Multi-owned housing Flashcards
(35 cards)
What encompasses multi-owned housing?
Multi-owned housing includes low-rise and high-rise apartment blocks, housing cooperatives, co-housing developments, and community land trusts.
What are the physical structures common in multi-owned housing?
Individual flats within a multi-storey building, alongside common spaces and shared facilities such as roofs, walls, staircases, lifts, and amenities like gyms and swimming pools.
How is governance and management handled in multi-owned housing?
Through collective decision-making, often involving a managing agent, where owners contribute financially to the maintenance and repair of common areas and shared facilities.
How does the shared nature of multi-owned housing affect ownership rights?
It necessitates a balance between individual and collective interests, impacting governance frameworks and reconfiguring traditional property interests.
What legal structures underpin multi-owned housing?
The legal structures vary across jurisdictions, primarily distinguished between condominium (or strata) titles and long leases of flats.
What key principle does Sarah Blandy note about multi-owned housing?
Sarah Blandy notes the essential role of sharing in governance frameworks within multi-owned housing.
(Emphasises that the developer is responsible for upkeeping common property in exchange for service charges paid by leasehold owners )
+ ‘Both the physical layout and the governance framework of multi-owned housing require some form of sharing by the homeowners (Narratives)
How does condominium reconfigure property interests according to Harris?
Condominium reconfigures property interests by altering the traditional context of ownership to accommodate the shared nature of multi-owned housing.
What is the key indicator of a tenancy rather than a licence?
Exclusive possession is a key indicator of a tenancy rather than a licence, implying lessee’s control over the property to the exclusion of the landlord and third parties.
How do statutory interventions like the Landlord and Tenant Act 1985 impact multi-owned housing?
They introduce specific obligations for landlords, emphasising repair and maintenance, and providing significant protections to tenants in multi-owned housing arrangements.
What is a condominium title and its equivalent terms in other countries?(SA, France, Italy?)
Condominium title, known as strata title in Australia, sectional title in South Africa, copropriété des immeubles in France, and condominio in Italy, features dualistic ownership—individual ownership of flats and collective ownership of common parts.
What are the main characteristics of long lease systems in England and Wales?
Involves leaseholders who have long leases from the freeholder, responsible for the building’s management and upkeep, with leaseholders paying for management costs via a service charge.
What challenges do multi-owned housing systems face?
Both condominium titles and long lease systems face challenges in governance, management, and enforcement of obligations among owners, highlighting the complexities of multi-owned properties management.
How do legal frameworks impact the market value and legal challenges of multi-owned housing?
The legal intricacies of multi-dimensional land ownership and reliance on leasehold covenants underscore legal challenges in facilitating multi-owned housing, impacting both legal and market value.
What statutory interventions have been made in England and Wales for multi-owned housing?
Statutory interventions include enfranchisement rights, the right to manage (RTM), the abolition of ground rent, and the introduction of commonhold, aimed at addressing specific issues in multi-owned housing.
What is the significance of the Leasehold Reform (Ground Rent) Act 2022?
It prohibits the requirement for tenants to make payments of ground rent that exceeds a peppercorn rent, addressing abuses by freeholders.
How does the Commonhold and Leasehold Reform Act 2002 affect leasehold covenants?
It introduced commonhold as a new form of shared ownership for flats, significantly altering the landscape for leasehold covenants by addressing issues like enfranchisement rights and the right to manage.
What role does scholarly analysis play in understanding multi-owned housing?
Scholars critically analyse the limitations and possibilities within legal frameworks for multi-owned housing, emphasizing the need for robust systems to accommodate unique demands of modern living arrangements.
What is the commonhold system introduced by the CLRA 2002?
Commonhold offers an alternative to the long leasehold system, granting unit owners freehold ownership of their units and membership in a commonhold association responsible for managing common parts.
Why has commonhold not been widely adopted?
Despite its potential, commonhold has not been widely adopted due to its voluntary nature and the existing dominance of the leasehold system.
(Leasehold= more profitable financially)
What are the challenges of the long leasehold system?
The long leasehold system has been criticised for diminishing asset value, limited autonomy for leaseholders, and exploitation by freeholders as a source of profit.
How is a commonhold created?
A commonhold is created out of a freehold registered estate and must be registered, with at least two commonhold units defined, along with a commonhold association for managing common parts.
What are the conditions for converting existing developments to commonhold?
Conversion requires the agreement of all existing leaseholders with leases of more than 21 years, the freeholder, and mortgagees, involving the extinguishment of leases and a scheme of partial compensation.
How does the Commonhold and Leasehold Reform Act 2002 affect leasehold covenants?
It introduced commonhold as a new form of shared ownership for flats, significantly altering the landscape for leasehold covenants by addressing issues like enfranchisement rights and the right to manage.
What significant shift does the Leasehold Reform (Ground Rent) Act 2022 mark?
It prohibits the requirement for tenants to make payments of ground rent that exceeds a peppercorn rent, addressing abuses by freeholders.
