Common Property Management Research Articles

Combining private and common property management: The impact of a hybrid ownership structure on grassland conservation

This study finds that a hybrid property structure, where private ownership and communal ownership coexist, outperforms pure private or pure public ownership in terms of grassland conservation after a grassland tenure reform in China. The tenure reform of privatization replaced public ownership gradually and led to a significant 5.4% increase in grassland quality on average. The grassland quality increase is twice as large for private grassland with additional access to public grassland compared to those without such access. Interestingly, public grassland quality did not decline, indicating sustainable utilization by herders. These findings are consistent with the literature which suggests that a properly structured hybrid ownership arrangement could benefit from the positive effects of grassland privatization while mitigating the negative impacts of natural disasters. We further provide empirical support and show that the gains from public grassland access are substantially larger when there are adverse climatic shocks. Our study provides important policy implications for property rights and sustainable grassland management under more frequent climate events.

Виды управления общим имуществом (правовые аспекты)

This article examines the legal aspects of existing types of common property management. The legal structures of common property management and their characteristics are analyzed. Criteria for managing common property are identified: by subject composition (owners, real estate owners' associations, cooperatives, management organizations and others); relation to common property (owners and third parties); objects of common property (real and movable things), etc. In conclusion, approaches are proposed, the use of which can serve the development of judicial practice.

Investigating climate adaptation in semi-arid pastoral social-ecological system: A case in Hulun Buir, China

Covering 15% of the Earth's land surface and home to 14% of the global population, semi-arid pastoral regions are characterized by high climatic variability and ecological vulnerability. Inner Mongolia, especially, is one of the regions that are most affected by climate change. In this study, we develop an integrated GIS and agent-based model of semi-arid pastoral social-ecological system (SAPSES) to simulate system responses to various policy and climate situations, using the traditional pastoral areas in Inner Mongolia, China, as a demonstration. Three herdsmen's adaptation strategy experiments and three adaptation policy experiments are designed, each of which is stress-tested under three climate scenarios SSP1-2.6, SSP2-4.5 and SSP3-7.0 to simulate the policy-climate interactive effects on SAPSES. The results show that, under SSP1-2.6 scenario, it is more conducive to sustainable livelihood of pastoral households, improving economic benefits and reducing ecological risks. While under SSP2-4.5 and SSP3-7.0 scenarios, purchasing forage is not an effective way for herdsmen to adapt to climate disasters, which causes grassland degradation, increase ecological risk and reduce economic benefits of SAPSES. For assessing the adaptation policies, herdsman suffers the severest ecological loss and the highest bankruptcy rate under policy experiment a. Privatization, undergoes the medium ecological loss and medium bankruptcy rate under policy experiment b. Privatization with carrying capacity control and subsidy, and experiences the smallest loss and the lowest bankruptcy rate under policy experiment c. Common property management with carrying capacity control and subsidy. The results help inform more robust policy for building climate resilience in semi-arid grassland regions.

3D real property in vertical mixed-use developments. A comparative analysis of common property and management aspects in selected jurisdictions – The case of British Columbia, Denmark and Sweden

Jurisdictions around the world are experiencing an increasing demand for formation of three-dimensional (3D) real property units, especially in the presence of vertical mixed-use developments. Since traditional real property formation is only in two dimensions (2D), jurisdictions are on different steps (levels) of transforming 2D real property legislation into 3D real property legislation. The objective of this article is to analyse and compare law and practice in jurisdictions that are on different steps of developing 3D real property legislation, but otherwise comparable in terms of societal development status. The predominant focus in academic literature is on formation of private 3D property rights. This paper has a somewhat different approach, focussing on formation and management of common property. The formation of common property is usually unavoidable in a vertical mixed-use development, e.g. due to a high degree of interdependence between layered and intertwined 3D property units. Legal aspects regarding common property formation and management have not been rigorously compared internationally. This article presents a comparative study including British Columbia (Canada), Denmark and Sweden. Each jurisdiction represents a unique step on the 3D transformation staircase where legal aspects regarding common property and management in each jurisdiction is analysed and presented. The results of the study can be beneficial for researchers and legislators as a tool to analyse 3D real property legislation.

Standard of workmanship, crime rate and condition of lift systems influence collective action in low-cost housing

PurposeUnder Malaysian Law, the maintenance and management of common property have traditionally been viewed as insoluble challenges in the self-organisational efforts for high-rise low-cost housing developments. As the population increases, more shared resources become heavily exploited with few willing to contribute towards the sustainability of resources. Many researchers argued a better way would be to convert these shared resources into a private or state-managed entity. Hence, with that assumption, this paper aims to examine how better physical characteristics can result in greater collective action.Design/methodology/approachThis research paper adopted a quantitative method approach to determine how the standard of physical characteristics influenced the quality of collective action in high-rise low-cost housing. The method included a questionnaire survey of 519 parcel holders chosen via stratified purposeful random sampling from four high-rise low-cost housing areas.FindingsThe paper found a positive correlation between the quality of physical characteristics and the collective action gained. The findings highlighted that the standard of workmanship of high-rise low-cost units (including the common properties), the crime rate in the neighbourhood and the condition of lift systems – when improved – were significant positive predictors of collective action.Practical implicationsHousing developers should pay attention to the quality of both low-cost units and related common properties, as this endeavour will assist greatly in future collective action management.Originality/valueThe study was justified in terms of its originality as few research studies adopted the social-ecological system framework that focused on the correlation between the quality of physical characteristics and the collective action of parcel holders.

Can Immigration Explain Why Ethnic Diversity is Negatively Associated with Common Property Management?

A persistent question for social scientists is the extent to which societal levels of ethnic diversity, and rates of immigration, make collective action difficult to achieve (or maintain). Here I examine whether immigration can explain why ethnic diversity is negatively associated with collective action. The focus is on two aspects of collective action for common property management (that is, voluntary contributions to toilet construction and voluntary compliance with forestry regulations) among Ugandan communities whose levels of ethnic diversity and rates of immigration vary. Preliminary evidence suggests that communities with lower rates of immigration are more supportive of common property management, irrespective of their levels of ethnic diversity. By implication, socio-political impediments to collective action may have less to do with the stock of demographic diversity than the flow rate of demographic change.

Management of public-private housing condominiums: the case of municipalities in the Warmia and Mazury province in Poland

Privatization of municipal housing in Poland has led to the emergence of public-private housing condominiums. The aim of the study was to investigate the ownership structures of common property management entities in such condominiums in Poland. The intended investigation was conducted on the sample of the 30 largest urban municipalities located in the Warmia and Mazury province. The empirical data was collected by questionnaire interviews using the public information access technique. The aim of the study was achieved through hierarchical cluster analysis using the agglomerative method. The results showed that the structures of common property management entities in studied housing condominiums varied in nature. In most municipalities surveyed, these structures were dominated by municipal entities. However, there is a growing group of municipalities where the surveyed structures have been dominated by private property managers. The in-house management model proved to be not very popular in the surveyed sample of municipalities.

Improving the mechanisms for effective management of common property in an apartment building (on the example of a house on Sh. Usmanov St., Kazan)

Improving the mechanisms for effective management of common property in an apartment building (on the example of a house on Sh. Usmanov St., Kazan)

Factors influencing collective action of gated communities: a systematic review using an SES framework

PurposeWithin a gated community, management of common property presents great challenges. Therefore, the diagnostic social ecological system (SES) framework proposed by Elinor Ostrom providing a holistic understanding of complex collective action problems in terms of management of commons is used to investigate key institutional-social-ecological factors influencing collective action in the context of gated communities.Design/methodology/approachIn this paper, Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) was used to systematically screen and review the relevant literature from 2000 to 2022, where 28 papers were selected for further analysis.FindingsThe study systematically identifies and categorises a series of variables related to self-organizing management in the gated community, and consequently a SES-based gated community management framework is developed. Based on the conceptual framework, the paper discusses logical interrelationships of institutional-social-ecological factors and their impacts on collective action performance of gated communities.Research limitations/implicationsApart from requiring empirical validation, the conceptual SES-based gated community management framework is certainly subject to continuous improvement in terms of refinement and addition of other potential determinants of gated community collective action.Originality/valueNot only the review paper provides updates on the latest gated-community collective action research, it also contributes theoretically by conceptualizing the SES framework and its institutional–social–ecological design principles in gated community management. Studying these factors should also be of practical significance because the findings ultimately offer policy insights and management strategies that help policy-makers, property developers and local communities to govern such neighbourhood common resources efficiently and sustainably.

About the management of common property in an apartment building in the conditions of sharing relations

The article deals with the issues of improving the management of common property in an apartment building in the conditions of sharing relations, both owners and tenants of premises and the need for digital transformation of the housing and communal services of Russia with the reflection, in accordance with Russian legislation, of all management information in the state information system.

The Public Trust in Data

Personal data is no longer just personal. Social networks and pervasive environmental surveillance via cellphones and the ‘internet of things’ extract minute-by-minute details of our behavior and cognition. This information accumulates into a valuable asset. It then circulates among data brokers, targeted advertisers, political campaigns, and even foreign states as fuel for predictive interventions. Rich gains flow to firms well positioned to leverage these new information aggregates. The privacy losses, economic exploitation, structural inequalities, and democratic backsliding produced by personal data economies, however, fall upon society at large. This Article proposes a novel regulatory intervention to mitigate the harms from transforming personal data into an asset. States and municipalities should create “public trusts” as governance vehicles for their residents’ locational and personal data. An asset in “public trust” is owed and managed by the state. The state can permit its use, and even allow limited alienation, if doing so benefits a broad public rather than a handful of firms. Unique among the legal interventions proposed for new data economies, a public trust for data allows a democratic polity to durably commit to public-regarding management of its informational resources, coupled to judicially enforceable limits on private exploitation and public allocation decisions. The public trust itself is a common-law doctrine of ancient roots revived in the Progressive Era as an instrument to protect public assets against private exploitation. Both federal and state courts, including the U.S. Supreme Court, have since endorsed a variety of doctrinal formulations. The result today is a rich repertoire of rules and remedies for the management of common property. Personal data, usefully, has many similarities to assets long managed by public trust. And familiar justifications for creation of a public trust logically extend to personal data. Indeed, municipalities in the United States, Europe, and Canada have started to experiment with limited forms of a public trust in data. Generalizing from those experiences, this Article offers a more general ‘proof of concept’ for how personal data economies can be leashed through the public trust.

Allocation of research resources for commercially valuable invasions: Norway's red king crab fishery

This paper models the optimal allocation of research resources aimed at understanding the consequences of a marine invasion. The model assumes returns to research are uncertain. Furthermore there are joint returns to research ahead of the invasion frontier and within the already invaded area. Research ahead of the frontier helps define external damages by establishing the baseline ecosystem services and values; research in the invaded area determines restoration needs and costs associated with controlling the invaded area's population. Additionally, research in the invaded area may improve management of any commercial aspect of the invading species, which may warrant accommodation. In such a case, simple application of the precautionary approach to the invasion has direct quantifiable costs in foregone commercial benefits. Benefits of research thus may accrue either from improved information regarding the potential or actual damages of the invasion, or from improved information for solving the common property management challenges of a commercial species. In the latter case, improved management heightens expectations of foregone benefits ahead of the frontier. We use the Red King Crab (Paralithodes camtschaticus) invasion in Norway as a case study. The crab is a valuable global commodity whose invasive presence in the Barents Sea is impacting the benthos. Harvesting or controlling the crab reduces these impacts, but the net benefits of doing so are uncertain and require both baseline research and restoration research to ascertain. We distinguish the research for Red King Crab in different types based on the potential to reveal marginal external benefits from commercial harvesting. We illustrate how misallocation of research resources can be reduced when the uncertainties create incentives that promote research into tangible commercial benefits over less certain ecosystem benefits. Our analysis suggests that there is currently greater marginal benefit from directing more research resources toward baseline research at the frontier of the invasion instead of making additional investments in research that focuses on the commercial potential of the invasive yet valuable crab.

Public Regulation Evolution of Local Public Goods in the Housing Economy (on the Example of the Major Renovation of Apartment Buildings in Russia)

Residents of an apartment building become participants in situations of local public goods associated with the maintenance and use of common property, including major renovation of common property in the house. The solution of the social dilemmas arising in this case is possible both through the intervention of a third party – the state, and through the self-organization of the participants. The article attempts to trace the evolution of government intervention in the production of local public goods in the housing economy in Russia and to identify the prospects for the further development of government regulation in the field of major renovation of apartment buildings. The empirical basis of the study is the regulatory legal acts of the Russian Federation that regulate the management of common property in the housing sector since the 1990s. so far, forecasting and analytical documents of the federal and regional level, the activities of state institutions in this area. It was revealed that the declared guidelines of the state housing policy for the development of self-organization of homeowners in apartment buildings did not receive the necessary incentives for real implementation at different time stages. The modern highly centralized system of organizing major renovation of apartment buildings in Russia turned out to be its logical consequence, generating significant financial and material flows of private resources under the direct control and management of the state through a system of regional major renovation funds.

Participatory Analysis of Small-Scale Artisanal Gold Mining in the Santa Rita District, Municipality of Andes, Antioquia, Based on the PAIIO Methodology

Small-scale artisanal mining, MAPE (for its initials in Spanish), presents significant challenges and opportunities that must be analyzed systemically. To carry out the analysis, this paper proposes the PAIIO methodology (Participation, Actors, Impact, Idealized design, Opportunities), based on the Russell Ackoff Interactive Planning methodology. This proposed methodology propounds four steps to address environmental and common property management issues, where local communities must be the key player in decision-making, participating from the design of the solution in its implementation and monitoring. The PAIIO methodology was applied in the MAPE study in the Santa Rita village, Municipality of Andes. As a first step, for the development of the methodology in the case study, key actors in the community were identified, such as “barequeros” (gold miners) and scrap dealers, workers in the pitheads, workers of the “entables” (ranches); from their perceptions, impacts of the MAPE were identified; subsequently, together with them, the idealized design of the situation, the gaps between this design and the real situation were depicted; and finally, proposals and improvement opportunities were described to close the gaps between these scenarios. The community’s proposals go beyond good practices in mining, involving proposals related to their organization and investment in the territory.

Animal mobility, human mobility: A geopolitical of sheep in Armenia

The ethnographic mission to Armenia carried out by the NHASA International Associated Laboratory (LIA France-Armenia) was established to observe the pastoral practices of Yezidi and Armenian herders in a territory affected by the 1988 earthquake, the collapse of the USSR and the period of independence, and the Nagorno-Karabakh conflict. The political and geographical stakes prevailing in this country at the beginning of the 21st century describe a drunkenness of statehood, a culture of mobility, the persistence of the family plot among Armenian villagers, inherited from the Soviet Union, and finally, a geographical situation of double enclavement characterized by the absence of a coastline, and 80% of the border line blocked by its Turkish-speaking neighbours. In this context, we wanted to study the mobility practices of herds and men in their seasonal movements in search of grass or in the systems of guarding, but also those related to commercial routes, from collection to import and export movements.The results show several strong points. First, In the midst of the global crisis of pastoral communities and pastoralism, Armenia offers an exception: rich high pastures that are not exploited due to historical events and cultural and geopolitical circumstances. The possibility of expanding its pastoral domain in a context where it is shrinking everywhere else is one of the strong points of our survey. While sedentarization is becoming the norm in many pastoralist communities, Armenia offers an example of herders taking the road backwards, moving towards semi-nomadism.There are two types of pastoralism in Armenia: “nearby” and “remove”, which could be described as “patriotic”. They both respond to a territorial injunction (the protection of the integrity of the national territory) and have as their underlying aim the fixation of the population of the Armenian state in the countryside, in marginal zones and in territories occupied before the crisis of Nagorno-Karabakh by Azeris.Large mobile pastoralism, called “remove”, could be described as “opportunism”. This pastoralism is favoured by a culture of mobility, a geographical promiscuity but also by the expansion and challenges of the meat market in the Middle East and the GCC (including the Iran-Saudi Arabia rivalry), the status quo maintained by Russia on the Nagorno-Karabakh conflict, and at least by the climate crisis. It offers the example of informal transnational transhumance, but also of possible future relocated transhumance. This pastoralism is affected by the workings of globalisation (professional mobility and transnational multilateral issues), but also by fundamental movements. Intensive livestock farming, the marketing of live animals and the health risks associated with their transport and slaughter are increasingly criticized throughout the world. The continuation of extensive livestock farming, the construction of standard slaughterhouses and the development of the chilled meat market are preparing Armenia for this paradigm shift.The “nearby” village pastoralism with its system of collective guarding, probably inherited from the plot system during collectivism, offers a good example of management of common property. It is a form of social resilience in the face of economic, emotional and psychological shocks due to the multiple crises of today's world. It is also a strong reminder of the centuries-old pluriactivity of the people of mountains and their tendency to have a double life. Multi-activity becomes a response as much as an injunction to ensure both the means of subsistence, but also a network that constitutes in this context a purse of opportunity.

Does Immigration Explain Why Ethnic Diversity Is Negatively Associated With Collective Action?

A persistent question in the political economy literature is the extent to which societal levels of ethnic diversity, and rates of immigration, make collective action difficult to achieve (or maintain). Here I examine whether immigration can sometimes explain why ethnic diversity is negatively associated with collective action. This question is studied in the context of common property management in rural Uganda; with a focus on voluntary contributions to toilet construction and voluntary compliance with rules for managing forest reserves among communities whose levels of ethnic diversity and rates of immigration vary. I find that communities with lower rates of immigration are more supportive of common property management, irrespective of their levels of ethnic diversity. By implication, the socio-political impediments to collective action have less to do with the stock of demographic diversity than the flow rate of demographic change.

Problems of Common Property Management in the Housing Sector

The main specifics of the implementation of the right of common property today is determined by the collective nature of the creation and sale of property, and not by the feature of the property subject (divisibility or indivisibility of property). Accordingly, in order to implement the collective feature of common property, people shall unite, creating self-government organizations. There are judgments about the organization, which are often identified with the term "system", in the educational and scientific literature. Such an establishment of the system concept is more general than the term of organization. The ideas about the organizations created by people to manage common property are the most complex. Self-government is the main type of activity that allows for the fair distribution of the good and the burden of common property among participants in common property. It is this process that shall be designed and implemented as self-government, so that all conditions are sufficient for the collective to achieve common property and satisfy personal needs of each of them using common power. As a result, it is necessary to create a self-government organization to implement common property. The emergence (creation) of such an organization is the first necessary condition for the implementation of common property. If an organization is not created from among all participants in the common property, then the common property cannot be implemented. Thus, in this article, model representations of the simplest self-government organization will be introduced, which are necessary to solve the problems of decision-making and the implementation of common property.

English

English

An Evaluation of Crown Forest Management in Ontario from a Free Market Environmentalist Approach

This paper analyzes the forestry and logging industry in Crown forests in Ontario. We present historical trends on harvested areas, employment, revenue collected by the province, biophysical impacts, and revenue from the industry. We discuss the institutional context of Crown forest management in Ontario which includes a description of the Ministry of Natural Resources and Forestry (MNRF) and NGOs such as the Sustainable Forestry Initiative and the Forest Stewardship Council. We conclude that the current management of Crown forests in Ontario is not achieving maximum potential, as we found that there is a decline in employment and revenue from the industry. We recommend a Free Market Environmentalist (FME) approach to Crown forest management in Ontario. This approach involves common property management and the establishment of Forest Trusts. Current management does not take into account externalities that FME would, which could enhance potential in order to achieve maximum employment and revenue. There is a lack of biophysical data being collected to document the impact on key wildlife species and there is a lack of transparency regarding the management of crown forests by the MNRF. The Haliburton forest was used as case study which emulates an example of a FME approach.

Improving the management of common property in multi-owned residential buildings: lessons from Auckland, New Zealand

This article emerges from debates about the effects of urban consolidation and the need to meet the challenges faced by building owners’ associations in their bid to manage common property in multi-owned residential buildings. It reports an Auckland, New Zealand case study of body corporate management companies, the intermediaries whose role it is to give administrative support to these building owners’ associations. We draw from four international research literatures to structure our interpretation of these companies and current calls for their reform. These include writing on: building owners’ associations and urban consolidation; financial and service intermediation; customer relationships, service quality and customer satisfaction; and the social geography of house and home; including allied recent work on housing financialisation. We conclude by pointing to the usefulness of adopting a widened theoretical perspective on the conduct and regulation of body corporate management companies in New Zealand and their equivalents in other jurisdictions.