Owners' Committee A Number Of Legal Issues Discussed

With the rapid economic development of the society, the accelerating process of urbanization and new communities have brought more and more frictions associated with the living conditions, such as the disputes among the owners, the owners'committee, the developers and the service companies. The owners'committee, as the spokesman of the owners'interests, has played a crucial role when handling with the internal coordination and the external disputes on many issues. However, it's not very clear both in the existing stipulations towards the legal status and character of the owners'committee and the judicial practice. To some extent, this is not conducive to the further development of the judicial practice, but also makes very difficult to maintain the legal rights of the owners. Based on the above issues, this paper, using the method of the comparative analysis and empirical analysis, has tried to seek a more accurate understanding on the system of the owners'committee under the existing law.The first chapter is the analysis of the related concepts of the owners'committee.Firstly,the related concepts of the owners'committee are defined and distinguished, then take this as the foundation,the analysis has pointed out the close relationship between the owner'committee and the organizations directly connected with the community affairs, such as property services companies and the administrative organs.The second chapter is the legal character of the owners'committee. This chapter has made a comparative analysis towards the legislation, stipulations and theories of the advanced countries and districts. After that, several thoughts on the trends of the corporatised owner'committee are put forward, and further discussion has clarified the legal status of the owners'committee.The third chapter is the establishment of the owners'committee. This chapter has emphasized the importance of the owners'committee to maintain the legal rights of the communities and the proprietors, especially from the establishment, election of the committee members and so on aspects. this chapter has also pointed out the legitimate and the theoretical sources of its authority and the responsibility undertake.The fourth chapter is the competence of the owners'committee. This chapter begins with a clear scope of rights of the owners'committee and the corresponding obligations and responsibilities. On the basis of its current legal status, the parties'legitimacy of their abilities and the limitations of procedural function are studied to point out the necessity for expansion of their procedural function.In this paper, I proposed my own opinion for the development trend of the owners'committee and the parties'procedural function. I hope that the study will be beneficial to the relevant system of the owners'committee, so that the community and owners'legal rights could obtain a better protection.