Early Property Management Legal Research

In the earlier stage property management , there are some characteristic that are unlike basic property management which requires law makes specific answering. Basic problem of property management is that the developer occupies leading position in the earlier stage , which may abuse whose advantage to damage unit owner's benefit. In the earlier stage estate management , property management legal relationship's basic carrier is that the condominium management contract and temperary condominium declaration. Some general rules are required for the two documents, and also needed for the connection of the two stages of property management at the same time, especially in the problem of transferring of the determinative right of choosing property management company of the unit owners.Except the preface and concluding remarks, the main body of thesis is composed of four chapters.The first chapter is the overview of the earlier stage property management, in which formation of property management legel problems are discussed, and the characteristic of legel relationship of property management is concluded.The second chapter is that the legel problem earlier stage condominium management contract. The first important problem is the definition of the parties of the contract. Why are the unit owners bond to the contract, while they are not the party of the contract but the developer and the property management company are. There are several viewpoints towards the foresaid problem and it is accepted that the unit owners become party of the contract for they undertake the rights and obligations of the earlier stage condominium management contract, which is directly stipulated by law. Second, concerning the postion of unit owners in the contract, it can be induced that some unit owners have the right towards the property management company. In writer's opinion, some unit owners don't have the right to terminated the contract but make it voided. Third, the content of the contract is also another problem which is violently argued. In writer's opinion, the regulation and administration of the content of contract and fee of property management service main relies on market not straightly on administrative motheds.Third chapter is the legel problems of temperary condominium declaration. The temperary condominium declaration is also called the temperary decalaration of unit owners in early time, which is a main part of the legel relationship of property management. First, the difference of temperary condominium declaration from condominium declaration is discussed in this chapter. In writer's opinion, the temperary condominium declaration is an ordinary contract, which is different from condominium declaration in the nature of common rule of unit owners. Second, the legel force of temperary condominium declaration is discussed. Third, because of the characteristic of the temperary condominium declaration, it is also required some special regulations.Fourth chapter is the connection of earilier stage property management with property management. It is the last period of the earlier stage property management when it transform into property management. There are two legel problems, onr of which is the termination of earlier stage property management legel relationship, the other of which is the transferring of the right of property service. It is needed to enchance the determinative right of unit owners.Generally speaking, the wiriter attempted to do some reserches on the legel problem of earlier stage property management based on the principles of contract law, construction property right system,and others's reserch work connected with the practices in order to make some improvement of the settlement of the foresaid problems.