On The Condominium Property Management, Under The Ownership

The building discrimination property rights area modern civil law item of basicreal estate property rights form, as an important civil law system already for theEnglish America legal system and the mainland legal system variouscountries civillegislation universal establishment. It has a yery close relationship between thebuilding discrimination property rights and the estate management. The buildingdiscrimination property rights are the right origin of the estate management legalrelationship. The estate management is the building discrimination property rightsinevitable result. The building discrimination property rights system adapts underthe new form estate management. Therefore, distinguished the management relationsof all the buildings needs standard and specialized estate management.Our country estate management system start is later, regardless of islegislates or practices all endlessly consummates. Are very few about the estatemanagement law, merely newly is promulgating "People's Republic of China Realityof laws" center to have some stipulations. Other disperses about the estatemanagement stipulation sees the estate management aspect place laws and regulationswhich to "Estate management Rule" and the province, the autonomous region,municipality National People's Congress and the standing committeepromulgates,the potency rank is low. At present, under the building discrimination propertyrights estate management has many problems. For example the owner committeequestion, the estate management enterprise's rightprotection question, the estatemanagement connect with the question and the property service charge question, butpractices the legal basis which has not certainly been connected and specificallythe feasible solution. Therefore, in the solution estate management question, hasthe extremely vital significance.The owner committee took owner's implementing agency, when fulfills theresponsibility is easy to surmount the policy-making organ theresponsibilityboundary, the responsibility and the benefit is coordinated ,lacks the effectivesurveillance mechanism. The main reason of causing this kind of problem is thelegislation is imperfect and the property right dispersive causes the ownercommittee member controls the owner congress. Therefore, should strengthen theowner board member's responsibility in the practice and exceed authority with the joint and several liability, is clear about the owner board member's rewardand fund originates, establishes the owner committee to supervise the mechanism.The estate management enterprise frequently needed to undertake the developerin the practice and sells the question in the house construction which in the roomleft behind, the responsibility scope expansion imperceptibly increased theestate management enterprise's risk and the responsibility. The estate managemententerprise's right protection appeared has not been balanced. Creates this kindof phenomenon the reason mainly is the legislation is imperfect and the systemis not perfect. Therefore, should gradually consummate" constructs the tube togather one", establishes the property earnest money system. The estate managementconnects with the dispute not only in the influence property region all owner'snormal life order, also has the very greatly negative effect to the estate managementcompany's enterprise image.The estate management connects with the dispute to be allowed to consultthe solution through litigant both sides. By the state management professionassociation, the residents' committee or other third party adjustment solutions,the application related government department responsible for the work, submitsthe arbitration committee ruling and the lawsuit way solution. The propertyservice charge question is the owner and the estate management enterprise disputemain focal point. Creates the dispute the main reason is the estate managementmarket is short of the standardization and the legislation system is incomplete.The perfect property service charge system, should consummate the procedure andresist to hand over the property service fee dispute the legal solution mechanism,should establish the property service charge slow, reduces, exempts from paymentthe system, should consummate the current property service charge the two-tracksystemfixed price way, perfect property service charge budget control, reformproperty charge main body system.