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.

Get full access to this article

View all access options for this article.

References

Atkinson, R. , Blandy, S. , Flint, J. and Lister, D. (2003) Gated communities in England. Office of the Deputy Prime Minister, London.

Auckland Regional Growth Forum (1999) A vision for managing growth in the Auckland Region: Auckland Regional Growth Strategy, 2050. Auckland Regional Growth Forum, Auckland Regional Council.

Bailey, N. and Robertson, D. (1997) Management of Flats in Multiple Ownership: Learning from Other Countries. Bristol: The Policy Press.

Blakely, E.J. and Snyder, M.G. (1997) Fortress America: Gated Communities in the United States. Cambridge, MA: Brookings Institution Press; Washington, DC: Lincoln Institute of Land Policy.

Blandy, S. and Lister, D. (2005) Gated communities: (ne)gating community development? , Housing Studies, 20(2), pp. 287-301.

Blandy, S. , Dixon, J. , Dupuis, A. and Parsons, D. (2006) The rise of private neighbourhoods in England and New Zealand, in: G. Glasze , C. Webster and K. Frantz (Eds) Private Cities: Global and Local Perspectives, pp. 190-205. London: Routledge.

Bourdieu, P. (1987) The force of law: toward a sociology of the juridical field, The Hastings Law Journal, 38, pp. 814-853.

Callon, M. (1986) Some elements of a sociology of translation: domestication of the scallops and the fishermen of St Brieuc Bay, in: J. Law (Ed.) Power, Action and Belief: A New Sociology of Knowledge?, pp. 196-233. London: Routledge and Kegan Paul.

Chen, S.C.Y. and Webster, C.J. (2005) Home-owners associations, collective action and the costs of private governance, Housing Studies, 20(2), pp. 205-220.

10.

Clegg, S.R. (1989) Frameworks of Power. London : Sage.

11.

Cole, I. , Gidley, G. , Robinson, D. and Smith, Y. (1998) The impact of leasehold reform: flat dwellers' experiences of leasehold enfranchisement and lease renewal. Department of the Environment, London.

12.

Cotterell, R. (1987) Power, property and the law of trusts: a partial agenda for critical legal scholarship, Journal of Law and Society, 14(1), pp. 77-90.

13.

Danet, B. (1985) Legal discourse, in: T. A. Van Dijk (Ed.) Handbook of Discourse Analysis, Volume 1. Disciplines of Discourse, pp. 273-291. London: Academic Press.

14.

Dca (Department For Constitutional Affairs) ( 2004) Non-statutory guidance on The Commonhold Regulations 2004 . Department for Constitutional Affairs, London.

15.

Department Of Building And Housing (2004) Review of the Unit Titles Act 1972. Discussion document, Department of Building and Housing, Wellington, November.

16.

Dtlr (Department For Transport, Local Government And The Regions) (2002) Improving the standards of residential leasehold management: consultation. DTLR, London.

17.

Dupuis, A. and Dixon, J. (2004) The operation of bodies corporate: time for a change . Paper presented at the International Housing Conference, Adequate and Affordable Housing for All: Research, Policy and Practice, Centre for Urban and Community Studies, University of Toronto, June.

18.

Dupuis, A. and Dixon, J. (2006) 'Getting on': an agenda for living closer together , in: M. Thomp-Son-Fawcett and C. Freeman (Eds) Living Together: Towards Inclusive Communities in New Zealand. Dunedin: Otago University Press (forthcoming).

19.

Dupuis, A. , Dixon, J. , Lysnar, P. and Mouat, C. (2002) Bodies corporate and housing intensification in Auckland: a preliminary assessment. Report for the Auckland Regional Council, Auckland City Council, North Shore City Council, Rodney District Council and Waitakere City Council. Massey University and the University of Auckland.

20.

Foucault, M. (1980) Power/Knowledge. Brighton: Harvester Press.

21.

Glaister Ennor and Auckland Regional Council ( 2003) Unit Titles Act 1972: The case for review. Discussion document, Regional Growth Forum, Auckland Regional Council.

22.

Goodrich, P. (1987) Legal Discourse: Studies in Linguistics, Rhetoric and Legal Analysis. London: Macmillan .

23.

Honore, A.M. (1987) Making Law Bind: Essays Legal and Philosophical . London: Clarendon Press.

24.

Kirkpatrick, D. (1996) Property rights: do you have any? An occasional paper presented to the Resource Management Law Association Conference, Auckland, October.

25.

LAw COMMISSION (1999) Report 59: Shared ownership of land. Wellington, NZ: Law Commission.

26.

Macpherson, C. B. (Ed.) (1978) Property: Mainstream and Critical Positions. Oxford: Blackwell.

27.

McKenzie, E. (1994) Privatopia: Homeowner Associations and the Rise of Residential Private Government. New Haven, CT: Yale University Press.

28.

Nelken, D. (1983) The Limits of the Legal Process: A Study of Landlords, Law and Crime. London: Academic Press.

29.

Yip, N.M. and Forrest, R. (2002) Property owning democracies? Home owner corporations in Hong Kong, Housing Studies, 17(5), pp. 703-720.