Research On Owners' Autonomy In Community

With the fast pace of urbanization and rapid development of real estate, more and more young couples prefer to buy their own apartments and live by themselves. Therefore, gated community has been replacing original courtyard houses, which results in a fundamental reform of community management. Meanwhile, since young couples have been educated with strong legal consciousness, disputes in between homeowner and others, such as real estate developer, property management or other homeowner, have been happening all the time. What kind of rights canhomeowners have and how to safeguard their legal rights, are becoming hot topics nowadays. Focusing on homeowner autonomy, this thesis explains the concept, rationality and necessity of homeownerautonomy, and studies the approaches of improving current laws and regulations applied to this area. This thesis can be divided into 4 major sections, as listed below.Section 1 mainly focuseson necessity and rationality of homeownerautonomy. Firstly, basic concept of homeownerautonomy is clarified. After that, necessity of homeowner autonomy is explained, based on the observation of increasing disputes due to the changes of housekeeping from courtyard hours to gated community. Lastly, rationality of homeowner autonomy is discussed, by listing the significances of introducing homeowner autonomy, from different perspectives, such as legal autonomy, legal principal, etc. mainly clarifies on the jurisprudence of homeowner autonomy. Firstly, existing laws for homeowner autonomy is summarized. Secondly, fundamentals of homeowner autonomy are analyzed based on the deep insights to the principals and contents. Nature of homeowner autonomy is determined at the end of this section.Section 2 mainly discusses the mechanism and specification of running homeowner autonomy. Firstly, major boards of homeowner autonomy are clarified from setups and functions perspectives. Then, rules and regulations of homeowner autonomy are clarified from different aspects, including concept, nature, content, features and efficacy, based on the studies to both theories and practices.Section 3 mainly summarizes the problems of practicing homeowner autonomy. Current situation of homeowner autonomy is described first. And root causes of the status is studied from many perspectives, i.e. deficiency of existing laws, limitation of rules and regulations within homeowner autonomy, wrong role played by community management, improper interruption from governmentagencies, weakconsciousness of homeownerautonomy, etc.Section 4 mainly proposes potential approaches of enhancinghomeownerautonomy, by resolving the issues explained in previous section. First of all, more concrete and completed laws are supposed to be in place, to better protect andsupporthomeownerautonomy. Secondly, interruption from governmentagencies should be further weakened and restricted. Last but not least, consciousness of safeguarding the rights should be emphasized for homeowners.In summary, this thesis systematically and comprehensively studied the homeowner autonomy, with detailed clarifications to its necessity, jurisprudence, mechanism, problems and solutions. By the studies of this topic, highlighted consciousness and improved laws for homeowner autonomy are so called-for, to alleviate the disputes from/to homeowners, consequently, achieve better surroundings.