On The System Of Condominium Ownerships

As an important form of real estate ownership in contemporary Civil Law, condominium ownership has been accepted by most countries in the world and relevant laws are also made. In modern society, with industrial and commercial development and economic prosperity, urban population rises sharply, and inhabitance problem, following the problem of clothing and food, is increasingly prominent; the phenomenon of condominium ownership classification, intrigued under such situation could be seen more and more frequently. There are 14 relevant provisions in the sixth chapter of China's Property Law; based on such regulations, this paper conducts a theoretical research on condominium ownership. This paper consists of 5 main parts:Part 1 An Overview on Condominium OwnershipThis part is mainly about:first, in the beginning part of this paper, the historical origin of condominium ownership system is introduced and the origin of condominium ownership is also presented to the readers. Through a long development, primary forms of human beings'inhabitance i.e. nest and carve, evolved into houses in traditional meaning, and then for the lacking of residing place each country strived to seek solution, and then the system of condominium ownership came into existence. China's condominium ownership system has gone through a different developing progress. From the early time of China's foundation to the reform and opening up, housing policies and systems which China adopted were state-owned housing system and belonged to public welfare. From 1978 till now, China has transformed such kind of residence into the previous priced housing commercialization system with plural subjects. So legal relationship regulating and coordinating the inter-relationship among owners of apartments in one building came into being gradually. However, this kind of legal relationship, known as condominium ownership, hasn't been confirmed officially and thoroughly in China until March,16th,2007, the issue of Property Law. Secondly, the name of condominium ownership. Thirdly, the definition of condominium ownership:exclusive property right of condominium building, the joint ownership and the special ownership resulting from common relation membership. Fourth, features of condominium ownership:1. compound,2. the dominant role of exclusive property right,3. oneness,4. registration and public notification,5. the multiplicity of the identity of right subject. Fifth, its relationship with one property, one right in Civil Law:setting condominium ownership on building doesn't go against one property and one right, and the key point is a flexible understanding of the property in Civil Law.Part 2 Exclusive Ownership as Part of Condominium OwnershipThis part mainly includes:first, through an overview on the definition and nature of Condominium Ownership, the definition of exclusive ownership is obtained-exclusive ownership endows its owner with rights to use freely, benefit from, and dispose his exclusively owned parts, and is an ownership of his exclusive architectural place. Second, an elaborate explanation of the its object-exclusively owned parts-would be presented in this part, and through a review on the four theories, this part then points out the scope of exclusively owned parts.1. The theory of centreThis theory can also be called the theory of wall centre; according to this theory, the edge of the exclusively owned parts in a building reaches the centre of boundaries like wall, pillar, floor, and ceiling, etc. However, it would be difficult to identify their central lines, and if the owners are allowed to freely use or exchanges, it would have a great influence on the overall management, maintenance, and piping and wiring management of the building as a whole. So, the theory of centre is not without disadvantages.2. The theory of spaceThis theory could also be called the theory of all is shared, and it is theoretically based on the joint ownership, and it is a statement totally opposing the theory of centre which is theoretically based on condominium ownership. However, according to this theory, for the reason that boundaries like wall, floor, and ceiling are the common wealth, condominium owners who would like to paint walls, hammer a nail, or pave the floor should be permitted by the other owners. Under such circumstances, it would cause inconvenience in condominium owners'daily lives, and also doesn't fit the real situation in social life. It was because of this that this theory was criticized by many scholars, and also boundaries'function wasn't brought into full swing.3. The theory of surface painting layerAccording to this theory, exclusive individual parts includes the surface painting layers of wall, pillar etc. that is to say, the boundary walls and other structuring frames belong to common wealth, while the surface painting layer is exclusively owned by individuals. The disadvantage of this theory lies in that it neglects the custom which considers the centre of wall as boundary in all buildings.4. The theory of wall centre and surface painting layerThis theory is otherwise called the theory of wall center belongs to common wealth while surface is individually owned. This theory is both a compound and a compromise of the previous three theories. It holds that, the scope of exclusively owned parts should depend on whether it is an inner relationship or an external relationship. Among condominium owners, especially concerning the maintenance and management relationships, the exclusive parts only include the surface layer of paintings on boundaries like wall, pillar, floor and ceiling etc.; when it comes to external relationship, especially a relationship with a third party like the relationship of buyer and seller, insurance, and taxation, exclusive parts include the central line of boundaries like wall, pillar, floor, and ceiling.Above all, the fourth theory, i.e. the theory of wall centre and the theory of the last surface painting layer, reflects the latest trend of spatial theory, and becomes popular in Japan, for one reason that it bestows free rights on condominium owners to use the surface boundaries, for the other reason that it gives consideration to the maintenance of the building as a whole. The author of this paper holds that the fourth theory distinguishes rights among condominium owners and rights between condominium owners and the third party, fits the real situation in society and meets the needs of future development. Then rights and obligations of condominium owners would be related and analyzed.Part 3 Joint Ownership as Part of Condominium OwnershipIn this part, the definition and nature of joint ownership will be stated, and the object of joint ownership-common wealth-is elaborated; common wealth is mainly divided into statutory common wealth and stipulated common wealth. Based on this, this part renders its readers the rights and obligations of condominium owners.Part 4 Membership as Part of Condominium OwnershipThis part is about the definition, nature, and content of membership.Part 5 Discussions on Vital Problems Concerning Condominium Ownership in ChinaThis part renders its readers a discussion on universal problems existing in China's condominium ownership, which mainly includes:first, the problem of pet keeping, and questions are raised concerning whether pets should be kept in a community; second, the problem of exclusive parts'occupants, in the real life, there are many tenants, and those occupants aren't owners, and owners don't inhabit in their rental property, so question concerning whether tenants should be engaged in the management of common wealth demands to be urgently solved; third, development right of the upper air. This author suggests that it should be clarified that development right of the upper air above the top floor of a building should be a property of all owners, and not the property developers'. Then the author also gives some suggestions concerning issues like the usage of top floor, lighting, and ventilation etc. Fourth, the ownership of garage and parking lot. Concerning such issues, the author suggests that a clarification should be made, it should be clear that under what circumstances they belong to owners and under what circumstances they belong to the developer. On one hand, that protects owners'rights, on the other hand, that doesn't hurt the developer's interest.