Links between physical and legal structures of community title schemes and disputes

Abstract

This article examines the connection between physical and legal design of a community title scheme and the frequency, nature and number of disputes arising between stakeholders in a community titles scheme. The article examines disputes arising in community title schemes to discover whether the disputes were triggered or caused by physical or legal design defects that could be remedied or avoided in the future. The initial research has focused on an analysis of decisions made by adjudicators and judges under the Body Corporate and Community Management Act 1997 (Qld), together with a comparative review of literature on the topic in Australia, the United States and Canada. For the purposes of the article, definitions of physical design and legal design have been developed. The article identifies common disputes that have links to physical or legal design and these have been grouped into five different categories. Dispute 'triggers' have been identified and, where appropriate, potential solutions suggested. The article concludes with suggestions for future avenues of research.