Study Of The Legal Issues Of The Owners Of Autonomy

As multi-floor buildings and new-style residence areas come forth more andmore in the cities in China, it is more and more important to carry out good estatemanagement work. As owner of the condominium, the estate owner should be at aleading and pivotal position in the estate management. Therefore, recognizing theleading and pivotal role of the estate owner in the owner's self-rule in estatemanagement, and then playing in order the relations among theestate-management-related entities including the estate owner, the Owner's Society,the construction unit and the estate management enterprise, is very important andsubstantial for setting up consummate owner's self-rule system in the developmentof the estate management, which is beneficial to the establishment of the modernestate management system and the rapid and healthy development of the estatemanagement industry in China too.In the basic theories of owner's self-rule, the writer analyses the fundamentalconcepts such as estate, estate management, owner's self-rule. As for the legal basisof the owner's self-rule, it is based on the condominium ownership, so the writer notonly introduces the conception of the condominium ownership, but also analyseswhy and how the condominium ownership can act as the basis for the owner'sself-rule.As for the formation of the owner's self-rule organization, the writer thinks thatthe main defect of the current design lies in the lack of a uniform organization whichcan represent the benefits of all owners in a residence area, because both the currentOwner's Conference and the Owner's Committee don't have the qualifications torepresent all owners. Using other country's (region's) experience for reference, thewriter thinks that we should establish owner's (self-rule) society in China. As for themode choosing of the Owner's Society, the writer thinks the mode without legalperson's qualification meets more of our current needs. After the Owner's Society isestablished, the Owner's Conference and the Owner's Committee become theinternal organizations of the Owner's Society, the Owner's Conference and theOwner's Committee. The Owner's Conference is the internal decision-making organization of the Owner's Society, so all of the decision-making rights of theOwner's Society on important issues belong to the Owner's Society.Deed of Mutual Covenant is the constitution for the owner's self-rule, the mostfundamental self-rule measure, the supplement to the laws and regulations, and theguarantee for the smooth progress of the estate management. According to the natureof non-legal-person society of the Owner's Society, it is most reasonable to deemDMC as self-rule rules from its principles, contents and validity scope. DMC can bemade in two ways: by the construction entity or by the Owner's Conference, so ittakes effect in different ways too. About the contents of the DMC, they should bedivided into four types. To solve the current disputes between the construction entityand the owners, legislation on the contents of the DMC should be enhanced usingHong Kong and Taiwan's experience for reference. At last, the writer introducesopinions about confines and complementarity of the owner's self-rule.In the summary, the writer thinks The Estate Management Act has built afundamental frame for the owner's self-rule. The Act has defined the rights andliabilitiesⅣof the owners and classified the positions and duties of the Owner'sConference and the Owner's Committee, which has built a good base fordevelopment of the owner's self-rule. The Law of Real Right has confirmed all kindsof rights which the estate owner should have and has increased the estate owner'sself-decision,especially has confirmed the right of the estate owner's self-decision asfor the public affair management of residence areas. For its nature of administrativeregulation, the Act does not clarify that the Owner's Society should be established,dose not set up Owner's Squad as the branch of the Owner's Society, does not electthe committee members on an area-divided basis to solve the election andsupervision problem, and does not enhance the supervision over the DMC to solvethe problem that the construction entity harms the owner's right staking use of theDMC. The writer thinks the thesis is helpful to the legislation on owner's self-rule inestate management.