| As multi-floor buildings and new-style residence areas come forth more and more in the city in China, it is more and more important to carry out good estate management work. As owner of the condominium, the estate owner should be at a leading and coral position in the estate management. Therefore, recognizing the leading and coral role of the estate owner in the owner's self-rule in estate management, and then playing in order the relations among the estate-management-related entities including the estate owner, the Owner's Society, the construction unit and the estate management enterprise, is very important and substantial for setting up consummate owner's self-rule system in the development of the estate management, which is beneficial to the establishment of the modern estate management system and the rapid and healthy development of the estate management industry in China too. In the basic theories of owner's self-rule, the writer firstly analyses the fundamental concepts such as estate, estate management, owner's self-rule, then analyses the nature, principles, meaning and benefits of the owner's self-rule. As for the legal basis of the owner's self-rule, it is based on the condominium ownership, so the writer not only introduces the conception of the condominium ownership, but also analyses why and how the condominium ownership can act as the basis for the owner's self-rule. Besides, the writer independently introduces the theory of condominium ownership of a residence area, the extension of the theory of condominium ownership. As for the formation of the owner's self-rule organization, the writer thinks that the main defect of the current design lies in the lack of an uniform organization which can represent the benefits of all owners in a residence area, because both the current Owner's Conference and the Owner's Committee don't have the qualifications to represent all owners. Using other country's (region's) experience for reference, the writer thinks that we should establish owner's (self-rule) society in China. As for the mode choosing of the Owner's Society, the writer thinks the mode without legal person's qualification meets more of our current needs. After the Owner's Society is established, the Owner's Conference and the Owner's Committee become the internal organizations of the Owner's Society. Besides, the writer focally analyses the nature and duties of the owner's squad, the branch of the Owner's Society. As for the operation of the Owner's Society, the writer introduces separately in two parts: the Owner's Conference and the Owner's Committee. The Owner's Conference is the decision making internal organization of the Owner's Society, so all of the decision making rights of the Owner's Society on important issues belong to the Owner's Society. As for the operation of the Owner's Conference, the writer introduces in three parts including the types, the calling, and the voting, especially the preparation and calling of the first Owner's Conference. The Owner's Committee is the representative and execution internal organization, so its duty is to execute the decision of the Owner's Conference. As for the operation of the Owner's Committee, the writer introduces in four parts including the establishment of the Owner's Committee, the member's formation, the election and supervision , and the working system. About the election and supervision of the committee members, the writer thinks that electing the members on an area-divided basis can make the committee members more representative, it is beneficial to the supervision of the committee members too. Besides, the writer analyses four focus issues in the operation of the Owner's Committee. Deed of Mutual Covenant is the constitution for the owner's self-rule, the most fundamental self-rule measure, the supplement to the laws and regulations, and the guarantee for the smooth progress of the estate management. According to the nature of non-legal-person society of the Owner's Society, it is most... |
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