Research On The Derivation And Execution Of The Membership Right Of Owners In Residential Property Management In Residence Community

There is an effective method to solve the housing shortages by the vertical and communal architecture, which makes more and more people live in a house together and the life relationship among them becomes increasingly complex. To adjust social relationships among the unit owners, and maintain public legal benefits, membership rights of condominiums ownerships have an urgent problem to be solved in theoretical circle and practice. As a basic form of real estate ownership shared ownership of buildings is composed of three elements, monopoly right, and sharing right, which are longing to the reality right areas. While the membership right of the condominium associations issuing from the two components is longing to the member right areas. The problem concerning the relationship between the condominiums ownership and membership right of owners, the theorists and practice also exist loudly disputes. There are three theories consisting of neutral monism, the dualistic theory and triadic theory. The author expounds the existing perspectives, and based on which the dualistic theory is determined to be the theoretical basis of member ownership from the exercise of rights and legislative the improvement perfection perspectives. Firstly, the basic theoretical problems of the membership right of condominiums in estate management are discussed from the concepts, the legal characteristics and contents. Secondly, this article discussed with detail the legal Relationship of execution of membership rights from its main body, its object and its contents. Thirdly, the organizations to perform the membership right in property management of residence are introduction. The owners meeting is the performing organization of membership rights, and owner's committee, established by the owners meeting, is a executing agency of the current tangible activities relating to buildings. The calling of owners meeting, the resolution method, effects of vote are stated. The owner's committee is an agency that delegates the owners meeting exercise rights, which represents the interests of all owners. The legal relationship between the owner's committee and the owners meeting is studied. Finally, the execution of membership rights is discussed. The laws and regulations concerning the membership rights of condominiums are analyzed, some shortcomings of which are put forward. Some constructive advice is proposed based on the practical feasibility of membership rights to further improve the legislative system about the membership rights of unit owners.