Advertisement

Collective Responsibility in Strata Apartments

  • Hazel Easthope
  • Bill Randolph
Chapter

Abstract

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 ownership in New South Wales, 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. The chapter concludes with a discussion of why such a mismatch occurs between collective responsibilities as outlined in the legislation, and practice and preferences ‘on the ground’ in strata developments.

References

  1. Altmann, E. 2014. How Does High Density Living Impact Third Sector Organisations? An Exploration of Financial and Voluntary Workforce Implications for Non-profit Organisations. Australian and New Zealand Third Sector Review 20 (1): 185–205. ISSN 1323-9163.Google Scholar
  2. Bennett, D. 2011. Condominium Homeownership in the United States: A Selected Annotated Bibliography of Legal Sources. Law Library Journal 103 (2): 249–279.Google Scholar
  3. Chen, S.C., and C.J. Webster. 2005. Homeowners Associations, Collective Action and the Costs of Private Governance. Housing Studies 20 (2): 205–220.CrossRefGoogle Scholar
  4. Christudason, A. 2008. Legislation Affecting Common Property Management in Singapore. Property Management 26 (3): 207–219.CrossRefGoogle Scholar
  5. Clark, L. 2002. Finding A Common Interest: The Story of Dick Dusseldorp and Lend Lease. Cambridge: Cambridge University Press.Google Scholar
  6. Easthope, H. 2009. The Fourth Tier of Governance: Managing the Future of Our Cities. Presented at the 4th State of Australian Cities Conference, Perth, November.Google Scholar
  7. Easthope, H., B. Randolph, and S. Judd. 2012. Governing the Compact City: The Effectiveness of Strata Management. Sydney: CFRC.Google Scholar
  8. Easthope, H., S. Hudson, and B. Randolph. 2013. Urban Renewal and Strata Scheme Termination: Balancing Communal Management and Individual Property Rights. Environment and Planning A 45: 1421–1435.CrossRefGoogle Scholar
  9. Easthope, H., J. Warnken, C. Sherry, E. Coiacetto, D. Dredge, C. Guilding, N. Johnston, D. Lamminmaki, and S. Reid. 2014. How Property Title Impacts Urban Consolidation: A Lifecycle Examination of Multi-title Developments. Urban Policy and Research 32 (3): 289–304.CrossRefGoogle Scholar
  10. Lasner, M. 2012. High Life: Condo Living in the Suburban Century. New Haven: Yale University Press.Google Scholar
  11. Leshinsky, R., and C. Mouat. 2015. Towards Better Recognising ‘Community’ in Multi-Owned Property Law and Living. International Journal of Housing Markets and Analysis 8 (4): 484–501.CrossRefGoogle Scholar
  12. Lujanen, M. 2010. Legal Challenges in Ensuring Regular Maintenance and Repairs of Owner-Occupied Apartment Blocks. International Journal of Law in the Built Environment 2 (2): 178–197.CrossRefGoogle Scholar
  13. McKenzie, E. 2003. Common-Interest Housing in the Communities of Tomorrow. Housing Policy Debate 14 (1-2): 203–234.CrossRefGoogle Scholar
  14. NSW Department of Planning (DOP). 2007. Improving the NSW Planning System: Discussion Paper. Sydney: NSW Department of Planning.Google Scholar
  15. Randolph, B., and H. Easthope. 2014. The Rise of Micro-Government: Strata Title, Reluctant Democrats and the New Urban Vertical Polity. In The Public City: Essays in Honour of Paul Mees, ed. B. Gleeson and B. Beza. Melbourne: Melbourne University Press.Google Scholar
  16. Sherry, C. 2008. The Legal Fundamentals of High Rise Buildings and Master Planned Estates: Ownership, Governance and Living in Multi-Owned Housing with a Case Study on Children’s Play.Australian Property Law Journal 16 (1): 1–23.Google Scholar
  17. ———. 2013.Privacy and Personal Autonomy: The Social and Political Implications of By-Laws. Presented at the Griffith University Strata and Community Title for the 21st Century Conference, Gold Coast, September.Google Scholar
  18. Van der Merwe, C. 1992. Is Sectional Ownership True Ownership? Stellenbosch Law Review 3: 131–136.Google Scholar
  19. ———. 1999. The South African Sectional Titles Act compared with the Singapore Land Titles (Strata) Act. Singapore Journal of International & Comparative Law 3: 134–185.Google Scholar
  20. ———. 2015. European Condominium Law. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
  21. Wang, F., H. Yin, and Z. Zhou. 2012. The Adoption of Bottom-up Governance in China’s Homeowner Associations. Management and Organization Review 8 (3): 559–583.CrossRefGoogle Scholar
  22. Wulff, M., E. Healy, and M. Reynolds. 2004. Why Don’t Small Households Live in Small Dwellings? People and Place 12 (1): 56–71.Google Scholar

Copyright information

© The Author(s) 2018

Authors and Affiliations

  • Hazel Easthope
    • 1
  • Bill Randolph
    • 1
  1. 1.City Futures Research CentreUniversity of New South WalesKensingtonAustralia

Personalised recommendations