The Legal Effect Of The Management Statute

The management statute of the condominium ownership community is the autonomy rules of condominium owner, whose nature is different from the contract far away. To some extent, the management statute is the clearly identity and consolidation to the condominium ownership of the community, and also the"constitution"to the management of it. The specific requirements are different in the effect entity and procedural requirements of the countries in the world. But the content can have legal effect, as long as it does not violate the mandatory provisions of laws, public order and good morals, and does not modify or exclude the nature of condominium ownership. It has corresponding legally binding to all the subjects including owner, Non-owners user involved housing successor and borrower, property services company and building developer, but the lessee. According to the theory of the establishment effectiveness, the management statute should become effective on the day that owners' convention pass the resolution. The temporary ones are effective when the house buyer commits to restrict to it in paper during the house selling. As the management statute has the nature of actionability, we should establish the corresponding judicial relief mechanism including the suit of invalid confirmation and revocation to it, which through the research on the theory and practice at home and broad. For the actions of breaching of the Statute, in particular, it led to the competing of contract and tort liability .We should follow the principle of protection of victims, to choose the most beneficial way of protecting their legal rights and interests.Therefore, it has great theoretical and practical significance in improving the legal system of the management statute, spreading the spirit of democracy in property law and ownership community by clearing the force of law of the management statute further. The writer tries to do research on the management statute's force of law in depth through the theoretical analysis of the effect conditions, effective range and liability of Statute's violation, and the expounding the appreciate sound advice. Meanwhile, we are also looking forward to provide the meager reference and support to establish and perfect the relevant Legal System in our country.