evolution of community title legislation (qld)
TRANSCRIPT
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