Management agreements in multi‐unit housing developments: A case study in regulation and remedies

Abstract

Purpose – This paper applies existing theoretical models on management agreements for multi‐unit housing to a particular legislative provision and its application in a decided case. It then critiques that decision and makes recommendations for policymakers based on the application and scope of the provision. The paper aims to discuss these issues. Design/methodology/approach – A socio‐legal approach is taken, based on a case study of a statutory provision discussed in a decided case. Findings – This paper identifies new phenomena in relation to management agreements for multi‐unit housing and makes recommendations for policymakers based on the case study. These recommendations relate to the wording of similar statutory provisions and to developers' duties to future owners. Research limitations/implications – The case study is limited to a single legislative provision and single decided case, though some references are made to overseas jurisdictions. Practical implications – The findings will help guide policymakers in other jurisdictions. Originality/value – Through extending existing models relating to body corporate management agreements and “developer abuse” to a case study relating to legislative reform, this paper shows the usefulness and limitations of a particular type of reform. This will assist those applying existing models to other jurisdictions and also provide guidance for policymakers.