On Condominium Ownership Of Members Of The Right

The ownership of apartment building is a compound right composed of the exclusive right, the co-ownership and the membership. As a constituent of the ownership of apartment building, although it is based on the exclusive right and the co-ownership with a subordinate and adjunctive characteristic, the membership is an independent right.The voting power is one of the most important memberships owned by the owner of the apartment building. It is a symbol of the membership to participate in the managing group meeting and exercise the voting power. The magnitude of the power is decided by the values or the areas of the inclusive parts of the building. As the practice of our country is concerned, it is fair to decide the magnitude of the voting power according to the areas.The exertion of the membership is embodied by the self-governing of all the owners of the apartment building through a managing group. Due to the advantages the corporate managing group has over the non-corporate managing group, it is a worldly legislative trend to incorporate a managing group. The status of the managing group as a corporation should be defined legislatively in our country.As the organization of will of the managing group, the meeting of the owners of the apartment building discusses and decides important issues related to the management of the building by means of unanimous voting, special majority voting and ordinary majority voting separately. The management committee is an organ to execute the decisions made by the meeting of the owners of the apartment building and routine affairs related to management of the building.The managing rule, formulated, revised and repealed by the meeting of the owners of the apartment building, is the supreme self-governing rule for the managing organization. Decisions made by the meeting of the owners of the apartment building, managerial behaviors of the management committee and behaviors in the owners' daily life shall not contradict the managing rule. Not only are the owners subjected to the managing rule, but also the successors of the owners and those who are in and out of the building temporarily.The contents of the membership include not only rights that the owners have, but also responsibilities they should assume. Their membership shall be restricted, even deprived in case of violating the responsibilities severely.The membership is an important structure of the ownership of apartment building, and also the tache for the exclusive right to link the co-ownership. Because of the existence of the membership, the ownership of apartment building as a real right comprises some factors of "human law", which distinguishes it as a special real right from others. For the sake of the characteristic, it is preferred to choose the model of drawing up special statute in the legislative process for the ownership of the apartment building.