evolution of community title legislation (qld)

FROM CO-OWNERSHIP TO

STATUTORY COMMUNITY TITLE

Facilitating Community Living

Outcomes

Legislative evolution

•Policy considerations

Compare and contrast

•Common law co-ownership

•Community title

Evaluate tenancy in common

Issue Pros Cons

Possession

Maintenance

Improvements

Dispute resolution

Land in

mid-

air?

Evolution of title in common…

Common law

Company title

Company title – attaching land

interests to shares

GROUP

No

PENTHOUSE

SERIAL Nos NUMBER OF

SHARES

UNIT Nos

PENTHOUSE

2 45001-53250 8,250 2

Evolution of title in common…

Common law

Company title

Strata & group title

Building Units

Plan (from

previous

legislation) –

building

footprint +

authorities

BUP:

certificate of

title issues for

each lot in

the plan

BUP: Boundary

of each lot is

shown via plan

Group title

Evolution of title in common…

Common law

Company title

Strata & group title

Community title

The need for a legislative

overhaul

Volumetric title… in thin air!

Dispute resolution is an important

aspect of community living

How might

legislation

support

community

living for

groups with

particular

needs?

Not just land title…

Activities Care Community

Keep couples together

Facilities