Research On Legal Issues Of Condominium Owners' Association

With the development of socialistic market economy in mainland and the deepening of innovation of housing system, it has transformed the single mode of right subject that nation or collective owns the building into the legion mode of right subject that nation, collective and civilian own the building. The condominium building came into being and becomes booming. The existence of condominium building brings forth the management problem, under this situation, it is necessary that all the owners of condominium building constitute a condominium owners' association to manage the condominium building. The issue and implementation of the Regulations on Real Estate Management made up the blankness of legislation on condominium management. But the provision of condominium owners' association in this regulation is neither comprehensive nor maturity. Practices are different from each other because of different local legislations.Condominium owners' association is an important part of condominium management system. Condominium owners' association, which is in the interest of all owners, is the important approach through which co-ownership and member right can be realized. The daily management of condominium owners' association touches quality of people' s'lives and peace of society. All these make'up of the reason why my paper studies this proposition.This paper consists of five chapters. The second and fourth chapters are discussed more detailedly. The first chapter is summarization of condominium owners' association. In this chapter, the formation,concept and legal status.The second chapter discusses the inner construct of condominium owners' association. It can be divided into two parts, which are meaning organ and executing organ. These two organs are absolutely necessary to the management of condominium owners' association. The procedure of meaning organ is discussed in detail.The third chapter is about autonomy rule, which is the tache of condominium Owners. This chapter involves the concept, character, setting, efficacy and content of autonomy rule.The fourth chapter discusses the exterior relation of condominium owners' Association. The relationships with property management enterprises, real estate developer, user of condominium building, denizen committee and real estate administration department are traversed.The last chapter analyzes the related legal provisions in current laws of our country. Some legal problems are pointed, which are unclearness of legal status of condominium owners' association, function confusion of management committee, distemperedness of autonomy organ setting, too much administration compulsion, and so on. Suggestions and advice are put forward on these problems.Author hope this paper can be help to the future legislation. Maturity of legislation on condominium owners' association has significance in harmonious coexistence among condominium owners and building harmonious society.