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Article
Publication date: 27 September 2013

Thomas Nathanael Gibbons

This paper applies existing theoretical models on management agreements for multi‐unit housing to a particular legislative provision and its application in a decided case…

215

Abstract

Purpose

This paper applies existing theoretical models on management agreements for multi‐unit housing to a particular legislative provision and its application in a decided case. It then critiques that decision and makes recommendations for policymakers based on the application and scope of the provision. The paper aims to discuss these issues.

Design/methodology/approach

A socio‐legal approach is taken, based on a case study of a statutory provision discussed in a decided case.

Findings

This paper identifies new phenomena in relation to management agreements for multi‐unit housing and makes recommendations for policymakers based on the case study. These recommendations relate to the wording of similar statutory provisions and to developers' duties to future owners.

Research limitations/implications

The case study is limited to a single legislative provision and single decided case, though some references are made to overseas jurisdictions.

Practical implications

The findings will help guide policymakers in other jurisdictions.

Originality/value

Through extending existing models relating to body corporate management agreements and “developer abuse” to a case study relating to legislative reform, this paper shows the usefulness and limitations of a particular type of reform. This will assist those applying existing models to other jurisdictions and also provide guidance for policymakers.

Details

International Journal of Law in the Built Environment, vol. 5 no. 3
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 29 July 2014

Deborah Levy and Quan-Hui Sim

The purpose of paper is to investigate the dissatisfaction and what specifically prompts multi-owned housing owners to change their body corporate management provider…

Abstract

Purpose

The purpose of paper is to investigate the dissatisfaction and what specifically prompts multi-owned housing owners to change their body corporate management provider. Globally there has been a substantial growth reported in the number of residents living in multi-owned housing in recent years. There is increasing evidence that residents in these developments are experiencing dissatisfaction and frustration especially with the service received from their body corporate management company.

Design/methodology/approach

The paper includes a review of both the body corporate literature and customer switching literature which serves to inform the research. The investigation takes the form of a qualitative study comprising eight in-depth one-to-one interviews with residential body corporate owners who have recently switched to an alternative body corporate management provider.

Findings

The dissatisfaction experienced by body corporate owners leading them to change management companies bears a close similarity to the retail banking industry. The interviews record highly emotive responses from interviewees and the desire for an improved quality of service and better value for money from their service provider. These findings allow a deeper understanding of the outcome of studies that have been carried out previously in England and New Zealand.

Practical implications

The findings will assist directors of body corporate companies, property management and real-estate companies to understand the needs and wants of their clients and may also benefit property developers in their selection of a body corporate management company and legislators in providing a suitable legal framework.

Originality/value

This paper provides in-depth insights into switching behaviour within the context of body corporate management companies which has not before been published within academic journals.

Details

International Journal of Housing Markets and Analysis, vol. 7 no. 3
Type: Research Article
ISSN: 1753-8270

Keywords

Article
Publication date: 12 April 2013

Thomas Gibbons

The purpose of this paper is to test existing theoretical models relating to management agreements and “developer abuse” in relation to multi‐unit housing developments…

251

Abstract

Purpose

The purpose of this paper is to test existing theoretical models relating to management agreements and “developer abuse” in relation to multi‐unit housing developments through applying them to a new jurisdiction: New Zealand.

Design/methodology/approach

The paper uses a combination of case studies from reported legal cases, and a socio‐legal framework, to apply existing models to New Zealand.

Findings

The analysis shows that existing models are accurate, but can be improved and refined through a deeper examination of the issues arising from decided cases. New phenomena were identified that require more attention.

Research limitations/implications

This analysis is restricted to decided cases and empirical research may allow further findings. The research was also limited to New Zealand as a test of existing models.

Practical implications

The analysis in this paper shows that there are difficulties with recent law reforms, and more attention is needed to legislative solutions to the problems identified in existing literature and decided cases.

Social implications

This research may help educate the public about the issues arising from management agreements.

Originality/value

By applying existing models relating to body corporate management agreements and “developer abuse” to a new jurisdiction, this paper shows the usefulness of those models. The models remain to be tested in other jurisdictions, and this paper adds to existing frameworks for those scholars who do so. It will also have use for policy makers in this area.

Details

International Journal of Law in the Built Environment, vol. 5 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 1 April 1985

J.R. Carby‐Hall

It will be recalled that the last monograph treated the significance of the collective agreement in society. If solely a function in society, (though having a legal…

Abstract

It will be recalled that the last monograph treated the significance of the collective agreement in society. If solely a function in society, (though having a legal basis), were to be attributed to the collective agreement, this would mean that no rights or obligations whatsoever would be created between the parties to it. This is not so in practice. It is of course a fact that no legally enforceable rights and obligations normally accrue, and as already indicated, those are moral ones and are only enforceable in honour, i.e. a gentleman's agreement. Nevertheless, this does not necessarily mean that the collective agreement has no juridical significance. Even agreements which are binding in honour only, as for example the kind of agreement found in Balfour v. Balfour, have a known juridical nature. Furthermore, though the collective agreement is only binding in honour, its incorporation into the individual contract of employment makes its terms legally enforceable even though recourse to the courts is seldom had. As a source of rights and obligations of considerable importance the collective agreement must therefore have some juridical significance and cannot remain entirely in the realms of society.

Details

Managerial Law, vol. 27 no. 4
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 2 August 2013

Paul Burstow

This paper intends to explore how corporate bodies could be held criminally responsible for abuse and neglect that takes place in hospitals and care homes if by their…

Abstract

Purpose

This paper intends to explore how corporate bodies could be held criminally responsible for abuse and neglect that takes place in hospitals and care homes if by their actions they facilitate this abuse or neglect to take place. It explores current domestic and international law and seeks to find precedents and guidance that would allow the Government to create a new criminal sanction for “corporate neglect”.

Design/methodology/approach

The paper provides a review of existing legislation and regulation on corporate neglect in hospitals and care homes.

Findings

The paper proposes that the Health and Social Care Act 2008 be amended to include a new section which would make corporate neglect a criminal offence. Furthermore, to ensure that the punishments for these offences act both as appropriate sanction and a suitable deterrent for corporations, the author proposes that new offences should be implemented to include unlimited fines, remedial orders and publicity orders.

Originality/value

Following a number of recent scandals in care homes and hospitals, including Winterbourne View and Mid Staffordshire, it is clear that there is a legislative and regulatory gap in the ability to hold corporate bodies to account for neglect or abuse that occurs in their institutions. This must now be urgently addressed.

Details

The Journal of Adult Protection, vol. 15 no. 4
Type: Research Article
ISSN: 1466-8203

Keywords

Article
Publication date: 1 March 1957

YVONNE RUYSSEN, SUZANNE HONORÉ and ELIZABETH FUDAKOWSKA

Until recent years in French libraries works emanating from or sponsored by a corporate body were considered anonymous and catalogued as such. And yet, how many librarians…

Abstract

Until recent years in French libraries works emanating from or sponsored by a corporate body were considered anonymous and catalogued as such. And yet, how many librarians working in research libraries could have felt entirely satisfied with this method? Who has not heard readers' complaints and criticisms on the subject? How many of us have not attempted to remedy this by more or less empirical solutions? For works of this kind, indeed, the strict rule of entering anonymous works under the first word of the title often appeared absurd and liable to prevent the reader from finding them. How could a research worker find in the alphabetical author and title catalogue of a university library a given collective publication issued by a research laboratory well known to specialists, if the title‐page of the publication happened to begin with neither the name of the laboratory, nor with the title of the treatise or report in question?

Details

Journal of Documentation, vol. 13 no. 3
Type: Research Article
ISSN: 0022-0418

Article
Publication date: 1 February 2016

Irina Lock and Peter Seele

This paper aims to study the state of the art of corporate social responsibility (CSR) governance and operational structure within the most sustainable companies to arrive…

2620

Abstract

Purpose

This paper aims to study the state of the art of corporate social responsibility (CSR) governance and operational structure within the most sustainable companies to arrive at a typology of CSR organization. Whether companies consider corporate social responsibility (CSR) a strategic management task is mirrored in the department and governance structure of CSR.

Design/methodology/approach

By conducting a web content analysis, the authors apply a “best practice” approach to examine the vertical and horizontal organization of CSR within the “most sustainable companies worldwide” (Robeco SAM, 2013).

Findings

The results show that most corporations have in place governance structures for CSR that organize it horizontally in stand-alone departments. Three types of CSR organization best practice emerged: the single-headed, two-headed and infused types.

Practical implications

The paper indicates three different ways that companies can organize CSR internally. The authors discuss the feasibility of such organization for large and small companies and their day-to-day business.

Originality/value

The paper addresses the under-researched area of vertical and horizontal CSR organization at the micro level. The authors analyze the state of the art of organizational and governance structures of CSR in the most sustainable companies and deduce three types of CSR governance and operational architecture.

Details

Corporate Governance: The International Journal of Business in Society, vol. 16 no. 1
Type: Research Article
ISSN: 1472-0701

Keywords

Article
Publication date: 1 April 1993

Jo Carby‐Hall

Whatever debates may have taken place in the past in the courts and elsewhere on the status of trade unions, current legislation provides that a “… trade union … is not a…

Abstract

Whatever debates may have taken place in the past in the courts and elsewhere on the status of trade unions, current legislation provides that a “… trade union … is not a body corporate …” and “…shall not be treated as if it were a body corporate…” For practical reasons however, a trade union is, inter alia, “… capable of making contracts …” which includes the entering into a collective agreement.

Details

Managerial Law, vol. 35 no. 4/5/6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 4 April 2017

Ridhima Saggar and Balwinder Singh

This study aims to measure the extent of voluntary risk disclosure and examine the relationship between corporate governance firm level quality in the form of board…

3505

Abstract

Purpose

This study aims to measure the extent of voluntary risk disclosure and examine the relationship between corporate governance firm level quality in the form of board characteristics and ownership concentration’s impact on risk disclosure in the annual reports of Indian listed companies.

Design/methodology/approach

The method adopted in this study is automated content analysis, which is applied to a sample of 100 listed Indian non-financial companies to find out the extent of risk disclosure. Further, multiple linear regressions have been applied to find out the relationship between corporate governance firm level quality in the form of board characteristics, ownership concentration and risk disclosure.

Findings

The findings reveal that the total number of positive risk keywords surpasses negative risk keywords disclosure. The corporate governance mainsprings, namely, board size and gender diversity have a positively significant effect on risk disclosure, whereas ownership concentration in the hands of the largest shareholder insignificantly affects risk disclosure, but identity of the largest shareholder having ownership concentration negatively affects disclosure of risk information in the case of Indian promoter body corporate, foreign promoter body corporate and non-institutions in comparison to family ownership.

Research limitations/implications

This study relied on a set of 39 risk keywords for measuring the extent of risk disclosure. Further, it uses a sample of 100 companies to examine the effect of corporate governance on risk disclosure at one point of time. However, a longitudinal study can help in understanding risk disclosure adopted by Indian listed companies in a better manner.

Practical implications

The findings have implications for regulatory bodies such as the Securities and Exchange Board of India, which needs to strengthen corporate governance norms with respect to board characteristics and keep a check on ownership concentration for improving risk disclosure by companies.

Originality/value

To best of the authors’ knowledge, this study is a preliminary attempt linking two research lines in India, that is, corporate risk disclosure and corporate governance quality in the form of board characteristics and ownership concentration. The study identifies corporate governance firm level qualities which lead to divulgation of risk information by the companies pointing towards strengthening of regulatory regime in the country for improved corporate governance regulations adopted by listed companies.

Details

Managerial Auditing Journal, vol. 32 no. 4/5
Type: Research Article
ISSN: 0268-6902

Keywords

Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

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