Dissolving Condominium, Private Takings, and the Nature of Property
Bibliographic record
Abstract
Condominium enables the subdivision of buildings into multiple private titles. It does so by combining individual titles with an undivided share of common property, a right to participate in governing the property, and an obligation to contribute to its maintenance. The dissolution of condominium breaks apart this package of rights and responsibilities, and results in the termination of the individual titles. Some common law jurisdictions require the unanimous consent of title holders to dissolve condominium, others permit it with a supermajority vote. All jurisdictions allow for non-consensual dissolution, and thus the termination of titles without consent, with a court order. This paper reviews dissolution rules and reform efforts in several common law jurisdictions and then uses the condominium legislation and case law from British Columbia to argue that non-consensual dissolution of condominium, whether by supermajority vote or court order, should be understood as private takings. However, the purpose of this characterization is not to advocate for a unanimity or a supermajority rule. Instead, this paper uses the takings literature to reveal that the legislative choice between dissolution rules, and the judicial choice between ordering or declining to order the dissolution of condominium, is also a choice between different conceptions of property and of what property is for. Finally, the paper argues that the growing prevalence of condominium as a form of ownership, and its capacity to reflect broader tensions in ownership regimes between individual and community, suggest that the nature of property within condominium is increasingly important in constructing the nature of property in land.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.007 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.008 | 0.040 |
| Scholarly communication | 0.010 | 0.007 |
| Open science | 0.002 | 0.004 |
| Research integrity | 0.002 | 0.004 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".