Access Anxiety
The advent of the “access economy” and other social and economic forces have led to strong market interest in diverse residential living structures. In the residential living arrangement known as “coliving,” companies, operating as either property owners or managers, offer hybrid, private, or communal living space in multi-unit dwellings to private individuals in exchange for payment at below market consideration. Typically, the individuals contracting with coliving companies acquire a very small, private bedroom, but share with others a living room and other communal spaces. One aspect of coliving that makes it qualitatively different from previous iterations of urban group living is that coliving companies actively and openly market that they will curate a uniquely communal living environment. Coliving companies self-consciously aim to facilitate community norms and group cohesion, all with the ultimate goal of creating what the companies themselves call a “community experience.” Coliving is both similar to and different from other transactions that are commonly associated with the seemingly ubiquitous “sharing economy.” Coliving is an important emerging trend in residential living design and, as it continues to grow in prominence, will inevitably challenge well-established legal concepts and doctrines. This Article explores the evolving intersection between coliving and select aspects of property and contract law. Although other commentators have written about the legal and policy challenges posed by similar economic innovations, this Article is novel to the extent that it offers a detailed and refined account of prevailing coliving models, situates the models in a precise legal and conceptual framework, and analyzes key policy implications.