Study On The Using Of Differentiated Building Ownerships In Residential Property Management

The increasing urban population caused by social and economic development,shortage of land resources, as well as the more complicated and much closerrelationship among social members, promote the irreversible change of living patternin modern society, namely, social members, originally dispersed in individual houses,move into architectures with several homes sharing one architecture or severalarchitectures sharing one land. It is inevitable for social communities to share one land,one building and relevant facilities or other resources. Therefore, the original singleright attached to the same land, buildings and their appendages has to be segmentalizedinto multiple unit rights, and respectively enjoyed by several member entities. This isthe realistic basis of distinguished ownership of building and distinguished rights ofowners in residential region." Property law " recognized " Divisional Ownership of building ", and theprotection of rights of divisional ownership has been improved in some way. Howeverthere are still problems in judicial practices, owners are confused in front of "Divisional Ownership of Buildings” and there is crack between the legal frameworkdesign and people’s law sense, the distinguished rights has not been implemented asexpected. This article attempts to take the legal clause and legal protection of "residential condominium owners " as core and starting point, conduct inspection andmake a deep discussion and research from civil law perspective. Since the nineteeneighties, when Shenzhen established the first property Service Corporation, propertymanagement in China has gone through more than20years, but China’s propertymanagement has not formed the benign, perfect operation mechanism. In real life,property management relationship is in a mass, property service corporation can noteconomically and effectively achieve the purpose of property management, as a result, property management disputes emerge in an endless stream. Therefore, this paperanalyzes the law theory of property management,"the condominium ownership ofowners ", as well as the disadvantages in the existing property management, aiming toexplore the digestion of contradictions between owner ownership and exercise ofproperty management services, and to provide the safeguard of law for creating ahealthy, harmonious, healthy living environment.This paper is divided into five chapters, and contents are summarized as follows：Chapter One Divisional ownership of buildings in general. This chapterdiscusses the theory and history of distinction ownership of the buildings, the conceptselection and legislative mode of distinction between ownership of the building, andtheories and legislation of condominium ownership in our country, specifying thenature and types of divisional ownership, and clarifying condominium ownershipsystem produced by general theory.Chapter Two The Content of divisional rights of ownership in residentialquarters. First defines related concepts as "residential area "," owner "," constructionplanning and public service facilities” such as ", and then discusses the three consistingparts of " condominium ownership " which are the exclusive right, co-ownership andrights of membership. The co-ownership part is comprised by rights of share holdingand co-ownership of residential place, expanding the law-adjusting area of legalrelationships in residential region as well as range of subject and object of divisionalownership, which is more conducive to construct a modern residential ownershipmechanism of comprehensive system and rational form.Chapter Three Property management. Property management legislation arose innineteenth Century, and in twentieth Century achieved significant development. Themain reason of Legislation development was the housing crisis caused by the twoWorld War and the subsequent reconstruction of buildings, new construction and legalidea development of divisional ownership.." People’s Republic of China Property Law" passed on March16,2007established the division of ownership of buildings; onSeptember1,2003the State Council promulgated the " property management regulations ", which achieved a unified legislation for protection of owners rights inproperty management. At present there is no characteristic legislation mode of propertymanagement in our country, and there is also the need to refer to foreign legislationmode of property management.Chapter Four Conflicts between property management service and exercise ofcondominium ownership. The economic development and the social need make theappearance of Property Management Company inevitable, but sequently contradictionsbetween owners and Property Management Company on the property service flawfollow, which leads to the reflection on owners autonomy based on divisionalownership and the nature and characteristics of property services. This text analyzesthe characteristics and the causes of the conflict, enumerates three typical types ofconflicts which are early period of property services conflicts, property servicescompanies breaching contract obligation conflict, and the conflict by owners breachingthe obligation of contract, as well as analyzing the various causes of conflict, foreignstudy and reference, the present legislation of our country and Countermeasuressuggestion. Based on the discussion on division of rights and obligations relationshipbetween the two parties, analysis on legislation of property management disputes andjudicial status quo, the article raises reflection on such actual problems. The authorofferres constructive opinions on building conflict resolution mechanism, through themethod of deductive, inductive generalization in qualitative analysis research method,following the research logic of the paradigm of structure and function from micro tomacro and from individual to general.Chapter Five Suggestions on complementing system of distinguished ownershipof residential quarter owners. With the establishment of the division of ownership ofbuildings, then, legislation of distinguished buildings management has become theinevitable logic, which is also the proper response of law to social change. It is veryimportant to elevate the legislative level and effectiveness of property services, toestablish legislation mode of property services management and to confirm the nameof property services contract. In addition, it is also necessary to establish a property management supervision system, and to complement owner relief system, such as tocomplement the individual owner relief route by confirming owners’ rights to defendand implementing progressive burden of proof.