Theorising Power Relationships in Multi-owned Residential Developments: Unpacking the Bundle of Rights

Abstract

This article foregrounds the complex connections between property and law in the multi-owned residential sites which are becoming increasingly common in many countries. Empirical research into intensive housing developments in New Zealand and gated communities in England found that, despite differences in legal structures, individual owners often expressed frustration at their lack of control over the on-going management of such developments. This article suggests an analytical framework for considering and explaining issues of power and control amongst developers, residents and managing agents of these sites. We use the concept of the 'bundle of rights' approach to property interests and ownership to explore the importance of the right to manage. Drawing on the work of Foucault, Bourdieu, Clegg and Callon, the article tracks the transfer of power and legal rights through the critical legal events identified as taking place in the process of development and sale of multi-owned residential sites. It is suggested that these analytical tools might be useful in illuminating power relationships and legal arrangements in other urban property configurations.

Managing the Development of Multi-Titled Golf Complexes

“…This model appears to be popular with developers as it provides them with increased flexibility in the way a golf course can be integrated into a development. It is notable that in a study focusing on New Zealand and the UK, Blandy, Dixon, and Dupuis (2006) observed that while there is an apparent passage of property ownership from developer to individual owners in a large strata titled scheme such as an MTGD, the eventual property owners do not enjoy the same scope of influence as owners in conventional property ownership situations.…”

“…This potential for a conflict of interest was only noted late in the course of conducting the interviews and the extent to which it constitutes a challenging issue was not examined in any great detail. For further examination of this issue, see Blandy et al (2006).…”

An Examination of Management and Governance Issues Arising in Residential Golf Complexes

“…Perhaps even more surprising, with the notable exception of Blandy, Dixon and Dupuis' (2006) study, there is a paucity of governance and management enquiries in the broader field of strata titled housing. This signifies that a challenging aspect of this study concerns the identification of an appropriate literary context in which to ground the empirical work.…”

“…This signifies that a challenging aspect of this study concerns the identification of an appropriate literary context in which to ground the empirical work. Aside from Blandy et al's (2006) study, the two most pertinent literatures identified concern a fledgling literature that focuses on issues arising in tourism based multi titled properties and the generic golf management literature. These literatures form the basis of the review provided here.…”

Funding common property expenditure in multi‐owned housing schemes

“…Ngai-ming and Forrest (2002) highlight the potential for tension to arise between owners with differing levels of wealth and Blandy et al (2006) note conflict of interest issues resulting when a developer attempts to extend a long-term service contract to a building managing agent. A specific MOH scenario was investigated by Guilding and Whiteoak (2008), who examined governance issues arising between accommodation owners and golf club managers in residential golf complexes.…”