The Legal Status Of Proprietors' Committee In Residential Realty Management

In recent years, realty services disputes have been showing a rising trend. Proprietors'committee is often involved. However, the legal status of proprietors' committee has not been solved from the view of the current China's legislative framework. Real right law, realty management regulation and the two judicial interpretations which are issued in 2009 take vague attitudes to the legal status of proprietors'committee. It has led to a lot of trouble. Judicial practitioners and theorists also do not have unified standard and point on the legal status of proprietors' committee. Therefore, it is very essential that we need to study the legal status of proprietors'committee deeply and to perfect its legal status and liability.In this paper, the specific cases related to proprietors' committee are applied as the starting point. And the knowledge related to proprietors' committee are analyzed specifically. This knowledge includes proprietor, proprietors' qualifications, user of real properties, proprietors'representative, voting right of proprietor and realty services enterprise. The problems in this knowledge mentioned in the preceding text are analyzed thoroughly. The legal status of proprietors' committee is discussed on the basis of the existing legislation framework and the overseas legislative model. The present situation of general meeting of proprietors and proprietors' committee and the existing researches of the legal status of proprietors' committee between theoretical practice and judicial practice are also introduced. Qualifications of civil subject and qualifications of subject of action are applied as the launching path. At last, I think that we should recognize proprietors'committee is a unincorporated organization. Its legal status and liability are made clear from the internal angle and the external angle.