Cathy S. Sherry

How Property Title Impacts Urban Consolidation: A Life Cycle Examination of Multi-title Developments

Continuing urbanisation is triggering an increase in multi-titled housing internationally. This trend has given rise to a substantial research interest in the social consequences of higher density living. Fewer enquiries have been directed to examining how property title subdivisions generate social issues in multi-titled housing. This is a significant gap in the literature, as the tensions inherent in multi-title developments have significant implications for individuals, developments and entire metropolitan areas. 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.

The New South Wales Strata and Community Titles Acts: A Case Study of Legislatively Created High Rise and Master Planned Communities

Purpose – The purpose of this paper is to present a case study of the legislative creation of high rise and master planned communities to provide a common basis for future discussions, research and international comparison in the field.Design/methodology/approach – The case study addresses relevant legislation in the Australian state of New South Wales. This has been a model for that in other jurisdictions, including Singapore, the UK and the Dubai International Financial Centre. The legal terms and their significance are discussed in a way that is comprehensible to both lawyers and non‐lawyers.Findings – The legislation is shown to have achieved a range of outcomes that are not possible in ordinary Anglo‐Australian property law. For example, it has created governing “bodies corporate” which regulate communities with private by‐laws and facilitates the continued enforcement of detailed architectural guidelines imposing a master plan.Research limitations/implications – The research describes the legal fram...

Conflict Between Private and Public Restrictions

This chapter examines the potential conflict between privately created and public restrictions in relation to multi-owned property. All states in Australia grant bodies corporate broad powers to create by-laws that regulate the use of common and individually owned lot property. By-laws can be created with exclusive reference to the values of a particular strata or community scheme and without reference to the values of the wider community. Further, by-laws that regulate activities that do not cause any meaningful harm to others are at odds with one of the fundamental principles of liberal society, ‘negative liberty’. The potential for conflict between privately created by-laws and public legislation, as well as the values of civil society, is yet to be fully recognised, let alone addressed by the legislature and judiciary.