Negotiating Community Title: Residents' Lived Experiences of Private Governance Arrangements in a Master Planned Estate

摘要

Residents of private residential estates must negotiate the complex of expectations, rights and responsibilities that comes with the community title legislation that defines the management and structure of these neighbourhoods. Of particular importance is the way in which the governance structure of these estates simultaneously supports and threatens their social and financial viability. Drawing on the findings of research conducted in a privately governed master planned residential estate in Sydney, Australia, this article considers the residents' lived experience of the community title scheme. It argues that a perceived lack of transparency in the contractual arrangements which residents enter into when they purchase a property within a private estate directly frames a set of expectations that are at odds with their legislative responsibilities. Also evident is the existence of tensions between the demands placed on residents by the structure of private governance that manages and polices the estate and those of the local government that manages the area within which the estate is located. The article concludes that there is a need for policy attention to be given to the development and management of private residential estates in Australia.%私人产权房地产的住户必须应对与社区产权法相关的一系列问题，如 期望、权利和责任。这一切决定着小区的管理和结构。其中最重要的是这些房地 产的治理结构如何与其社会经济活力相适应或相抵牾。本文以澳大利亚悉尼某私 人治理的统一规划小区为例，探讨居民与社区产权方案的交锋。作者指出，居民 购买房地产时，合同缺乏透明度。这直接导致居民产生一些与其法定责任不相应 的期望。此外，私人治理对房地产进行管理、制定规则，而他们对住户的要求与 房地产所在地的地方政府的政策，也存在明显冲突。本文认为澳大利亚私人房地 产的发展和管理值得引起政策关注。