Legal Protection Of Rights Of Property Owners

In recent years, the concept of residence has undergone major changes. Based uopn policy adjustments and changes in property rights, commercial houses become the main choice of common people. As a result, for the first time, the individual living in the house gets rid of a collective identity and become a real owner of the house in the property rights relationship. This change profoundly shows the concept of property rights embodied in the recognition of individual property rights and emphasis. In all the rights enjoyed by owners property rights are the core and starting point. In the modern property rights system, property ownership is presented through the form of building distinction property rights, which include residential section property right, public property right and common property right. As a core part of the ownerships, the realization of the condominium ownership in real life is faced with challenges and obstacles. To counter these challenges and obstacles, the law gives the owners the right to demand or litigate to protect their self-interest rights and formulate specific methods and procedures for the enforcent of condominium ownership.In reality due to the imperfection of relevant legal system, the property management theories are not mature and the owners group are situated in a disadvantageous position in which property rights are difficult to achieved when faced with more powerful and better imformed developers and property management companies Meanwhile, because of the long-standing habits and thoughts, the relevant government departments can not find their right position to be active leader in the relationships of property management and to intervene in the property management. Sometimes they are even against the interests of the owners.In particular, estate developers'behaviors such as cutting corners, reducing the cost of housing which causes quality problems, delaying handling estate license, expanding the owners'pooled area and inability to deliver the supporting facilities violate the rights of the owners and lead to direct and obvious harm that owners can not enjoy high quality houses as they expect. The property management companies make use of the imperfect law system to violate owners'interests during the process to achieve their own economic interests. The most serious problem is earlier property problems. The pre-selected property managing companies by the developers are in charge of the commercial residential section, which makes check before acceptance meaningless and all the relationships complicated. During this time, the property managing company is only responsible for the estate company and will not protect the interests of the owners. Whether the property managing company will continue their management after the selling, it is not possible for them to improve their service by adding human resources, materials and energy.As a result, during the process of previous period,owners can not enjoy high standard service. In addition, among modern estate management relations, property companies should play the role of a service provider to gain the approval and support from owners, however, due to the lack of related systems, the reality is that a property company with its strong capital and the close relationships with developers and government departments becomes the dominant side and put owners in embarrassing situation. In order to pursue economic benefit, they sign "tyrant terms" with all sorts of pretexts, increase fees; in order to reduce management costs, they reduce staff or hire professional management without training. These acts are a direct reason of low service level.Some acts of owners themselves can also be the reason that property rights are violated. Some owners abuse their rights and violate other owner's rights to achieve their benefits.Meanwhile, when the collective rights of the owners are violated and need protecting, some owners speculative behavior greatly weakened owners'rights and vring harm to collective rights.Relevant government departments in the property management relations sometimes play a negative role. Influeced by the "big government" concepts for a long time, some departments try to play the leading role in property management relations and are doubtful to owners self-management. For some affairs of owners'autonomy, some departments play a decisive role. They deal with these affairs in a rigid thinking and conservative approach and limit the power of owners committee. In addition, relatively speaking, the dislocation of relevant government departments'role is even more harmful. Developers with powerful finance (some developers are state-owned enterprises) and their partner property companies hand in large amount of taxes or have a close relationship with the government. For many complex factors in consideration and the inherent inertia of thinking, government departments unconsciously stand by developers of property companies during disputes to help them to maintain steady situation. At such times, government departments can be resistance to owners'rights. Such situation deepens owners'concept of the inefficiency of protecting self-interests through law. The special status of government departments and their unique absolute power to intervene in community affairs makes the difficult situation to protect owners'rights even worse.The realization of the owners'rights will face so many obstacles, so it can not be delayed to seek measures to protect the rights of the owners. From the present situation, the imperfection of legal system is the direct reason of frequent ownership violation. The perfection and realization of owners'rights need the guarantee of a sound legal system. In particular, through the perfection of owners'autonomy, violation of property rights caused by owners themeselves will be reduced; through the regulation of developers and property managing companies, property ownership will be protected; through the improvement of related systems and implementation, changing the way of government departments working and the butler-style thinking, the exercise of their rights as owners will gain more space and freedom. If there is a breakthrough in the above three points, the majority of the owners'rights will be greatly improved and the interests of owners will be more effectively protected.