The Elephant in the Room
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Episode 408: Prof. Cathy Sherry: The Great Apartment Con & How Old Strata Laws Disempower Owners

When strata title laws were first introduced more than half a century ago, they offered a smart solution for shared urban living. But today, those same strata laws are showing their age — creating complex strata schemes, rising strata levies, and mounting strata fees that many Australians struggle to afford.

In this episode, Prof. Cathy Sherry from Macquarie Law School unpacks the problems with strata title ownership and why strata law reform is urgently needed. A leading expert on strata title law reform and high-density development, she explains how outdated frameworks can no longer support modern housing demands — from affordability and sustainability to fair governance.

Cathy explores why buying off the plan can be one of the riskiest moves in property, revealing the hidden risks of buying off the plan property buried in lengthy contracts and strata management statements. She also discusses the difference between strata and stratum, and how confusion around these systems affects owners and investors alike.

From sustainable apartment living to strata and sustainability, Cathy argues that reform is essential — not only to update how we share land, but to ensure collective ownership supports, rather than undermines, Australia’s housing future.

Listen now to understand why fixing strata isn’t just about policy — it’s about fairness, transparency, and the future of how Australians live together.

Episode Highlights:

00:00 – Introduction

01:16 — Meet Prof. Cathy Sherry: Australia’s Leading Expert on Strata Law

01:50 — How Shared Living Became Complex: The Challenge of Strata Ownership

03:15 — Strata Levies, Legal Layers, and Why Collective Ownership Is Tricky

06:37 — The Hidden Dangers of Buying Off-the-Plan Apartments in Australia

11:09 — Embedded Networks Explained: The Hidden Costs of Strata Energy Deals

20:18 — Can the Law Catch Up? Why Strata Reform Is Urgent for Modern Cities

26:00 — Stratum Lots and Mixed-Use Buildings: Understanding Shared Land Titles

26:48 — What Strata Management Statements Mean for Building Governance

27:32 — Why Prof. Cathy Sherry Advocates for Fairer and Smarter Housing Laws

28:54 — High-Density Housing Challenges: When Bigger Doesn’t Mean Better

30:11 — Why Home Ownership Still Matters for Stability and Social Equality

31:51 — Where Strata Schemes Fail: Issues With Governance and Accountability

35:23 — How Investor Incentives Have Shaped Australia’s Housing Market

43:27 — Smart Green Cities: Connecting Strata Reform to Sustainability Goals

44:42 — Property Dumbo: A Real-World Example of Strata Mismanagement

46:20 — Final Reflections and Where to Learn More From Prof. Cathy Sherry

Links

About our Guest:

Cathy Sherry is a Professor in Macquarie Law School and Executive Member of Smart Green Cities. She is a leading international expert in land law, with a particular focus on high density development. Her book Strata Title Property Rights: Private governance of multi-owned properties (Routledge, 2017) is the first academic monograph on Australian strata title. It has been cited by the Privy Council and the New South Wales Court of Appeal. Professor Sherry's research focuses on the complex legal, economic and social relationships created by collectively owned land. 

Professor Sherry regularly advises governments, domestically and internationally, on the laws governing multi-owned properties. She was a member of the United Kingdom Law Commission Technical Committee for the Reform of Commonhold from 2018-2020, and was engaged by the International Finance Corporation (World Bank Group) to reform the Fijian Unit Titles Act 1985 in 2021. She has advised governments in Asia, the Pacific and Middle East. In 2012, Professor Sherry was employed by the Administration of Norfolk Island to write a White Paper on the introduction of strata title to the Island, leading to the Community Title Act 2015 (NI).

Connect with Cathy

Resources:

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Chris Bates