On The Owner's Rights Of Property Management And Their Protection

With the reform of Housing system in our country, the welfare housing distribution mode under the traditional planned economic system is being gradually replaced by the monetized and commercialized one. Property management, as a new model of public service has developed rapidly. As property owner, the proprietors should have the right to carry out property management in person or through owners'institutions, which is known as Self- management. Limited by time, energy and ability, the proprietors for often than not tend to entrust some professional property management enterprises with the property management services, thus it follows mode of the commissioned management which has become the primary mode of modern property management. But currently, socially oriented professional property management is still at the fledgling stage with unsound and imperfect laws and regulations. Property management enterprises are lacking in professional capabilities and services and the proprietors themselves are not fully aware of the sense of right, which consequently give rise to numerous cases of the violation of proprietors'property rights in property management practices thus affecting the healthy development of the property management industry. In view of this, this thesis makes a study of the proprietors'property rights and its protection in property management practices based on the following three aspects. The first chapter focuses on the basic proprietors'property rights in property management. Firstly, it gives a definition for Proprietor. The concept of Proprietor is not in uniform in legal provisions in different areas and countries, so it is necessary to define it so as to protect properly the rights of the property owners. Secondly, the rights enjoyed by the proprietors in property management are very complicated: having the right of self- management with regard to the ownership of the property and the right to gain access to services and to supervise the property management companies to fulfill the contract with consideration on the contract of property management services. Meanwhile, the proprietors are entitled to the right of ownership of buildings for the adjacency relations in property management. As a result, the author discusses the theoretical basis of how the proprietors'rights of different nature originated. Based on the ownership of buildings theory and the principal-agent theory, this paper analyses the theoretical basis of the proprietors'rights and claims in property management. Thirdly, it categorizes the rights of the proprietors in property management: one is the ownership right in view of the ownership of the building distinction, the other being the rights as trustees or agents in view of the principal-agent theory.The second chapter lays stress on the problems existing between the property companies and the proprietors in property management and its causes. Firstly, it makes an theoretical and exemplary analysis on the problem of inequality in the entrusted property management which is under the category of civil commission. Property Management Company and owner are of equal standing, but practice is far different from theory. Inequality abounds in entrusted property company which is characterized with unequal principal position and the irreconcilability of rights and obligations. Secondly, property management, as one new Sunrise industry adjusted to market economy requirements stands for"low cost and high efficiency". At present, during the specific operation in property management, the property companies as the trustee is far away from the aim of being professional, socialized and marketed for the service industry. This paper summarizes the main problems and its causes during the operation property companies, from the standardized and unprofessional behavior of the property enterprises to the incompatibility between the property companies and the society. It also discusses the lack of effective ways and means to safeguard the proprietors'rights, which is manifested in the scarcity of the legislation of autonomy for the owners, the owners committee's being ineligible for civil subjects and the weak sense of democratic participation and the safeguarding of their rights for the proprietors.The third chapter emphasizes on how to protect and safeguard by the law the rights of the proprietors. Firstly, the development of the legislation for property management lags behind that of the property management industry. Legislative level is not high and the law system frame does not build up to be systematic and comprehensive, therefore it is of utmost importance that the legislation for property management be perfected. It should clarify in the legislation"the legal nature of property management, the organization of the property committee and relevant legal responsibility, the scope and standard for the responsibility, rights and interests, property management disputes relief measures". Secondly, the civil law and property rights law are not protective enough for the proprietors, it is utterly necessary to strengthen the governmental supervision and control over the property management. As the property management pushes the development of the urban civilization and modernization, the government should be inductive to the formation of customized and standardized property management and help with the harmonious commission relationship between the proprietors and the property companies, thus creating a good environment for the development of property management industry.