Research On The Problems Of The Operational Mechanism Of Owners' Committee

With the rapid development of real estate industry,"the autonomy of owners"became the basic form of owners to achieve their right of co-management. But how to achieve real and effective autonomy of owners is a difficult issue. Owners'committee as the executing agency of the owners'meeting, its importance is self-evident, it can be said, and the success of owners'autonomy depends largely on the effective operation of the owners'committee. One of the important prerequisite for the effective operation of the owners'committee is to build perfect operational mechanism. Because our exploration in the property management starts late, so the laws and regulations on property management are relatively crude, especially the regulations on the operation of the Commission is scattered, which also cause a certain degree of difference in practice. In response to these circumstances, this paper attempts to establish an effective operational mechanism of the owners'committee, so as to promote the stable operation of owners'committee and the protection of the owners'interest.Owners'committee is the implementing agency and daily management of the owner-managed group, determining its eligibility of litigant is beneficial to the realization of the owners'interest. But because it possesses no legitimate property, it can only be given the qualification of special civil subject. Because of the nature of implementing agency, as running system is founded, we should follow the principles of high efficient, overt, collective decision-making and prioritize owners'interests so as to enhance the consistency of its integral parts and improve the guidance of the content. In the main part of this paper, directed towards the practical problems in the specific course of its operation, according to the forming principles of setting goals, adjusting the content and stabilizing preservation, we sort and analyze the content on its emergence, renewal, decision-making and supervision mechanisms, so as to establish a unified and specific operational system, in line with the spirit of law, and promote actual improvement of autonomy. We explore an effective incentive mechanism and design reasonable salary payment system so as to solve owners'committee omission. At the same time, we also pay close attention to the issue of accountability of committee members, and explore its rationality and feasibility, hoping it is useful to solve the practical problems on owners'committee operation.