Research On The Management Organization Of Condominium Building

It has transformed the single mode of right subject that nation or collective owns the building into the legion mode of right subject that nation, collective and civilian own the building after the reform of our nation's housing system, the condominium building came into being and becomes booming. The existence of condominium building brings forth the management problem, under this situation , it is necessary that all the owners of condominium building constitute an management organization to manage the condominium building. Through defining and analysing the right foundation of the management organization of condominium building, the treatise brings forward that our nation should legislate and vest the qualification of the civil subject to the management organization of condominium building, then puts forward construct of the operation rule and the management structures of the management organization. The treatise is divided into three parts:Part One The concept and the right foundation of the management organization of condominium building â…° The management organization refers to an organization which is composed of all the owners of condominium building to manage,maintain and mend the condominium building, solve disputes and keep the common living order and interest among the owners of condominium building. Though other nations and regions all compulsorily stipulate that all the owners of condominium building should constitute an organization to manage the condominium building when they legislate the right of condominium, the name of the organization is different. Among these names, the name of the management organization called by Singapore is the most appropriate. The name of the management organization which is composed of all owners of condominium building both makes clear management aim to the condominium building and gives prominence to parenchyma and connotation of the organization attribute, and will not be misunderstood.â…± The right foundation of the management organization is the right of condominium. The right of condominium refers to the general right that when many owners hold a building or buildings: the right of appropriate which depends on the independent part in construct and use of the building, the right of common which depends on the common use of the building, the right of membership which depends on the common management,maintenance and mending of the building. There are three theories of the right of condominium in legal character: monism, dualism and triplism, and three kinds of right in contents: the right of appropriate, the right of common, the right of membership. The theory of the right of condominium solves the appropriate and common relationship to the condominium building, makes clear the legal character and parenchyma of the right of condominium, makes a great boon to the maintenance of the right of appropriate and common. The right of condominium offers the right foundation of the management organization of condominium building.Part Two The qualification of the civil subject of the management organization of condominium buildingâ…° Although other nations and regions compulsorily stipulate the management organization of condominium building when they legislate the condominium, the legal character of the management organization is different because of the different social background ,economy and culture. There are four classic legislative modes of the management organization in other nations and regions: the legal personality modes of which France and our nation Hongkong are the classic representative, this mode admits that the management organization has the capacity of civil right and the capacity of civil conduct, and can be charged with civil liability; the non-legal personality modes of which German and our nation Taiwan are the classic representative, this mode doesn't admit the management organization has the capacity of civil right and the capacity of civil conduct, and can't be charged with civil liability; the compromised mode of which Japan is th...