Gibbons, T (2013) Management agreements in multi-unit housing developments: Existing models and the New Zealand unit titles acts. International Journal of Law in the Built Environment, 5(1), pp. 40-52. ISSN 17561469
Abstract
Purpose: The purpose of this paper is to test existing theoretical models relating to management agreements and "developer abuse" in relation to multi-unit housing developments through applying them to a new jurisdiction: New Zealand. Design/methodology/approach: The paper uses a combination of case studies from reported legal cases, and a socio-legal framework, to apply existing models to New Zealand. Findings: The analysis shows that existing models are accurate, but can be improved and refined through a deeper examination of the issues arising from decided cases. New phenomena were identified that require more attention. Research limitations/implications: This analysis is restricted to decided cases and empirical research may allow further findings. The research was also limited to New Zealand as a test of existing models. Practical implications: The analysis in this paper shows that there are difficulties with recent law reforms, and more attention is needed to legislative solutions to the problems identified in existing literature and decided cases. Social implications: This research may help educate the public about the issues arising from management agreements. Originality/value: By applying existing models relating to body corporate management agreements and "developer abuse" to a new jurisdiction, this paper shows the usefulness of those models. The models remain to be tested in other jurisdictions, and this paper adds to existing frameworks for those scholars who do so. It will also have use for policy makers in this area.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | legal title; legislation; management rights; multi-owned housing; New Zealand; property management; unit titles |
| Index terms: | New Zealand, case study, agreements, property management, legislation, housing development, jurisdiction, methodology, housing, law reform |
| Subjects: | contract formation, real estate economics, legal systems, construction type, data collection methods, research methods, Geography |
| Topics: | Contract Administration, Urban Studies, Legal Issues, Construction Technology, Geographical Context, Research Practice |
| Descriptive scope: | 4 PCTE |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here