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Course

Strata and Community Title Law - LAWS8115

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230

Excluded: JURD7515

CSS Contribution Charge: 1 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Strata and community title are the fastest growing areas of property law. Over one million people in NSW currently live in strata developments and in Sydney, 70% of new urban development in years to come will be high or medium density. The law relating to strata and community title raises fascinating questions, both theoretical and practical. Should people be able to ban their neighbours owning pets or putting up political posters? How can we create workable legislation that governs developments as diverse as townhouses, business parks and tourist resorts? This course will look at a range of issues affecting strata and community title, including consumer protection, management contracts, redevelopment of old strata, tourist developments, dispute resolution and legislative reform. Legislation regarding strata and community title will be examined, as well as a critical evaluation of the sociology of community living. There will be guest lectures from strata and community title practitioners.


LLM Specialisations

Recommended Prior Knowledge

A sound understanding of real property law

Course Objectives

  • To attain a sound understanding of the legislative framework governing the development and on-going management of strata and community title developments
  • To understand the different concerns and needs of stakeholders in the industry, including developers, investors, owner-occupiers and tenants
  • To become familiar with the urban planning policy debates that affect strata and community title, such as urban consolidation and environmentally sustainable development

Main Topics

  • Legislation governing the establishment of strata schemes
  • Legislation governing the establishment of community schemes
  • Working for developers - translating developers' visions into legal reality
  • Critical evaluation of initial strata and community title development
  • On-going management of strata and community title schemes
  • Management rights
  • Conflict management and dispute resolution
  • Development and re-development of older strata schemes
  • Living in strata: residential tenancies
  • Retirement villages and tourist developments
  • The role of strata in tourist developments
  • The role of strata and community title in urban planning
  • Demographics and sociology of community living

Assessment

Class Participation Preparation and engagement in class 20%
Research paper 80%
 

Course Texts

Prescribed
None

Recommended

  • Alex Ilkin, Strata Schemes and Community Schemes Management and the Law, 4th edition, 2007, LBC
  • CCH Strata Looseleaf Service, New South Wales Strata and Community Titles Law
Law Books

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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