Climate Change and Housing: Strata and Community Title
Professor Cathy Sherry
Housing has a substantial impact on climate change through its initial construction and ongoing use. As a result, concerted efforts are being made to make all aspects of housing more sustainable. There are a range of ways to do this, and the provision of ‘sustainability infrastructure’ is key.
Strata title is the fastest growing form of housing title in Australia, and it offers opportunities for the collective ownership and management of more extensive sustainability infrastructure than freestanding homes. However, strata title and the obligations it imposes also create risks for owners and tenants. This chapter sets out the key concepts in strata title so that climate conscious lawyers can harness strata title for the benefit of their clients and the environment.
Key questions
What role do private land titles and property doctrines play in facilitating sustainability infrastructure?
How does strata and community title facilitate the ownership and management of collectively owned sustainability infrastructure?
What risks do complex land titles create for owners and tenants?
CHAPTER OUTLINE
2. Strata and Community Title Fundamentals
2.1 Strata Title
2.2 Community Title
3. Why Do We Need Strata Title Legislation? Limitations in Orthodox Property Law
3.1 Limitations of Freehold (Restrictive) Covenants
3.2 Limitations in Easement Law
3.3 Effect of Strata and Community Title Legislation
3.4 Case Study A: Jindibah Community
