Categories: Canada Articles

The Philosopher and the Developer: Pluralist Moral Theory and the Law of Condominium

This paper analyzes the evolving law of condominium from the perspective of the moral philosophy of property, focusing in particular on neo-Aristotelian value or pluralist ethics. By combining aspects of traditional property law, corporate law, and municipal politics, condominium provides a flexible tool forownership and private land use planning. Condominium, however, also poses novel and unique challenges toboth legal doctrine and the very meaning of private property. After describing and comparing the pluralist approach to moral philosophy of property and the approach of its main rivals—deontology and utilitarianism—the paper describes how condominium is understood by each approach and analyzes in detail current legislation and court decisions regarding condominium in light of these approaches.The paper concludes that courts and legislatures have been alternating between deontological approaches and pluralist approaches to condominium, with a general trend in recent developments away from the deontological approaches and towards pluralist approaches. The thesis tentatively suggests that on the whole,pluralist approaches lead to more just and equitable results in condominium, and suggests further avenues for study.      Read the article………….

Editor

Recent Posts

ADUs: Strategic Solution to California’s Housing Shortage

Recent California laws enacted in 2023 and 2024, make it easier for homeowners to obtain…

4 hours ago

The Future of Condominium Living: Trends and Predictions

The condominium living experience is evolving rapidly, influenced by technological advancements, demographic shifts, and changing…

5 hours ago

HB 1203, Effective July 1, 2024, Changes HOA Fining Requirements (FL)

When Florida lawmakers concluded their 2024 Legislative Session, a number of bills passed that affect…

5 hours ago

New Requirements for Condominium Association on Inspections of Official Records

The Florida Legislature adopted House Bill (HB) 1021, which was recently signed into law by…

5 hours ago

HOA board wants to eliminate parking policy (NV)

Q: Our homeowners association has private streets and has a formal parking policy that simply…

5 hours ago