Owners' Autonomy

With the deepening of urban housing system reform in China and the development of real estate industry, the property management is gradually flourishing. In the year 2007, China promulgated the Real Right Law of the People's Republic of China and revised the Regulations on Realty Management. The new laws and regulations stipulate a division in the ownership of buildings and specify the autonomous right and the framework of owners' autonomy. This situation indicates that a new real estate ownership system is established in China, and that owners' autonomy is integrated into legal systematization and standardization. However, due to the guiding principles of the Real Right Law, no specific provisions are set down on the nature of main body, the contents and procedures regarding owners' autonomy. Moreover, there are disputes and conflicts in the process of owners' autonomy. The protection and implementation over owners' autonomy need further standardizing. This Article is a study of owners' autonomy based on the legislation and practical execution of property management laws in Nanning City.The first part of the Article gives a brief explanation to the concepts involved in owners' autonomy, and expatiates that the autonomous right of owners roots in the a division in the ownership of buildings. Also, it analyzes the universally applicable rules concerning owners' autonomy.The second part lays emphasis on the legal nature of owners' autonomy organizations. With regard to the legal nature of owners' autonomy organizations, deficiency and illegibility still exist in laws and regulations on property management in China and there are a lot of disputes in the theory circle. I use legislation precedents in relevant countries and areas for reference and propose that the owners' autonomy organizations in China should be defined as mutually beneficial organizations of legal persons. Pursuant to the structural mode of legal person government, the owners' meeting should be the decision-making body of the owners' autonomy organizations and the owners' committee should be the executive body. And an analysis is give to the form of owners' autonomy organizations.The third part elaborates the content of owners' autonomous right. It analyzes the following aspects in the light of the actual situation of owners' autonomy in Nanning City: the exercise of owners' autonomous right as well as the inconsistencies and conflicts during the process while owners' autonomy organizations exercise their autonomous right, the relationship between owners and real estate developers, the relationship between owners and property management agencies.The fourth part of the Article put forwards suggestions on protecting owners' autonomous right from two aspects: the physical entities involved in owners' autonomy and procedures of owners' autonomy.