1.

Record Nr.

UNINA9910155245603321

Autore

Sherry Cathy

Titolo

Strata title property rights : private governance of multi-owned properties / / Cathy Sherry

Pubbl/distr/stampa

New York : , : Routledge, , 2017

ISBN

1-315-69057-8

1-317-42751-3

1-317-42752-1

Edizione

[1st ed.]

Descrizione fisica

1 online resource (285 pages) : illustrations

Collana

Routledge complex real property rights series

Disciplina

346.7304/32

346.730432

Soggetti

Common interest ownership communities - Law and legislation - Australia

Common interest ownership communities - Law and legislation - United States

Right of property - Australia

Right of property - United States

Real property - Australia

Real property - United States

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

1. The genesis of the strata and community title acts -- 2. A property theory for strata and community title -- 3. United States law and homeowner association practice -- 4. The economic implications of by-laws -- 5. Privacy and personal autonomy : the social and political implications of by-laws -- 6. By-laws' effect on well-being : a case study in children's play.

Sommario/riassunto

Multi-owned properties make up an ever-increasing proportion of commercial, tourist and residential development, in both urban and rural landscapes around the world. This book critically analyses the legal, social and economic complexities of strata or community title schemes. At a time when countries such as Australia and the United States turn ever larger areas into strata title/condominiums and community title/homeowner associations, this book shows how



governments, the judiciary and citizens need to better understand the ramifications of these private communities. Whilst most strata title analysis has been technical, focusing on specific sections of legislation, this book provides higher level analysis, discussing the wider economic, social and political implications of Australia s strata and community title law. In particular, the book argues that private by-laws, however desirable to initial parties, are often economically inefficient and socially regressive when enforced against an ever-changing group of owners. The book will be of particular interest to scholars and legal practitioners of property law in Australia, but as the Australian strata title model has formed the basis for legislation in many countries, the book draws out lessons and analysis that will be of use to those studying privately-owned communities across the world."