Study Of The Legal Status Of The Owners' Committee

Owner Committee is a rebirth-thing of real estate reformatory, which is the foremost organization concerning real estate in the developed state or area of reality management. It is proved that specification of its responsibility is connected with quality of realty management and owner's benefit. The legal station and nature of owner committee is mainly related to whether it is an independent civil subject with correspondent civil rights ability, and whether it is able to be a subject of litigation exerting civil rights and bearing civil liability etc. As for this aspect, different countries have their own features. It is widely accepted in practice or theory that the Owner Committee has designated certain legal status in both civil-law system and common-law system. In China, areas and regions varies in regulations and procedures regarding establishing the Owner Committee. There is no clear description of its legal character including such areas as Bejing, Shanghai and Guangdong, which has taken a leading role in real estate and realty management. In September 1,2003, Realty Management Regulations took into effect. Only the duties of Owner Committee are listed, but its legal status and character are not mentioned. As an important organization of realty management, its legal status is directly concerning about legal results and bearing liability.There are totally 6 parts in this article. Part 1 is an introduction of the conduct, which we will mainly study. Part 2 is about the legal basis and necessary of the Owner Committee. In part 3, the author studies some defaults of the ownership- committee system, on the basis of the domestic and abroad legal status of owner committee. Part 4 is about the forming of the legal status of owner committee. The Author proposes his own opinions that the owner committee is an independent civil subject with correspondent of civil rights ability and able to be a subject of litigation exerting civil rights and bearing civil liability. Part 5 makes some discussions of the owners' general meeting and owners' association, and, analyses the relationship of the owner committee with the owners' general meeting and owners' association. And last, in part 6, the author gives some suggestions about the improving of the legal system of this area of law in China. In this article, the author intents to give a synthetically and deep studying on the legalsystem with different methods, including the methods of interpretation of law, and economic analysis of law, ect..According to different views at domestic and abroad, the writer collects a lot of foreign cases in this field , and tries to find proper methods to deal with problems in practice in terms of theoretical basis. In order to get a clear idea of civil legal relationship, he makes an analysis of its legal status and character, and litigation ability within present legislation outline. In this way, the writer tries to supply certain useful material to improve ownership- committee system and deal with disputes resulting from realty management effectively and perfectly.