On The Analysis Of The Legal Status Of The House Owner's Association

From the two cases as the starting point of the issue in which the house owners took judicial proceedings for the claim of the ownership of the open floor and tort on the right in the name of the House Owner's Association(HOA), this full text lodge the question whether the HOA has the capacity as a subject of law and what in earth the capacity is to take a judicial proceeding for the protection of the public interest of the housing estate. Making an analysis of the situation and defects of the current system about the HOA, on the academic basis of the relationship between the house owners and the HOA and from the standpoint of Civil law theory and the Judicial practices, combining the two typical cases above, the author expound on the legal status of the HOA under the framework of the ongoing Property Law and related Judicial explanations and the experiences of foreign legislation, and also lodge a view that China should clear out the status of the HOA through legislation and endue the HOA with independent capacity as a subject of law. The author elaborate the reality and necessity of the HOA in the lawsuit of the protection of the public interest for the housing estate, and finally expend on the rationality that the HOA lodge or present a lawsuit in the name of all the house owners through the theory of interest of the lawsuit and the definition on the eligible parties. According to the theory of the condominium ownership, however, the rights of the HOA root in the common right of the house owners for the public part of the housing estate. The rights it has do not equals to that of the house owners, except in the public part and property management of the management. Its rights in the lawsuit is limited. Base on the academic analysis, the first civil division of supreme people's court put forward a definition standard about the limited litigant capacity on the HOA. After making the above analysis the author would like to exchange views with others with the expectation to propose some references for the perfection of the HOA system in China.