Condominium Governance and Law in Global Urban Context


I Conceptualizing condominium property, governance, law, and influenceNarratives of property and the limits of legal reform in the English leasehold system and its counterparts in other jurisdictionsUrbanisation and multi-owned housingLeasehold and multi-owned housingLeasehold reform, the present “scandal” and further reform proposals in international contextEveryday narratives of property in multi-owned housingConclusionEmbedded propertyIntroduction: private property, common property, and condominiumEmbedded propertySpatially embeddedChronic anti-social behaviourPolitically embeddedShort-term accommodationTemporally embeddedDissolution and collective saleConclusion: embedding and disembedding propertyPrivate governance of condominium land: common law versus statuteThe values of traditional land lawStrata title legislationThe consequences of legislatively based strata developmentThe culture and history of land law: Australia vs. USConclusionTurnover or roll over? Property developer legal avoidance and influence on condominium governance in New York City and TorontoLegal avoidance‘Turnover’ and five types of developer influence on condo governance through legal avoidanceInfluence through legal governing documentsInfluence through retained units and associated voting powerInfluence over and through condo board by ‘stacking’Influence through third-party contractsInfluence through fee manipulationConclusionBetween ownership and privacy: private surveillance and condominium governance in IsraelThe private-public ambiguity of the residential condominium spaceThe growing risks of surveillanceSurveillance as a construct of condominium social spaceThe commodification of security to lifestyle and property value endsThe impact of surveillance on condominium governanceThe inferiority of condominiums compared to public spacesSurveillance contribution to the growing role of managing agents in condominium governanceThe ‘condominium assemblages’ and future privacy challengesConclusionII International case studies in condominium law, dilemmas of governance, and statutory reformHomeowner associations’ role in China’s condominium governanceThe rise of HOA in condominium governanceThe characteristics of Chinese HOAsCorporate naturePrivate governanceSelf-administrationDemocratic educationResident perceptions of HOAsRespondents’ socio-economic profilesRespondents’ perceptions of HOARespondents’ willingness to participateConclusionAcknowledgementsLiving with strata towers: a case study of metropolitan Melbourne in disruptive global timesTower buildings growing up in MelbourneTowers and the Owners Corporations Act 2006Powers and functions of owners corporations and the dispute settlement processDealing with three major disruptions in strata towersThe sharing economy and short-term rentalsCombustible cladding: an expensive recent disruptionCOVID-19 and owners corporationsDiscussionConclusionEuropean and South African law perspectives on the efficacy of sanctions to confront chronic rulebreakers in condominium developmentsThe inefficiency of sanctions in terms of South African legislation, bylaws, and case law regulating the condominium communityLegislationSouth African bylawsCriminal sanctions in European condominium legislationSouth African case lawMore drastic sanctionsPermanent exclusion from the scheme in GermanyExclusion of possession of a condominium unit in SpainConstitutional perspective on an owner being deprived of their unitConclusionUntying built-in knots in Danish condominium law: a balancing of interestsDanish condominium law: key concepts and sources of lawAdopting house rulesSanctions towards negligent ownersPenalties (s. 9)Exclusion (s. 10)Relation between owners’ association and tenantsShort-term rentingThe right to rent the condominiumConclusionNew challenges to Spanish condominiums in an economic and pandemic crisisThe Spanish legal framework of condominiumsChallenges related to the 2007 economic crisisOld and substandard housing stockDefaulters and common fee delinquencyUrbanization and overcrowdingChallenges related to condominium governanceDecision-making and professional managersCondominiums and new technologiesChallenges related to the UN Sustainable Development Goals 2030Challenges related to ‘collaborative housing’ and ‘touristification’Expectations of the millennial generationConclusionIII Broader issues and futures of condominium governanceLaw reform challenges: an evaluation of Australia’s strata law trends and implicationsLaw reform literatureConsultationStrata titling in AustraliaHistorical changes to strata laws in AustraliaStrata law reform: instigators and rationalesCurrent trends in law reform: a Victorian case studyReform implications for strata schemesThe missing pieces in strata law reform processConclusionThe emerging architecture of state regulation in North American condominium governanceThe rise of condominium regulatory authoritiesThe Condominium Authority of Ontario (CAO) and dispute resolution tribunalExplaining the emerging regulatory architectureAssumed benefits and shared policy objectives of condominium growthAttempts to enhance self-governance in residential communitiesInfluence of interest groups on policymakingConclusionCondominiums aren’t forever: governance, redevelopment, and implications for the cityPressures for redevelopmentMethods and research proceduresSurvey of owners and residentsFeasibility analysisThe ‘business-as-usual’ approach to condominium renewalImplications of condominium governance and collective decision-makingImplications for the future of citiesDecreasing governance capacity and increasing governance challengesIncreasing socio-spatial polarisationLimits to future renewal through increasing land fragmentationAlternative approaches‘Business as usual’ with ownership of a new unitNot-for-profit redevelopmentResident-led redevelopmentRenewal without demolitionConclusionLaw on paper and law in practice: the contradictions of condominium governance in urban ChinaThe condominium systemCondominium law in ChinaThe social control system in ChinaInterference of the residents’ committees in condominium governance in practiceThe roots to the contradictionsOperationalInstitutionalStructuralConcluding remarksChicago’s “deconversion” waves and the fragility of condominium associationsThe condo “death spiral of dues and debt”What is deconversion and how does it work?The first wave of Chicago deconversions: mortgage fraud and the government responseThe second wave: private takings as hostile takeoversConclusionCondominium governance and law, property, and global urban futures