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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.

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.

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.

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.

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.

The purpose of this paper is to examine the nature and extent of psychosocial need fulfillment experienced by resident strata title owners and to shed light on factors that detract from residents’ lived experience in the strata title context.

An interview schedule that draws on theories of psychosocial need fulfillment was developed. In total, 16 home owners and three strata title managers were interviewed. Interviewees were sourced from three master planned communities located in South East Queensland, Australia.

The majority of owners reported high levels of need fulfillment and neighbourhood satisfaction. Primary sources of dissatisfaction appeared to be related to body corporate committee governance issues.

The study's findings are subject to the widely acknowledged limitations of small sample based interview research and the study's qualitative orientation signifies that it suffers from the compromised generalisability and potential of selective and subjective reporting of observations.

The findings suggest a need for greater societal appreciation of factors associated with living in a strata titled community. Recommendations are provided for facilitating the transition to strata title living and reducing sources of resident dissatisfaction.

The paper uniquely explores residential satisfaction from a psychosocial needs perspective. There is a paucity of related research reported in the literature.

Provides some background to new proposals in the UK to introduce legislation which would give existing long leaseholders in interdependent properties the collective right to purchase the freehold interest. Sets out to examine the management structure of commonhold properties, with particular emphasis on the dynamics of collective management, in three countries where it is well established: Australia, France and the USA.

The paper aims to improve consumer awareness of the complexities of community living. It does this by clarifying how living in a managed community is different from a “traditional” neighbourhood; and identifying matters that can become disputes.

The paper builds on research by other authors into strata scheme disputes by examining recent Queensland cases.

Many disputes appear to result from a lack of understanding of the complexities of community living. Matters that should be able to be easily resolved are therefore escalated to formal disputes.

The paper considers law and cases from Queensland. The types of matters considered, however, are relevant for any managed community and therefore the research is relevant for all jurisdictions. The research will be of particular interest to jurisdictions looking to boost living density by increasing the development of managed communities.

The research will assist in consumer transactions by providing guidance as to the matters to be considering prior to moving into a managed community. More informed decision making by prospective residents will lead to a decreased likelihood of disputes arising.

The paper is an up‐to‐date consideration of the issues arising from community living. It highlights the benefits arising from increased consumer awareness of the complexities of community living and the potential for consumer education to reduce the number of disputes.

This study aims to investigate Australian civil tribunal decisions to ascertain compliance with decisional quality standards in Australian law, with a particular focus on strata and community title cases.

An orthodox doctrinal legal analysis and assessment of cases and tribunal policies was adopted. All Australian jurisdictions were surveyed, including federal, state and territory jurisdictions. The case law in each jurisdiction was screened to identify whether the principles applicable to decisional quality were engaged and then analysed as to the extent of that engagement.

Where a party presents a substantial, clearly particularised argument relying upon established facts, tribunals are obliged to address those facts and the arguments by way of an active intellectual process. However, appellate decisions disclose a degree of deference not often accorded to judicial officers, and there is a need for a more disciplined approach to ascertain whether any errors have been made by a tribunal lie on the critical path to the decision. As strata and community title disputes become more complex, the importance of decisional quality standards can only increase.

Up to date as of 1 March 2023.

The present position would appear to be that where a party presents a substantial, clearly particularised argument relying upon established facts, a tribunal must address its mind to those facts and the arguments by way of an active intellectual process. The requirement is limited to circumstances prescribed by a statute and factual and legal issues which are necessary to be determined in order for the tribunal to be satisfied as to circumstances prescribed by a statute. However, where the errors are not gross and plainly obvious, appeals from defective tribunal decisions are unlikely to succeed. There is a degree of deference not often accorded to judicial officers. That deference is unfortunate when tribunals are allocated jurisdiction over what quite often are significant property disputes.

The impact on community living of uncorrected poor quality tribunal decisions can be immense, depending on the degree of error. For example, water ingress into people’s homes might remain unremedied for many years, as, for example, occurred in the Marinko case.

The research and analysis is entirely original. A search of journals and textbooks did not identify any prior analysis, at least in the Australian context, relating to decisional quality standards of tribunals.

The purpose of this paper is to examine the causes, the nature and the extent of unneighbourly relations between neighbours living in small multi-owned residential buildings (MOBs, sometimes called strata) in Australian cities, and the effect of these relations on the health and wellbeing of residents. The impact of neighbour relations and conflicts on residents' health and wellbeing has not been explored before in the context of small MOBs in Australia (under 12 units).

The research involved an analysis of secondary data on common problems experienced in MOBs between neighbours, in-depth face-to-face interviews with twenty-six residents and interviews with five managers of management agencies in metropolitan Melbourne (Victoria) and Adelaide (South Australia), Australia.

When strata processes and management worked well residents were positive about living in such an arrangement. However, when the strata group was less harmonious residents reported that it impacted negatively on their health and wellbeing.

The study's findings are subject to the widely acknowledged limitations of small sample-based interview research. Findings indicate that there is a need to explore the benefits and disadvantages of living in small multi-owned residential buildings in Australia on a larger scale.

There are three policy implications from the findings: a need for better education of prospective buyers regarding the nature of strata living; tighter regulation of rules for small multi-owned apartment buildings is required, (in a similar way to how the regulations operate in large apartment buildings); and a need to include private rental tenants living in strata in the everyday life around the management of the building.

The impact of neighbourly relations and conflicts on the health and wellbeing of residents living in MOBs, particularly small ones, has not been studied adequately, as current research focuses on large apartment buildings. This research addresses a gap in the literature in the study of small living arrangements (town houses, apartment buildings, terraces), with 12 or less apartments, with a focus on residents' health and wellbeing.

The purpose of this paper is to highlight the international significance of multi-owned developments (MODs), 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 in knowledge pertinent to MODs and outlines avenues for future research that argues for the need to develop a more holistic and multi-disciplinary research approach.

The research is based on reviewing published papers as identified using specific search terms.

The paper makes an important and innovative contribution to the body of knowledge by developing a MOD life cycle model and identifying the range and scope of peer-reviewed empirical research literature published on MODs. Understanding the MOD life cycle phases and the gaps in the literature can enable academics from a multitude of disciplines to enhance this field of inquiry in order to better understand this emergent property type.

The purpose of this paper is to add to the academic discourse by developing a methodology by which a block of land’s goodwill, or lack of goodwill, can be factored into its valuation.

The research was undertaken utilising a mixed-methods approach, which involved doctrinal research, together with qualitative and quantitative analysis of the impact of neighbourhood disputes on real property value. The disputes engaged with for exemplar purposes were those of tree disputes resolved by QCAT order.

A dispute can adversely affect a property’s goodwill, which can impact both its saleability and value.

Due to the sensitive nature of the valuation process and the potential negative impact that any identification of a property may have on its value, it was not appropriate to identify any properties specifically or the area in which these are located. Further, as regards the available details of disputes, the authors were only able to engage with disputes for which an order existed.

The methodology developed can be applied to other real property interests, for example, lots in freehold retirement village complexes or those within other strata title schemes of either residential or commercial use.

As the number of neighbourhood disputes throughout Australia grows, addressing the impact that a dispute has for property value is a concern relevant to all valuers and owners.

The authors add to the academic discourse by developing a methodology by which a property’s goodwill, or lack of goodwill, can be factored into its valuation.

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

The purpose of this paper is to discover the operational character of gated communities in Malaysia.

This paper is based on a small case study conducted in Iskandar Malaysia, an economic development region located in the southern part of Peninsular Malaysia. In the case study, 12 housing developers were interviewed, involving 32 gated communities altogether. The investigation covered the identification of the governing document used in operating a gated community, the operational purposes and scopes, the arrangement for collection of maintenance fee, and the internal governance within the gated communities.

From the analysis, it was found that two types of gated communities exist in the case study areas, namely the strata gated community scheme, and the gated community scheme (GACOS). The operational mechanism for the former is through a set of rules enforced by the government. Meanwhile, the latter is based on the arrangement set up either by the developer, where legal agreement is applicable, or through the consensus among homeowners. However, despite these differences, both mechanisms share the same intention, that is to operate the gated community based on cooperative-collective sharing arrangement.

Despite the vulnerability of GACOS enclosure components, the case study revealed that the number of GACOS is still bigger than the strata gated community scheme. Since this perspective is lacking in this paper, it is suggested that more studies are conducted to explain the reasons behind the indicated phenomenon.

The most important contribution of the paper is to highlight the importance of gating experience that is heavily influenced by the local policy setting to determine the survival of a gated community; thus, demonstrating how different they are from each other.