Study On The System Of House-owner Convention

Along with our country town house system reform thorough and the real estate industry vigorous development, the estate management already became more and more important in the real life. But the House-owner convention takes in the estate management region owner's autonomous highest meaning organization, resides in the leadership and the core status in the estate management, therefore complete, knows in accurately the estate management the House-owner convention's important position, then straightens out the owner, the House-owner convention, the Development organization and the thing tube enterprise and so on between each kind of main body relations, to establishes and consummates our country owner autonomous system, is playing the quite important instruction role, is also advantageous to our country modern estate management system's establishment and the estate management profession fast development. This article has carried on the analysis and the discussion from the legal regime stratification plane to our country House-owner convention 's some questions.The first part, elaborated briefly the House-owner convention's concept, the classification, have based on this analyzed the owner congress system building rationale——building discrimination property rights, and elaborated the House-owner convention 's research significance briefly.The second part, elaborated emphatically House-owner convention's legal status, this is studies the owner congress question the beginning. Our country estate management law is quite fuzzy to the House-owner convention legal status's stipulation, has not solved the owner autonomous body civil subject qualifications problem, in reality has had many disputes. After the comparison various countries legislation and the comprehensive scholar viewpoint, this article thought that locates the owner congress for other organizations is more appropriate.The third part, bases with emphasis on the House-owner convention operation mechanism consummation. The owner congress takes the owner autonomous most important organization, it from produces to operates each link concrete system's exquisite design, will be able to maintain the owner benefit and to adjusts the individual owner and between the owner autonomous body's conflicts of interest well has the obvious profit. This part from the owner congress's establishment, convened, the right to vote computation as well as the owner congress's resolution and so on several aspect detailed has carried on the analysis to House-owner convention's some important questions, while discussed our country present legislation success's and failure's, profited from other national and the local advanced experience, put forward the perfect proposal. And in also has carried finally on the discussion to the House-owner convention 's legal liability question.The fourth part, is the discussion which and the research autonomous"the constitution"——Deed of Mutual Covenant does to the owner. Defines according to the House-owner convention as the illegal person other organization's nature, works out the objective, the primary coverage and the potency scope looking from the DMC, is most appropriate its nature localization for the autonomous rule. In order to give dual attention fairly with the efficiency, the DMC two forms which author divides into the owner joint pledge draws up by the Development organization the temporary joint pledge which and the House-owner convention draws up. After elaborating the DMC has the necessity additionally builds the compulsory provision the content, in finally take the DMC 's nature localization as the foundation, studies to the DMC 's potency.The fifth part, related to the House-owner convention 's internal and external has conducted the research. In the internal relations is mainly the House-owner convention and the owner as well as with the owner committee's relations. The House-owner convention is composed of the owner, the owner is in the important position in the owner congress, but the owner committee internally takes the House-owner convention's implementing agency, is the House-owner convention 's representative body outward. The external relation is mainly and the estate management Administrative organ as well as the estate management enterprise's relations, to deals with the House-owner convention's issue to external relation's research also similarly to have the important meaning.