The New South Wales strata and community titles acts: A case study of legislatively created high rise and master planned communities

Purpose – The purpose of this paper is to present a case study of the legislative creation of high rise and master planned communities to provide a common basis for future discussions, research and international comparison in the field. Design/methodology/approach – The case study addresses relevant legislation in the Australian state of New South Wales. This has been a model for that in other jurisdictions, including Singapore, the UK and the Dubai International Financial Centre. The legal terms and their significance are discussed in a way that is comprehensible to both lawyers and nonlawyers. Findings – The legislation is shown to have achieved a range of outcomes that are not possible in ordinary AngloAustralian property law. For example, it has created governing “bodies corporate” which regulate communities with private bylaws and facilitates the continued enforcement of detailed architectural guidelines imposing a master plan. Research limitations/implications – The research describes the legal framework for the creation of communities in a single jurisdiction. More research is needed on the specific way that legal structures hinder or promote satisfactory community living in this and in other jurisdictions. Originality/value – The paper will aid discussions between a range of academics and practitioners working on high rise and master planned communities. It will assist communication between lawyers and nonlawyers, providing a clear description of the significance of legislation in the creation of communities. It will facilitate transnational discussion, as differences in legal systems and inconsistent terminology are a barrier to effective communication and common understanding.