Strata Title, dispute resolution and law reform in Queensland

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Abstract

Although strata title relies upon standard property law concepts, the inherent nature of this hybrid statutory-based property interest and its importance in housing a large and increasing part of the population creates specific policy and legal problems. This article will analyse the nature of strata title, how it differs from a standard unit of real property and its requirement for joint obligations between other lot owners and the body corporate. The reform of strata title in the Queensland’s property law review will provide a context to analyse some of the problems that arise in this complex area of property law. This law reform initiative lays bare some of the tensions involved in this type of property interest and the difficulty in achieving fair and effective outcomes. This article will outline the significant conflict that arises in strata title and the power differential that exists between stakeholders. The article analyses how best to avoid and alleviate disputes between the various parties.
Original languageEnglish
Article number5
Pages (from-to)361-370
Number of pages20
JournalAustralian Property Law Journal
Volume26
Issue number3
Publication statusPublished - 1 Apr 2018

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