Study On Legal Issues Of Property Management In China

Property management is an extension of real estate development and it is also an integral part of urban community management in the modern society. Different from the traditional house management, property management was introduced from Hong Kong as a result of the fast development of real property market and the housing system reform in the 1980s in Chinese mainland. It originates from the pluralistic property rights and the assimilation of property interests.As a new industry, property management is still in its infancy China. With the development toward its maturity, many problems concerning legal system have arisen. Many causes have led to these problems. They are: 1. The related law system falls behind the development of property management industry. 2. Influenced by the traditional housing management system, the house owners have not developed a strong sense of property management. 3. Some property management agencies fail to provide satisfactory service due to the inefficient employees working for them. 4. The government supervision upon the practice of property management agencies is inefficient. 5. The property management committee is unable to play an important role in dealing with some related problems. Among those, the first is the most important cause.This article derives from the fact that the healthy development of property management industry, the guarantee of all parties' interests being guarded, and the settlement of related law issues, will have an important impact upon improvement of property owners' living standard and social stability. It attempts to seek an effective answer to those problems on the basis of the present legislature in China. This paper is an analysis of the existing problems concerning the law system and the causes. It puts forward some proposals to solve property management issues and to improve the legislature. The paper focuses its attention upon the legal matters of the commercially built housing management, and it is divided into four chapters:Chapter One offers the definitions of property, property management and therelated legal issue— the condominium ownership theory of buildings.Chapter Two is a summary of the present situation of property management in China and the related existing legal problems. They include: the self-governing society in property management, undefined legal relations, unclear ownership of the public area and facilities, compensation for the damage to the property owners, regulation of property management fund.In Chapter Three, based on the matters discussed in Chapter Two, this paper stresses the necessity and principle to strengthen the legislature process in China.With regards to the property management practice in China and the advanced regulation models in some foreign countries, Chapter Four proposes solutions to the existing problems. They are: redefine the legal functions of the self-governing management society, clarify the legal relationships among different parties, set different laws for different public areas and facilities and specify their ownership, set specific duties for the property management agencies in order to protect the rights of the property owners, establish scientific system for the property management fund to assure its safe operation.