The Residential Community Property Rights System

The rapid development of China's economy boosts the reform of living condition, multi-storey, high-rise and even ultra-high-rise living buildings were risen as if overnight, which promotes the development of the relevant property regime. n 2007, " Property Law of the People's Republic of China " was promulgated and implemented. In it an important system ~ the Condominium Ownership System (or the Flat Ownership System or the Unit Ownership System. Hereinafter referred as to the "COS", the "FOS" and the "UOS")was formally set up in China. The COS, which is an age-old system, is theoretically based on a single building. However, society changes too fast. Modern residential community is usually built by a set of interconnected buildings. Facing a set of more complex problems, the existing COS is usually beyond the reach of the solution.Therefore, through a set of studies on previous theoretical research results and practical experiences and lessons, this paper aims to build a new residential property rights system called "Zhuzhai Xiaoqv Qvfeng Suoyouquan Zhidu" or the "Residential Community Property Rights System"(Hereinafter referred as to the "RCPRS"). It can resolve such issues as who and in which scope has the property rights in the residential community, and issues like how to share the duties of repairing and how to implement them. The full text of paper divided into the following sections:In the party of introduction, the paper tries to explain that it is the development of living condition which causes the existing COS cannot resolve the more complex problems in the residential community. Further, the paper tries to explain the necessity of building the RCPRS from the currently happened disputes between the relevant parties in a residential community, such as the disputes between the residential developers and buyers and the disputes between the residential managers and owners.The first part of the body tries to argue the development of living condition and the evolution of the corresponding division of property rights theories. Due to the unspoken assumption of that the law and regulations must adapt to the existing changes of living condition, the existing traditional COS cannot resolve the more and more complex legal problems, which mainly manifested in the following aspects: i .The way of existing COS, which studies residential questions by a single building, is out of date. Modern living community is built by a set of interconnected buildings inwhich covers more complex legal relationships than in a single building. ii .a total breakdown on the division and publicity of the right of common, which causes the right-owners are unclear in reality. iii. The COS mixed the "material law" and the "personal law", which is very confused, resulting that it is hard to understand and operate the COS.In the second part of the body, the paper builds the RCPRS. Its studying assumptions base on a residential community.First of all, the paper classifies the modern residential community into a closed one and an open one, then state the RCPRS's basic views: The object of the RCPRS is a wholly living zone. And the right-owner of the living zone property rights holds two items of rights. Those are the ownership of exclusive parts (Hereinafter referred as to the"OEP") and the right of multilevel common (Hereinafter referred as to the "RMC").Secondly, taking a typical closed residential community as an example, the paper explains the scope of the common part which involves 15 different systems from A. the groundworks and bases to O. the interrelated facilities and equipments, defines that the RMC is formed by the Borderline-related right of common, the same-unit right of common, the same-building right of common and the residential community right of common(Hereinafter referred as to the "BRRC", the "SURC", the "SBRC" and the "RCRC") further, from three aspects of the right-owner, the object of rights and the right-and-duty relationship, interprets the "BRRC", the "SURC", the "SBRC" and the "RCRC" respectively.Finally, the paper discusses the meaning and nature of the OEP, and states the elements and scope of a exclusive part assuring the contents of the OEP.In order to prove the availability, the third part of the body uses the RCPRS to resolve three hot problems: the Tariff-sharing, the ownership of roof platform and the parking spaces in residential community problem.In conclusion, the paper makes a summarization of the COS and fingers out an available solution for the existing problems in reality.