ANNUAL CONGRESS 2025

Condominium housing law as a challenge to urban regeneration: Comparative analysis of three higher-practice jurisdictions – Israel, Turkey and British Columbia

Not scheduled

20m

Yildiz Technical University, Istanbul

Oral Track 02 | PLANNING AND LAW

Speakers

Nuriel OrProf. Rachelle Alterman

Description

Renewal of housing in condominium tenure presents unique challenges in urban regeneration due to complex decision-making requirements among co-owners. Condominium housing is prevalent in many countries. Extensive research exists on urban renewal in owner-occupied and rental housing, but condominium housing is grossly under-studied. Thus, the constraint to regeneration inherent in most condominium legislation has not been studied. The impediment is the usual rule that unanimous agreement is required for the sale, demolition and reconstruction or other major intervention actions for regeneration. However, recent legislative amendments in several countries have adopted a less than unanimous rule. There is a variety of numeric and substantive rules. However, only a few among these countries are already applying the new rules in practice.
This study examines the three jurisdictions in Western countries where condominium renewal with a special majority already presents a significant practice record: Israel, Turkey and BC in Canada.
Israel demonstrates more comprehensive and detailed legislation compared to Turkey, including more comprehensive legal safeguards for dissenting minority owners. However, both countries share notable similarities in their condominium renewal processes. A key commonality is the return of unit owners to their renewed buildings post-reconstruction. This stands in contrast to British Columbia's approach, where owners typically sell their units and relocate elsewhere. Furthermore, both Israel and Turkey share earthquake resilience as a primary declared objective for urban renewal, though Israel's framework encompasses additional policy goals.
Using both legal analysis and empirical research methods, we evaluate how these jurisdictions balance property rights with urban renewal needs. Our findings aim to inform other jurisdictions across the globe that are faced with the need to develop urban regeneration policies and legislation for condominium housing.