Research On Legal Status Of Property Owners' Committee

Property Owners'Committee (hereafter referred as"POC") has been developing with the economic development and the awakening awareness of right protection. As an important part of property owners'autonomous agency, POC plays a crucial role in real estate management. It helps enormously build a harmonious society and protect human rights. However, POC system is quite new in China; related laws and regulations are far from perfect, and the orientation of POC is ambiguous. All those lead to series of conflicts in the reality but cannot be solved promptly and effectively. The undoubted importance of POC and the urgent needs in practice constitute the original intention of this thesis.This thesis consists of four chapters besides introduction and conclusion.In the introduction, through the analysis of a case, the main subject of this thesis is brought out, i.e. POC. Then the existing problems both in theory and in practice are raised via an introduction of several amendments concerning the legal status of POC during the legislation process of Property Law.In the first chapter, the author analyzes the current legislation situation regarding POC in our country as well as in foreign countries. Legislations in France, Singapore, Japan, Germany, America, HK, Macao and Taiwan are introduced respectively. Herewith, four modes are concluded as follows. Owner management associations have legal person personality mode; owner management associations do not have legal person personality mode; compromising mode; and legal person personality in cases mode. Then the current problems that POC faces include vague legal status and nature of POC, the scarce number of established POC, the lack of management outlay, ultra agency of POC and abuse of authority.In the second chapter, the author initially discusses three viewpoints regarding POC's qualification of civil subject. They are"legal person","non-legal association", and"non-legal person nor association of litigation subject qualification". The author defines the legal status of POC and argues that POC is not legal person nor other association, but it possesses independent litigation subject qualification.In the third chapter, POC is accurately defined through an analysis of the internal relationship between POC and owners'autonomous agency, i.e. POC vs. owners, and POC vs. owner convention, and also an analysis of the external relationship between POC and owners'autonomous agency, i.e. POC vs. resident committee, and POC vs. real property management enterprises.In the fourth chapter, some suggestions concerning POC perfection are proposed. Owner association should be introduced in China; since owner association has independent civil subject qualification with POC solely an affiliated agency, the legal consequences should be borne on the part of owner association rather than POC. Limited by the present legislation situation, should it be not perfectly ready for the introduction of owner association, litigation qualification of POC would be suggested for the sake of problem solution in practice. Followed is the conclusion.