Search results

The purpose of this paper is to provide a nuanced understanding of the complex factors driving the decision of commercial property owners (investors and developers) to stay and rebuild after a major disaster. The study examines what happens in the post-disaster rebuild of a central business district (CBD) from the perspective of commercial property owners in Christchurch, New Zealand.

An interpretive approach is adopted to understand what it takes to rebuild in a post-disaster environment through the lens and experiences of property owners. The study has observed the significant physical changes that have occurred in the Christchurch CBD as a result of the earthquakes. For this study, qualitative data were obtained through semi-structured interviews from 20 purposively identified property owners rebuilding the Christchurch CBD. The interview findings were subjected to a thematic analysis used to provide a factual way of characterising the viewpoints of those interviewed.

The findings have highlighted that the decision-making behaviour of property owners in Christchurch’s CBD post-disaster rebuild has been driven significantly by an emotional attachments to people and place.

The global trend in increasing destruction from natural disasters has raised the need for more efficient and effective post-disaster responses and activities. The paper has developed a knowledge base required to inform public policy and advice all those involved in the rebuilding of cities after a major disaster.

This paper contributes to the property literature and debates about the decision-making behaviour of commercial property owners who are engaged in rebuilding after a major natural disaster. The qualitative methodology used presents a novel approach to property research. The findings challenge the underlying premises of much of the mainstream property literature on normative investment behaviour and decision making.

The purpose of this paper is to examine the impact of the land acquisition phase and site assembly of land for large scale infrastructure road projects and its impact on property owners. A review of one of the largest roadwork projects currently underway in Sydney Australia demonstrates the adverse impact that has resulted in property owners challenging the approach used by government to acquire land for this project. Similar case studies are used to set out the key measures that should apply internationally in mitigating challenges from property owners in the land acquisition phase. It further shows that while adequate statutory provisions are important, it is the practices of acquiring authorities that ultimately determine the success and expedition of this initial important phase of these projects.

In measuring the factors that impact the acquisition of land by negotiation in contrast to acquisition by compulsory taking, a case study methodology is used. In this approach, the author reviews two completed projects and the factors that contributed to their success. These are contrasted with the primary case study currently underway in Sydney, the WestConnex project in which a number of adverse factors have emerged that have impacted this project. The review of these cases examined provides options for reforms that should be adopted both in the WestConnex case and across projects internationally.

It is demonstrated that the impact of the land acquisition phase on property owners with limited ability to rehouse within the same or surrounding locations, results in increases to challenges. This factor has prompted increases in the number of cases that have proceeded to court and potentially impacts the public perception and site assembly phase of large scale road projects. The inability for impacted property owners to relocate themselves has resulted in a breakdown in the ability for acquiring authorities to achieve acquisition by agreement. This is evidenced by significant increases in the number of properties that have been acquired by compulsion since 2016. It is found that the operational provisions of the land acquisition processes were obsolete in NSW, particularly those leading up to acquisition that was originally designed to assist owners. The paper finds that the most important phase of a megaproject is the planning and consultation phase, which includes most importantly the way in which impacted owners are informed, assisted and compensated. It is concluded that the processes engaged in by acquiring authorities rather than the statutory provisions available, will determine the success of the land acquisition phase and perceptions of the project.

The primary contribution of this paper is defining the changing landscape that has led to the adverse impact on property owners in the site assembly process for large scale projects. It identifies the reforms that will enhance opportunity for owners to relocate and rehouse which will expedite the acquisition phase of megaprojects and restore acquisition by agreement rather than by compulsion. This in turn will contribute to improve public perception of large scale projects in urbanised locations.

To examine how the allocation of property rights in multiple‐ownership buildings in Hong Kong creates an environment in which the optimization of asset value may be difficult to achieve and in this situation how owners chose to overcome the associated problems of collective action decision making to resolve issues of building management.

An institutional approach, drawn from the literature on common property and collective action, is used to examine the management of multiple‐ownership property. The paper uses a hedonic pricing model to empirically test whether, in such circumstances, management is reflected in property price and which mode of governance owners prefer as a mechanism for resolving problems of collective action.

The institutional arrangements for co‐ownership and use of multiple‐ownership property assets in Hong Kong have resulted in an “anticommons” environment, in which individual owners are in a position to veto action in relation to the property. In the absence of mandatory management the study indicates property prices are increased in those cases where owners have chosen to resolve the difficulties of collective decision making by forming incorporate owners' groups and employing professional management services.

The outcome of the empirical work is the result of an initial study carried out in one district in Hong Kong and may not be generalised. In the future, the approach will be extended to other areas.

In the absence of a regulatory environment which ensures the management of multiple‐ownership property assets, owners may be better advised to formalise arrangements through the formation of incorporate owners' groups and appointment of professional property management agents.

The paper assesses the implications of an anticommons environment for the management of multiple‐ownership property in Hong Kong. Examines arrangements for collective decision making and demonstrates influence of management on property price.

The purpose of this paper is to advance a set of criteria for appraising the merits of alternative options to financing common property capital expenditure in multi‐owned housing (MOH) complexes and to then draw on this conceptual framework to determine which mode of common property capital expenditure funding is preferable.

A priori reasoning has been provided to pursue the study's objective.

Sinking funds represent the preferred approach to financing common property expenditure in MOH schemes and special levies are the least preferred approach.

Due to the a priori based conceptual development undertaken, some subjectivity is bound to be invoked.

The study provides key insights to government policy makers charged with drafting MOH legislation and provides strong support for those jurisdictions that require sinking funds to be raised in MOH complexes. The study also informs the owners executive committees of MOH schemes of the benefits of maintaining sinking funds.

The study highlights the considerable MOH unit owner financial distress that can be averted by pursuing a policy of raising sinking funds.

The study has immense originality, as it is the first academic study to focus on MOH common property capital expenditure issues.

The purpose of this paper is to examine why building owners are often reluctant to adopt adequate mitigation measures despite the vulnerability of their buildings to earthquake disasters, by exploring the economic-related barriers to earthquake mitigation decisions.

A case study research method was adopted and interviews chosen as the method of data collection.

Critical economic-related impediments that inhibited seismic retrofitting of earthquake-prone buildings were revealed in this study. Economic-related barriers identified include perception about financial involvement in retrofitting, property market conditions, high insurance premiums and deductibles, and the high cost of retrofitting. The availability of financial incentives such as low interest loans, tax deductibles, the implementation of a risk-based insurance premium scale and promoting increased knowledge and awareness of seismic risks and mitigation measures in the property market place are likely to address the economic-related challenges faced by property owners when undertaking seismic retrofitting projects. The provision of financial incentives specifically for seismic retrofitting should be introduced in policy-implementation programme tailored to local governments’ level of risks exposure and available resources.

The recommendations provided in this study suggest strategies and answers to questions aimed at understanding the types of incentives that city councils and environmental hazard managers should focus on in their attempt to ensure that property owners actively participate in earthquake risk mitigation.

This paper adopts a holistic perspective for investigating earthquake risk mitigation by examining the opinions of the different stakeholders involved in seismic retrofit decisions.

In the light of the property relativist theory, the purpose of this paper is to review the impact of radical amendments to strata legislation in Singapore in 1999 which, together with changes to the planning framework, stimulated private‐sector led redevelopment in Singapore. This was achieved through the introduction of majority rule (rather than unanimity) in collective sales (CS) of strata developments. The paper also addresses the issue of how a balance can be achieved between the property rights of majority and minority strata owners.

The paper uses case‐studies, planning provisions, and data on property transactions to analyse the effectiveness of the measures taken to address Singapore's land‐scarcity problem. Legal terms and their significance are addressed in a manner that will also be comprehensible to a non‐legally trained readership.

The cases demonstrate attempts by the authorities to clarify, and to provide a better balance to, the position of those whose property rights had been sacrificed at the altar of redevelopment and urban rejuvenation in Singapore. Nevertheless, there still remain numerous pockets of resistance to CS. These still need to be addressed to reassure the minority in the context of the property relativist theory.

The continued groundswell of protests against collective sale means that there are further issues that need to be addressed to mitigate the plight of the minority. The response of parliament has been reactive, but it remains to be seen whether the minority's concerns have been adequately addressed.

The analysis of the cases, whose decisions turned on the authorities' interpretation of the controversial legislation, is instructive. These can provide valuable pointers for policy makers in other jurisdictions contemplating urban rejuvenation. The twin issues that are dealt with relate to how private‐sector redevelopment can be incentivised through planning measures, without riding roughshod over individuals' private property rights.

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.

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.

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.

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.

Owners of multi‐tenant office buildings pursue various strategies for providing bundles of services to building users. In order to study what determines patterns of bundling, 12 Swedish owners were interviewed in 2002. Strategies were found to depend on the size of their property holdings, where those who held less than 100,000m² differed from large property owners. There is also a difference between owners that have a tradition of providing construction and property‐related services and owners with their main activities in the financial sector. These patterns can be explained by considering transaction costs arising from services coordination and by referring to the dynamics of learning and competence in owner organizations. It is suggested that service‐offering owners should increase their competence for monitoring service delivery. Some property owners may benefit more from developing the competence needed for a sole provider coordinated strategy.

The increasing number of strata property in Malaysia promotes the different usages of development under the integrated development, which comprise the different usages of owner groups. These owner groups may not enjoy all the common properties in the integrated development. Therefore, the purpose of this research is to identify the important to designate the limited common property for the owners who have the exclusive benefit on it. However, the establishment of the subsidiary management corporation and limited common property is less popular in Malaysia.

Hence, research should be carried out to identify the importance of the establishment of the subsidiary management corporation and enhancement for the establishment of subsidiary management corporation to increase the willingness of the owner to establish the subsidiary management corporation. Collective Action Theory likewise assists to increase the willingness of the owner in the establishment of the subsidiary management corporation. A sum of 100 owners in the integrated development and 187 stratified property professionals are the respondents in this research, by applying the random sampling method.

Results indicate the problems that occur in the integrated development is the complexity management in integrated development, followed by the usages of the common property. Therefore, Collective Action Theory could ensure the effectiveness of the establishment of the subsidiary management corporation in the aspect of social rights, resources, governance groups and participants.

This paper provided an overview of the management circumstance in the integrated development of Malaysia and discussed some effective enhancements to promote the sustainable formation of the subsidiary management corporation or two-tier management corporations.

The purpose of this second part of this special issue is to contribute to a better understanding of the nature of Soviet society. It is not possible to analyse such a society in all its complexities within the space of one study. There are, however, some economic relations which determine society's major features. We believe that commodity‐production relations in the Soviet Union are of this type.