Study On The Owner's Rights And Its Legal Rotection In The Property Management

The owner should only be the one who owns the proprietary right of the residential property, that includes the units or person that has registered for the commercial residential building and resided in the house. The developer whose houses are not sold, the owner of house's lien and the renters can't not be the owner. Based on the construction division ownership theory and theory of two right separated, the owner should have the right of substance and corresponding right of claim, such as the patent right, the right of common and the right of membership. but caused by the difficulty to distinguish the special part of construction clearly and the uncertain legal status of owner convention and owner committee, such kind of system factors, from the owner side, they cannot express their opinion easily, the way to ask for legal aid is not enough, the cost to protect rights is too high and the procedure incompleteness of raise proof. From the property company side, the duty of Property Company is not clear, the supervisor is not normative and the Bid System needs improvement. Moreover, the power and responsibility of administrative director is not well defined, and the supervision doesn't work smoothly. In practice, it is common that the developer postpones making the property ownership certificates, raises up the shared area, set up a capital trap, and makes false promise and announcement. All above is the tort action of developer, Property Company and other owner to owner. So, firstly we should build up the standard to confirm the special part of construction and the legal status of owner convention and owner committee, especially about ownership of the parking space and public greenbelt. Secondly we should build up a serious access mechanism to strengthen Property Company's duty and set up the standard of property management cover charge to regulate the operation of Property Company. Lastly we should improve the way to save owner's right when infringed and assure the owner to be the"real owner"by changing the function of government, strengthening the supervision, building up the complaint mechanism, defining the aid procedure and burden of proof system, improving the use of maintenance fund and taking in the social transfer system.