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Article
Publication date: 10 July 2009

Cathy Sherry

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…

1209

Abstract

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 framework for the creation of communities in a single jurisdiction. More research is needed on the specific way that legal structures hinder or promote satisfactory community living in this and in other jurisdictions.

Originality/value

The paper will aid discussions between a range of academics and practitioners working on high rise and master planned communities. It will assist communication between lawyers and non‐lawyers, providing a clear description of the significance of legislation in the creation of communities. It will facilitate transnational discussion, as differences in legal systems and inconsistent terminology are a barrier to effective communication and common understanding.

Details

International Journal of Law in the Built Environment, vol. 1 no. 2
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 1 April 1991

Andrew Adams and Piers Venmore‐Rowland

Assesses the likely success of various proposed property investmentvehicles and property derivatives that are being introduced in themarketplace. Discusses single property…

Abstract

Assesses the likely success of various proposed property investment vehicles and property derivatives that are being introduced in the marketplace. Discusses single property investments, authorised property unit trusts and convertible and participating mortgages. Concludes that there are still many problems associated with these products and such problems will inhibit the growth and capacity of these new markets.

Details

Journal of Property Valuation and Investment, vol. 9 no. 4
Type: Research Article
ISSN: 0960-2712

Keywords

Article
Publication date: 1 February 2004

Lawrence Wai‐Chung Lai and Pearl Yik‐Long Chan

This paper uses a probit model to analyse 100 observations in terms of three hypotheses about the formation of owners’ corporations in high‐density private housing estates in Hong…

1433

Abstract

This paper uses a probit model to analyse 100 observations in terms of three hypotheses about the formation of owners’ corporations in high‐density private housing estates in Hong Kong within the context of Mancur Olson’s group theory. The findings do not reject the theory, revealing that it is more likely for an older urban estate with fewer owners to form owners’ corporations. The discussion includes a brief introduction to Olson’s group theory and the development of the probit analysis. Some speculative thoughts about public participation in local level urban management and planning are offered in the conclusion.

Details

Property Management, vol. 22 no. 1
Type: Research Article
ISSN: 0263-7472

Keywords

Content available
Article
Publication date: 8 March 2011

Malcolm Dowden

238

Abstract

Details

Journal of Property Investment & Finance, vol. 29 no. 2
Type: Research Article
ISSN: 1463-578X

Book part
Publication date: 10 May 2017

Randy K. Lippert, Stefan Treffers and Thomas Bud

This chapter seeks to classify condominium crime, explain its neglect in light of the growth of condo living in cities and closely consider the prospects for greater visibility…

Abstract

This chapter seeks to classify condominium crime, explain its neglect in light of the growth of condo living in cities and closely consider the prospects for greater visibility and legal regulation of these acts. We deploy traditional dichotomies of white-collar/street crime and insiders/outsiders to construct a two-dimensional typology of condo crime and illustrate each type using empirically grounded examples from extensive qualitative research in Ontario and New York State entailing analysis of media accounts, condo owner association and corporation websites, and numerous interviews with owners, board directors and industry actors. We argue that the condo form retains peculiar characteristics that tend to prevent public reporting of condo crimes and leaves the ‘usual suspects’ (i.e. street criminals) in the spotlight while other, potentially more damaging, acts are neglected. We conclude by discussing barriers to knowing the extent of condo crime and their relationship to legal regulation.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78714-344-9

Keywords

Article
Publication date: 10 July 2023

Hang Wu Tang

This paper aims to adopt a comparative method using case law, statutes and secondary literature across both jurisdictions. This paper also draws on various theories of property…

Abstract

Purpose

This paper aims to adopt a comparative method using case law, statutes and secondary literature across both jurisdictions. This paper also draws on various theories of property ownership.

Design/methodology/approach

This paper conceptualises the legal relations embedded within condominium housing and the various theories of property ownership to ascertain how children’s interest fit within this framework. The laws of two jurisdictions, New South Wales and Singapore, are examined to determine how their strata law responds when children’s safety is at stake.

Findings

Drawing on pluralist moral theories of property law, the thesis advanced is that children’s issues within condominiums should not be subject to majoritarian rule especially when their safety is at stake. The paramount guiding value should be ensuring their safety within multi-owned housing communities. Using the law of two jurisdictions, New South Wales and Singapore, the central argument of this paper is that the law in these jurisdictions has rightfully adopted a protective approach towards children in multi-owned properties where their safety is at stake.

Originality/value

The literature on the law of multi-owned housing has largely focused on governance issues such as mediating between the majority owners’ interest with that of the minority owners’ interest. Children in multi-owned developments remain an under investigated area as children’s interests do not fit within the paradigm of majority versus minority interests. The paper advances the argument that children’s interest should be viewed through either a rights-based theory or pluralists’ theories of property law. Lessons from the New South Wales and Singapore experience are also drawn which might prove useful to other jurisdictions.

Details

Journal of Property, Planning and Environmental Law, vol. 16 no. 1
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 13 July 2010

Martti Lujanen

The purpose of this paper is to compare different apartment ownership systems and analyze how to enhance the regular maintenance and repair of owner‐occupied apartment buildings…

1148

Abstract

Purpose

The purpose of this paper is to compare different apartment ownership systems and analyze how to enhance the regular maintenance and repair of owner‐occupied apartment buildings. The dwellings themselves are often in fairly good condition, but the common parts (e.g. walls, roofs, stairwells, and technical installations) are often poorly maintained.

Design/methodology/approach

Apartment ownership systems in ten European countries (Austria, England, Finland, France, Germany, The Netherlands, Norway, Spain, Sweden and Switzerland) are analyzed, along with Canada, China, Russia, and the USA, and some of the main findings from each country are presented. The material studied is primary legal sources together with the relevant literature.

Findings

It seems that there are severe obstacles in the legislation of many countries. Some of these obstacles are: the non‐existence of a proper decision‐making body (e.g. homeowners' association); the wide use of a qualified majority, or even the use of consensus, which makes it difficult to reach decisions; serious difficulties in getting loan financing for major repairs because of a lack of collateral and means to enforce the collection of payments; a lack of transparency and insufficient auditing procedures. Overall, it can be concluded that there are great variations between different countries. At the same time, many legal solutions are similar across certain groups of countries.

Social implications

Weaknesses in the legislation is one of the main reasons for the continuous deterioration of an important part of the housing stock in many countries. If this deterioration continues, the quality of life of millions of occupants will gradually worsen.

Originality/value

The paper provides a theoretical well‐based analysis, combined with concrete suggestions.

Details

International Journal of Law in the Built Environment, vol. 2 no. 2
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 22 November 2011

Timothy Eccles, Andrew Holt and Anastasia Zatolokina

The paper benchmarks compliance for 2010‐2011 with the RICS Code of Practice for Commercial Service Charges 2006.

1115

Abstract

Purpose

The paper benchmarks compliance for 2010‐2011 with the RICS Code of Practice for Commercial Service Charges 2006.

Design/methodology/approach

Whether the proxy adopted is measured by floorspace or number of commercial office buildings, the sample size conforms to Kreycie and Morgan's determination for representative sample size. Data are generated directly from the original documents provided to commercial leaseholders to ensure authenticity and remove the need for third party reporting of said data. This guarantees the data are valid.

Findings

The research discovers that compliance with the RICS Code of Practice for commercial service charges is poorly, if variably, implemented. This contrasts with claims by the professional body.

Research limitations/implications

The work only concerns 17 corporate tenants operating principally in the financial services sector and data are drawn from the clients of one property services company. Content analysis is utilised in order to interpret the data and requires some subjective judgement by the researchers. The work only refers to multi‐let office space in England and Wales.

Originality/value

Data are original and the paper offers a unique benchmarking test. This contrasts markedly with the anecdotal evidence offered by the profession in defending their standards of practice and whilst the paper has limitations, it is the largest and most accurate study yet carried out in the field.

Details

Journal of Corporate Real Estate, vol. 13 no. 4
Type: Research Article
ISSN: 1463-001X

Keywords

Article
Publication date: 4 April 2008

Jim Kempton

The purpose of this paper is to define mixed tenure estates as comprising any mix of social housing tenants with: private renting tenants (who therefore have private landlords);…

1014

Abstract

Purpose

The purpose of this paper is to define mixed tenure estates as comprising any mix of social housing tenants with: private renting tenants (who therefore have private landlords); shared owners (i.e. those who buy a part share in their home, the remaining share being typically retained by a social landlord); owner occupiers (bought outright, or those paying a mortgage on the whole value of the property).

Design/methodology/approach

A literature review and interviews with Registered Social Landlord (RSL) personnel are used to inform the discussion contained in this paper. The term “Asset Management” is used to describe the management of estates, including maintenance, repair and other physical investment. Does mixed tenure really have different asset management needs from mono tenure estates? The research methodology is based on a case study of a social housing provider, supported by semi‐structured interviews.

Findings

The main conclusion of this paper is that, along with a number of other issues, inter‐working at the case study RSL needs to be improved if mixed tenure estates are to succeed.

Originality/value

Little work has been undertaken in this specific area, and the research should be of interest to a wide audience including social housing developers, urban researchers and central and local government.

Details

Structural Survey, vol. 26 no. 1
Type: Research Article
ISSN: 0263-080X

Keywords

Article
Publication date: 4 October 2011

Philip Britton and Julian Bailey

The purpose of this paper is to contrast consumer laws in England and Australia in relation to residential building projects, and considers how the laws of England may be improved…

Abstract

Purpose

The purpose of this paper is to contrast consumer laws in England and Australia in relation to residential building projects, and considers how the laws of England may be improved in light of the Australian laws.

Design/methodology/approach

The paper reviews consumer laws in both England and Australia, and examines the measures that are in place (or not) to protect consumers who engage builders or purchase a home that contains latent defects.

Findings

After comparing the laws of the two countries, the conclusion is made that English law could be improved by imposing regulations on builders, including by mandating the use of written contracts for building work which are required to contain particular terms, requiring builders to be licensed and insured, and by introducing a consumer‐friendly form of dispute resolution for home building disputes.

Practical implications

The paper recommends that there be law reform in England.

Originality/value

The paper provides (so far as the authors are aware) the first comparison of English and Australian consumer laws in relation to residential building work.

Details

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

Keywords

21 – 30 of 47