Legal Issues Of Our Property Management Study

As a new industry, property management is still in its infancy in China. in the development toward its maturity, many problems concerning legal system have arisen. Many causes have led to these problems. They are: 1. The related law system falls behind the development of property management industry. 2. Influenced by the traditional housing management system, the house owners have not developed a strong sense of property management. 3. Some property management agencies fail to provide satisfactory service due to the inefficient employees working for them. Among those, the first is the most important cause.This article derives from the fact that the healthy development of property management industry, the guarantee of all parties' interests being guarded, and the settlement of related law issues, will have an important impact upon improvement of property owners' living standard and social stability. It attempts to seek an effective answer to those problems on the basis of the present legislature in China. This paper is an analysis of the existing problems concerning the law system and the causes. It puts forward some proposals to solve property management issues and to improve the legislature.The paper focuses its attention upon the legal matters of the commercially built housing management, and it is divided into five chapters:Chapter One offers the definitions of property, property management, development of property management in our country and it's differences with traditional house management.Chapter Two introduces the related legal basis -- the condominium ownership theory of buildings and the legal basis of contract system.Chapter Three is a summary of the present situation of property management in China and the related existing legal problems. They include: undefined property owner's committee in property management, undefined property Owner's pledge, undefined legal relations, unclear ownership of the public area and facilities, compensation for the damage to the property owners, regulation of property management fund.Chapter Four proposes solutions to the existing problems with regards to the property management practice in China and the advanced regulation models in some foreign countries. They are: redefine property owner's committee, perfect property owner's pledge, clarify the legal relationship among different parties, set different laws for different public areas and facilities and specify their ownership, establish scientific system for the property management fund to assure its safe operation.Chapter Five puts forward suggestions about legislation.