Condominium Governance and Law in Global Urban Context - Condominium Governance and Law in Global Urban Context -

I Conceptualizing condominium property, governance, law, and influence Narratives of property and the limits of legal reform in the English leasehold system and its counterparts in other jurisdictions Urbanisation and multi-owned housing Leasehold and multi-owned housing Leasehold reform, the present “scandal” and further reform proposals in international context Everyday narratives of property in multi-owned housing Conclusion Embedded property Introduction: private property, common property, and condominium Embedded property Spatially embedded Chronic anti-social behaviour Politically embedded Short-term accommodation Temporally embedded Dissolution and collective sale Conclusion: embedding and disembedding property Private governance of condominium land: common law versus statute The values of traditional land law Strata title legislation The consequences of legislatively based strata development The culture and history of land law: Australia vs. US Conclusion Turnover or roll over? Property developer legal avoidance and influence on condominium governance in New York City and Toronto Legal avoidance ‘Turnover’ and five types of developer influence on condo governance through legal avoidance Influence through legal governing documents Influence through retained units and associated voting power Influence over and through condo board by ‘stacking’Influence through third-party contracts Influence through fee manipulation Conclusion Between ownership and privacy: private surveillance and condominium governance in Israel The private-public ambiguity of the residential condominium space The growing risks of surveillance Surveillance as a construct of condominium social space The commodification of security to lifestyle and property value ends The impact of surveillance on condominium governance The inferiority of condominiums compared to public spaces Surveillance contribution to the growing role of managing agents in condominium governance The ‘condominium assemblages’ and future privacy challenges Conclusion II International case studies in condominium law, dilemmas of governance, and statutory reform Homeowner associations’ role in China’s condominium governance The rise of HOA in condominium governance The characteristics of Chinese HOAs Corporate nature Private governance Self-administration Democratic education Resident perceptions of HOAs Respondents’ socio-economic profiles Respondents’ perceptions of HOA Respondents’ willingness to participate Conclusion Acknowledgements Living with strata towers: a case study of metropolitan Melbourne in disruptive global times Tower buildings growing up in Melbourne Towers and the Owners Corporations Act 2006 Powers and functions of owners corporations and the dispute settlement process Dealing with three major disruptions in strata towers The sharing economy and short-term rentals Combustible cladding: an expensive recent disruption COVID-19 and owners corporations Discussion Conclusion European and South African law perspectives on the efficacy of sanctions to confront chronic rulebreakers in condominium developments The inefficiency of sanctions in terms of South African legislation, bylaws, and case law regulating the condominium community Legislation South African bylaws Criminal sanctions in European condominium legislation South African case law More drastic sanctions Permanent exclusion from the scheme in Germany Exclusion of possession of a condominium unit in Spain Constitutional perspective on an owner being deprived of their unit Conclusion Untying built-in knots in Danish condominium law: a balancing of interests Danish condominium law: key concepts and sources of law Adopting house rules Sanctions towards negligent owners Penalties (s. 9)Exclusion (s. 10)Relation between owners’ association and tenants Short-term renting The right to rent the condominium Conclusion New challenges to Spanish condominiums in an economic and pandemic crisis The Spanish legal framework of condominiums Challenges related to the 2007 economic crisis Old and substandard housing stock Defaulters and common fee delinquency Urbanization and overcrowding Challenges related to condominium governance Decision-making and professional managers Condominiums and new technologies Challenges related to the UN Sustainable Development Goals 2030 Challenges related to ‘collaborative housing’ and ‘touristification’Expectations of the millennial generation Conclusion III Broader issues and futures of condominium governance Law reform challenges: an evaluation of Australia’s strata law trends and implications Law reform literature Consultation Strata titling in Australia Historical changes to strata laws in Australia Strata law reform: instigators and rationales Current trends in law reform: a Victorian case study Reform implications for strata schemes The missing pieces in strata law reform process Conclusion The emerging architecture of state regulation in North American condominium governance The rise of condominium regulatory authorities The Condominium Authority of Ontario (CAO) and dispute resolution tribunal Explaining the emerging regulatory architecture Assumed benefits and shared policy objectives of condominium growth Attempts to enhance self-governance in residential communities Influence of interest groups on policymaking Conclusion Condominiums aren’t forever: governance, redevelopment, and implications for the city Pressures for redevelopment Methods and research procedures Survey of owners and residents Feasibility analysis The ‘business-as-usual’ approach to condominium renewal Implications of condominium governance and collective decision-making Implications for the future of cities Decreasing governance capacity and increasing governance challenges Increasing socio-spatial polarisation Limits to future renewal through increasing land fragmentation Alternative approaches ‘Business as usual’ with ownership of a new unit Not-for-profit redevelopment Resident-led redevelopment Renewal without demolition Conclusion Law on paper and law in practice: the contradictions of condominium governance in urban China The condominium system Condominium law in China The social control system in China Interference of the residents’ committees in condominium governance in practice The roots to the contradictions Operational Institutional Structural Concluding remarks Chicago’s “deconversion” waves and the fragility of condominium associations The 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 response The second wave: private takings as hostile takeovers Conclusion Condominium governance and law, property, and global urban futures