurance in Australia and New Zealand

Published: Johnston, N., Lee, A., Mishra, S., Powell, K., Bowler- Smith, M and Zutshi, A. (2021) A data-driven holistic understanding of strata insurance in Australia and New Zealand. Deakin University

Author/Co-authors: Nicole Johnston

Keywords: Building management, Financial management, Insurance, Law,

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Summary:

This report examines the complexities of strata insurance and the role of strata managers in this process. It highlights increased costs of strata insurance over the period 2016-2020 and the significant imposition of state and federal taxes. The legal complexities of strata and obligations imposed on owners corporations and bodies corporate to insure are outlined. The report recommends changes including a more transparent disclosure regime so that consumers are more informed about insurance processes and the fees imposed by management companies and others in the strata insurance supply chain.

Title: Investigating passive fire protection defects in residential buildings

Funders: Victorian Building Authority; Plus Systems

Author/Co-authors: Nicole Johnston, Michael Teys

Keywords: Construction, Defects, Information available to owners and residents, Repairs and maintenance,

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Summary:

In modern buildings, a combination of passive and active fire protection systems are used in an effort to safeguard residents from death or injury by facilitating safe evacuation, enabling emergency services to safely undertake activities, and limiting the spread of fire to other properties. To avoid a catastrophic outcome, all fire protection systems must complement each other, working together in a holistic way.
The aim of this research was to better understand commonly identified passive fire protection defects and the regulatory environment associated with this construction system.

Title: Investigating Building Product Selection and Information Transparency

Funders: Alspec

Author/Co-authors: Nicole Johnston, Michael Teys

Keywords: Building improvements, Construction, Qualitative research/interviews,

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Summary:

Building product performance is an under-researched area. There are numerous aspects of building products non-conformance and non-compliance that require investigation in order to understand the true extent and intricacies of the problem. For this project, we focus on
product selection accountability. This is because irrespective of the extent of the problem, there needs to be confidence that those designing and constructing our built environment are undertaking due diligence to ensure the building products chosen and installed are
compliant and conformant.

Title: Impacts of building defects on the health and wellbeing of apartment residents: a scoping review

Published: Building Research and Information

Funders: Strata Community Insurance

Author/Co-authors: Nicole Johnston, Fiona Andrews, Richard Tucker, Anahita Sal Moslehian

Keywords: Building improvements, Construction, Defects, Qualitative research/interviews,

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Summary:

While recent high-profile incidents have highlighted the impacts of building defects, there remains a dearth of comprehensive research that examines the full spectrum of health risks encountered by residents living in apartments affected by these defects. In this paper, an interdisciplinary perspective provides a comprehensive and structured synthesis of the literature on the varied impacts of lifecycle construction quality characteristics and defects on the health and wellbeing of apartment residents, including classification of methodological approaches.

Title: Mandatory Inspection Regulations for Ageing Buildings: An Analysis of International Trends

Funders: Australian College of Strata Lawyers (ACSL)

Author/Co-authors: Nicole Johnston

Keywords: Building management, Construction, Defects, Repairs and maintenance,

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Summary:

As Australian strata properties grapple with both systemic building defects and concerns around the lack of building repair and maintenance, it is timely to investigate, evaluate and discuss whether similar reforms should be introduced in Australia. This research project is an international cross-jurisdictional analysis of the current regulations that require strata-type buildings to be inspected during the lifecycle (post any initial defect inspection).