The UK Government’s Commonhold White Paper, published on 3 March 2025, commits to making commonhold the default tenure for flats in England and Wales. A reboot of the commonhold legal framework originally introduced in 2002, this new regime (which we refer to as Commonhold 2.0 in this insight) draws on 182 proposals in the Law […]
Germany: Federal Court Ruling Clarifies Cost Distribution Among Property Owners
The Federal Court has recently addressed a pressing issue concerning the distribution of costs within homeowner associations (HOAs). The court ruled on whether a majority within an HOA can impose financial burdens on a minority of owners. The answer is yes, but with specific conditions in place. Read the article…………………………….
Brazil: New rules for amending condominium building agreements
Ordinance No. 64/2024 of the Office of the Inspector-General of the Courts of the State of São Paulo (CGJ-SP), published in the first half of January 2025, amended the content of items No. 81 and No. 82 of Chapter XX, Volume II, of the Service Standards of the CGJ-SP (“Ordinance”). Read the article…………………………….
Australia: Care needed when ending a management rights agreement
Like a marriage, all management rights agreements start with the greatest of intentions. And like a marriage, sometimes the love fades away. Not all management rights agreements stand the test of time. A rights holder may find the work doesn’t excite them anymore. Or that the value of their lot now far exceeds the value […]
Australia: Another pass at reforming the Strata Schemes Legislation
On 20 November 2024, the Strata Schemes Legislation Amendment Bill 2024 was introduced to Parliament. The Bill proposes to implement several recommendations from the statutory review report prepared by the Department of Customer Service in November 2021. Read the article…………………………….
UK: Exploring commonhold: The benefits, challenges and what it means for property ownership
Since its introduction in 2004, commonhold has been met with resistance, with only a small number of developments adopting the framework, compared to millions of leasehold properties. Anushka Nicholas, head of the leasehold enfranchisement team at Blacks Solicitors, shares insight on what commonhold ownership is, how the legislation differentiates from leaseholds and the challenges and […]
Australia: Charging danger: Every Strata Building Needs an EV By-law
Enclosed spaces like underground car parks increase the risk of deadly fires. Heat and toxic fumes become trapped, making fires more intense. As more electric vehicles fill these spaces, the risk of fire grows, especially with the addition of more and more charging stations. Read the article…………………………….
Thailand: New Consumer Protection Measures in Condominium Reservation Agreements
In response to the increasing supply and demand for condominium units, the Contract Committee (the “Committee”) under the Consumer Protection Act B.E. 2522 (1979) (the “Consumer Protection Act”) has taken significant steps to safeguard consumer interests. On 30 August 2024, the Committee issued the Notification of the Contract Committee re: Designating the Sale of Reserved […]
Australia: The Wild West of Strata By-Laws
The legendary spaghetti western The Good, The Bad and the Ugly came out almost 60 years ago, and while the movie is now a relic of old Hollywood, its name lives on in strataland. By-laws fall neatly into each of those three basic categories: good, bad or ugly. Read the article…………………………….
Australia: Regulating the Use of E/V Chargers
Recently I was asked two questions about the EV charging of vehicles in schemes. EV charging is becoming a concern for our schemes due to the uptake of electric and hybrid vehicles. The questions were not about how to install an EV charging system but about regulating the use of common property power and whether […]
Italy: Condominium statement: when it can be considered null and how to contest it
Transparency and correct management are essential to avoid disputes and guarantee the smooth functioning of the condominium community. However, sometimes these premises can fail, making it necessary to take actions such as the cancellation of the condominium statement. The invalidity of a condominium statement refers to the condition in which the financial statement presented by […]
Italy: Condominium resolutions: differences and possibility of appeal
In the condominium context, the resolutions of the assembly they represent essential tools for the management and organization of the common areas. Not all of them, however, have the same legal weight. In fact, there are resolutions decision-makingwhich determine concrete and immediate effects, e programmatic or interlocutory resolutions, which simply take on a preparatory or […]
Italy: Privacy management in condominium communications
There privacy management in condominium communications has become a topic of in recent years great relevance, both for condominium owners and administrators. Growing sensitivity to the protection of personal data, combined with new regulations, has forced ever-increasing attention to the protection of residents’ information. But how does all this translate into the daily practice of […]
Columbia: Who is responsible if a private asset suffers damage within the horizontal property?
The regulation indicates that the effects can be assumed by the co-owner or the administration, depending on the areas where the damage occurs. Living in condominiums poses greater challenges to maintaining harmony in the community. Although there are some facilities such as common spaces and security, there are also differences between neighbors or situations of […]
Netherlands: The Dutch homeowner’s association (VvE) explained
I’ve come across several cases recently in which buyers have been hit with unexpected bills, but this can be avoided if you are aware of your rights and obligations with regard to the VvE. Your makelaar (real estate agent) and notary are better placed than I am to help you with questions about the VvE […]
Australia: Why do Good Owners make Bad Strata Decisions?
Even though strata buildings are full of good, smart and well-intentioned people, they don’t always make great decisions. And sometimes strata buildings delay important decisions or, worse still, actually make really bad decisions. Why is that and what dynamics create those kinds of counterinitiative outcomes? The many potential reasons for the phenomenon should be studied […]
Turks and Caicos Islands: A Guide To Purchasing Property
Purchasing a property can be one of the most stressful experiences in life, especially when also contending with a foreign country and unfamiliar jurisdiction. However, purchasing your dream property on a paradise island may not be as complicated or scary as you think. We have set out below a guide to the main steps involved […]
Europe: Mastering the Art of Strata Management Transformation
Strata management, often regarded as the backbone of well-run residential complexes, is a multifaceted discipline with a profound impact on daily life. For residents in condominiums or apartment complexes, the seamless operation and maintenance of these properties are attributed to the art of strata management. Far from a simple task, strata management involves a meticulous […]
Australia: Demystifying Unit Entitlement (WA)
If you’re a proud strata owner in Western Australia, understanding “Unit Entitlement” (UE) is vital. This term plays a pivotal role in defining your rights, responsibilities, and financial commitments within WA’s unique strata landscape. In this article, we’ll delve into the intricacies of Unit Entitlement as outlined by the current Strata Titles Act in Western […]
Australia: Don’t You Dare Sue Me – Overstepping the Mark
Is it legitimate for a lot owner to pressure an owners corporation not to sue her or defend legal action she takes against the owners corporation? And what happens when the lot owner oversteps the mark? Can the owner be held in contempt of court? A recent NCAT case considered that very issue. Read the […]
India: Key Insights into Homeowner Associations: An Overview of Important Information
Homeowner associations (HOAs) play a significant role in many residential communities, governing and managing various aspects of communal living. These associations are formed to maintain property values, establish rules and regulations, and provide shared amenities and services. Read the article………………………..
India: Homeowners’ Association (HOA) Laws: Rights and Responsibilities of Owners
In this article, we will delve into the laws governing HOA’s and outline the rights and responsibilities of the owners. Read the article………………………..
Australia: Stretching time under the Strata Schemes Management Act, but not the Home Building Act
In a recent decision (Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 [2023] NSWCATAP 66) concerning the period of time within which parties may commence proceedings under section 106 of the Strata Schemes Management Act 2015 (NSW) (SSMA), the Appeal Panel held that the NSW Civil and Administrative Tribunal (NCAT) […]
South Africa: Is it legal to charge fines for speeding transgressions in estates to a homeowner’s levies?
A two-part article: Part 1: Is it legal to charge fines for speeding transgressions in estates to a homeowner’s levies? Part 2: Clearing up some common misconceptions about estates issuing fines to homeowners following the Mount Edgecombe-case
Australia: Does NCAT have the Power to Resolve all Strata Disputes? (NSW)
A recent hot topic has been the width of the powers given to NCAT to resolve strata disputes. In particular, can NCAT resolve any strata dispute or just some disputes? This interesting issue was considered in a recent decision of the Appeal Panel of NCAT. Read the article………………………..
Philippines: How do homeowners’ associations operate?
The essence of community life is association and cooperation for without these such broader welfare goals cannot be attained, according to the Supreme Court in Bel-Air Village Association Inc. v. Dionisio. Read the article………………………..
Australia: Effective from 1 September 2022, PSAR Regulation – New Provision about Handover of Records to Self-Managed Schemes
The primary change for strata and community managing agents relates to the expansion of the requirements under Schedule 4 Rules specific to strata managing agents and assistant strata managing agents (previously Schedule 6 of the 2014 regulations). Clause 1 of Schedule 4 is set out in full below: Read the article………………………..
Israel: Condominium Buildings and Electric Vehicle Charging Stations – New Ruling
A recent ruling by the supervisor of the Israel Land Registration addresses, inter alia, the installation of an EV charging station in the car park of a condominium building. The general meeting of a condominium building’s tenants is responsible for passing decisions about the use of common property in a condominium. A draft bill is […]
Turks and Caicos Islands: An Overview Of Strata Titles And Homeowners’ Association Ownership
If you are looking at purchasing a condominium, apartment, or villa within a development/complex (as opposed to a standalone house or villa) in the Turks and Caicos Islands (“TCI”), title to the property will either be what is known as a “strata title” or will be part of a Homeowners’ Association. This article aims to […]
Australia: Building Defects: Who in Construction is Liable?
Is “a person who carries out construction work” limited to the entity that was contracted to do the work such as, the builder and developer or does it also include all persons involved in completing the project work such as a supervisor, director or project manager? Read the entire article……………………………….
Australia: Stop! Considerations for strata lot owners before you pick up the hammer this long weekend
One of the most common questions that I receive from lot owners is along the lines of “why is the owners corporation picking on me, I just did a small bit of work”. Read the entire article……………………………….
Australia: Who wants Electric Vehicle (EV) Charging and who Should Pay?
With the current rise in fuel prices affecting Australia, the demand for Electric Vehicles (EV) is at an all-time high. Discussion around EV charging are attracting all sorts of attention as recently set out in the Sydney Morning Herald article. In a group setting such as an owners corporation where you have owners and tenants […]
The new case South Africans living in complexes and estates should know about
The issue of short-term rentals in residential complexes is a thorny one, says BBM Law director Marina Constas. “For permanent residents, units rented out on a short-term basis – whether through Airbnb or other channels – can be bad news, jeopardising the development’s reputation, property values and security. For many property investors, however, short term […]
Thailand – Condominium Disputes: Rights And Responsibilities Of Joint Owners
“Condominium” combines the Latin roots com (“together”) and dominium (“right of ownership or property”) into a word that literally means “shared property.” This shared ownership of property—which in the condominium’s case has come to mean a large building of residential units—has been enormously popular in Bangkok and other Thai cities, Read the entire article……………………………….
UAE: Jointly Owned Property Regulations in Dubai
Being a part of the Owners Association necessitates a payment known as the annual service charge, which will be utilized for the maintenance and preservation of the community. In Dubai Law Number 27 of 2007 was introduced as the Strata Law, to establish the regulations with regards to the ownership of jointly owned real property […]
Australia: Combustible Cladding, Class Actions & Australian Consumer Law
One of the potential routes to recovery for strata owners faced with the cost of council orders requiring the replacement of combustible cladding may be actions against the manufacturers under the Australian Consumer Law. At present Federal Court Class Actions are on foot representing all person who are effected by the apparent failure of Alucobond […]
Ghana: What you need to know about condominiums
Condominiums or condo is a term used in the United States and most provinces in Canada. Condos are more complicated than buying and living in a single family home. You must understand what it is you are purchasing and whether the lifestyle will suit you and your family. Read the article……………………..
Romania: Real Estate Law: Important news on condominiums
On 28 September 2018 a new law (the law) came into force, providing new regulations relevant in practice for properties jointly owned by several persons. The law replaces in full the previous law on the establishment, organization and functioning of ownership communities. It is relevant to owners and purchasers. It applies to every owner, tenant, […]
Malaysia: Strata management tribunal – Classification of claims
A claim that is filed with the Strata Management Tribunal (SMT) may be classified either for negotiation or for hearing pursuant to the Strata Management (Strata Management Tribunal) Regulations 2015 (SMT Regulations). The term negotiation is defined by BusinessDictionary.com as bargaining (give and take) process between two or more parties (each with its own aims, […]
Defects in Strata Buildings – the strata building bond explained
Defects in newly constructed high-rise developments are becoming more and more prevalent, especially in Sydney. With the aim of addressing this, there are now new obligations on property developers in New South Wales pursuant to Part 11 of the Strata Schemes Management Act 2015. Read the article……………….
Can a strata by-law restrict Airbnb style holiday lettings? A new legal decision is a game changer
The news from London is that the Privy Council has decided to uphold a strata by-law which bans holiday lettings of less than one (1) month. The decision is O’Connor (Senior) and others v The Proprietors, Strata Plan No. 51 [2017] UKPC 45 (21 December 2017). Lord Carnwath gave the judgment on behalf of the […]
Get ready for the new NSW Strata Defects Regime
The new Strata Defects Regime will have short- and long-term effects on developers, and they should be getting ready now. New South Wales’ new Strata Defects Regime established under the Strata Schemes Management Act 2016 is about to commence on 1 January 2018, and with the release of the Strata Schemes Management Regulations 2016 developers […]
Overview of Strata Structures in Dubai
Common areas in certain real estate projects in Dubai belong jointly to the owners of units in the project. The management of such common areas is governed by the provisions of Law No. 27 of 2007 and a set of directions and regulations. This article summarises the various entities and documents involved with the management […]
Thailand: Condominium Disputes: Concerns for Joint Owners
Condominiums have long been one of the most popular properties for people living in Thailand’s big cities. The different units in a condominium are individually owned, while common properties, such as lobby areas or swimming pools, are jointly owned by the owners of individual condominium units. Unfortunately, disputes among joint owners (the owners of units […]
Special Economic Zones – Quietly Advancing Freedom And Transforming Countries
Though not special economic zones in the modern sense, zones governed by special rules have existed almost as long as government itself. The astonishing growth in SEZs over time qualifies as a revolution of sorts, but not the usual, political kind. Instead of being imposed by domestic or foreign enemies, this revolution has come from […]
Japanese Condominium Bans Greetings Within the Condominium Property
It was recently reported that a Japanese condominium has implemented a rule that prohibits residents from greeting each other while on the condominium property. This rule was adopted out of concern for the safety of elementary school-age children living in the condominium. As parents were instructing their children to run away if they were greeted […]
Community Democracy in Cayman Islands’ Strata Corporations
A recent decision of the Grand Court may affect role of developers of strata corporations in the Cayman Islands, particularly where the strata development forms part of a larger resort complex, perhaps incorporating timeshare apartments or a hotel. Read the article…………
A Quick Guide to the New Abu Dhabi Strata Law
For those in the real estate industry, the easiest way to understand the new Abu Dhabi strata law is to compare it with the already familiar Dubai strata law. The two Emirates’ laws, in most cases, reach the same place by similar means. For property developers and owners’ association managers working across both jurisdictions, the […]
Understanding Homeowners Association Reserve Accounts (India)
A significant cost, when buying a property that is part of a small common interest development, can often be the monthly or other periodic fees due to the homeowners association. A lot of homeowners mistakenly look on this money as part of their investment and while they are not entirely wrong, once the money is […]
South Africa: Liquidators vs Home Owners Associations: title deed conditions are binding on liquidators
In two recent cases decided in the Supreme Court of Appeal (SCA), namely,Willow Waters Homeowners Association (Pty) Limited v KOKA NO and others [2015] JOL 32760 (SCA) and Cowin NO v Kyalami Estate Homeowners Association (499/2013) [2014] ZASCA 221, the SCA was asked to consider: Read the articles………..