Research On The Organization Of Owners' Autonomy

Strictly speaking, Realty Service is not a legal term with a legal meaning. As a newly-born concept with the booming development of China's real business, Realty Service is an advanced approach which accelerates the management in the building area towards specialization, scientization and modernization. And one of the most significant principles of Realty Service is autonomy or autonomic management. As one of the efficient approaches for the owners to manage their own building area, autonomic management is one of the important achievements from the reform campaign of housing. It is essential to support and perfect this managing approach, which has being shown great vitality, for the best of people's interests. Therefore, autonomic management is a must approach to improve the management of the rural building areas and develop the real business. And thereby owners' assembly or owners' committee emerges as the times require and becomes the dominate organization to safeguard the owner's rights and secure the harmony in the building area. Traditionally, however, China's planned economy severely restricts the rise of autonomic management and the development of consciousness of citizenships; in addition, legislation is not going well and the governments'activities may offset, omitted, and even wrong. All these problems block the healthy growing of autonomic management and lead to a series of relevant aftereffects. So we conclude that it is of great significance both theoretically and practically to give this owner's autonomic-managing organization (owners' assembly) a systematic research and figure out the nature and founding of owners' assembly, as well as the operational condition and manner of the owners' assembly.An owners' assembly, as an autonomic institution, is made by all owners (or by owners'representatives if the number of owners is too large) for the interests of all the owners within the building area. With its power based on the ownerships of all the owners, the owner's assembly represents all the owners within the building area and possesses the right to make decisions on all the key issues related to the realty. In other words, owners' assembly is a legally decision-making body. Despite the fact that an owner's assembly is neither a legal person nor other sorts of organizations, it is of great importance as follows to upbuild and perfect this autonomic system. (a) An owner's assembly is an effective board to ensure owners'rights. Because it not only provides a communicating concourse for the developers, realty service enterprise and owners with aspect to their respective interests but more importantly, overcome the difficulties in standing for his or her rights by individual owner; (b) An owner's assembly is an effective dispute-settlement body through autonomic organization. Owners'convention, which made by all owners, is a right-ensuring mechanism and it is of great effectiveness to settle the dispute concerning realty service. (c) An owner's assembly is an effective carrier to develop fundamental democracy. The developing process of owners'autonomic managements is going with the development of China's democracy. Law is very important during that process, and owners'consciousness about democracy needs to be trained and improved as well. So it is an urge to perfect the mechanism of owner's assembly and make it a medium for owners to ensure their legal rights and advance the democratic self-government of cities.Considering that fact that there is no systematically effective law, a number of owners, however, don't show much enthusiasm to the owner's assembly and give it little support because they are lack of obligation consciousness, and just care about their respective interests. In addition, it is more difficult to coordinate the interests between owners than that among owners, developers and realty service enterprise. Therefore, we need to do some research on the effectiveness of owner's assembly with some analysis to the types of owners and the structure of owner's assembly. So we need to pay much attention to the system construction of the owner's assembly by relevant legislation which includes the legal status and the structure of the owner's assembly, the relations among owner's assembly, owner's committee and owners. Besides, a lot of complementary provisions should be made because there are no such provisions in Real Right Law as the subject qualification and the structure of owner's assembly, the founding of a board of supervisors, the founding of owners'groups and branches of owner's assembly.