The Studies Of Stipulation In Real Estate Management

It is necessary for ensuring the owners comfortable and pleasant living environment in a real estate area to adjust the relationships between the owners with some efficient management. It is the important way of realizing efficient management to carry out the management stipulations which is decided from the owners' meeting. A stipulation, as the most powerful self-control regulations of the management group, not only is obeyed by the owners and the building users, but also the resolution of owners meeting can't go against it. Although some stipulations are mentioned in the laws of Property Management of Regulations and the Law of the Things in China, there are a few problems which not solved because of the shortages of the researches on theory. For this reason and the importance of management stipulations, in this article, I will make a research and analysis about it, and I wish it will be helpful to perfect for the law establishment, practical affairs and theory. Hereinafter is the four parts of this paper:Part A Basic theory of management stipulation. Give a definition to it and analysis the nature of it. Analysis the relationships between common management rights of the condominium ownership and management stipulations.Part B Establishment of management stipulations. Compare the laws establishment patterns of the foreign countries and areas that adopt the two main law systems to that of China, and put forward my opinion on it. The owners are the subjects of establishing management stipulations while others have no rights. For dealing with this emptiness in management, investors have the responsibility to make temporary stipulation. Refer to the experiences of Taiwan Province, we adopt the principle of 'special majority resolution' in the establishment procedure of management stipulation.Part C The contents of management stipulation. Explain the major contents of the management stipulations in Property Management of Regulations. The items of management stipulations are the forms of its contents. According to the different functions, they are divided into necessary items, selective items and instructive items whose contents are mentioned in this article.Part D The power of the management stipulations. Research the effective conditions and range of management stipulations, legal responsibility of violating it. As one kind of legal resolutions made by multi-parties group autonomous action, it not only obeys the important conditions of normal contract, but also has the important conditions of entry-into-force specials. The range of management stipulations contains time effect, space effect and human body effect which is explained especially here. One who violates the management stipulations should take the civil responsibility. According to the owner's violating actions, the responsibilities are analyzed to be the violations on contract, rights or both. Explain the violation actions of the owner, building user and property manager who should take the responsibility and expound the limitation of the responsibility of property manager. There is a contentious item which many law scholars have been arguing each other whether or not the owners meeting has some procedural subject qualification, and it is not mentioned in the Law of the Things in China.