The Legal Status Of Owners' Committee

Owners' committee is the process of urbanization in the urban residential apartments and property management of product development. There are some owners to exercise their rights and joint management of common parts in China mainly through the congress of owners and owners' committee. Promulgated in 2007, "Property Law " established the legal status of the owners Commission in legal form, The revised "Regulations on Property Management" based on the relevant provisions of the "Property Law " has been further improved the legal status of the owners' Commission in legal form. However, the owners' committee should have what kind of legal status not clearly defined the relevant laws of China, which raises theoretical and practical world wide controversy.From the comparison study, countries in the world whose legislation are centered around condominium ownership management body to regulate the owner management of common services between each other and exercise a total of some rights, whether recognized condominium ownership to manage the organization with legal personality for the The main difference between types of legislative model, is centered around. Our law does not clearly specify the management of condominium owners group in the country and condominium management body has the same function for all organizations is the owners' Commission and Owners' committee, China's law on the owners' Commission and Owners1 committee tend to management groups which do not recognize the legal personality of the German and Taiwan of China's legislative model.However, there are theories advocate directly gives the owners' group a legal status, but this view is only an interpretation of scholars.evidence of relevant laws and regulations are not sufficient. Setting the owners' committee as the center,and by means of interpretation is a feasible way to build a legal system of the owner committee. Owners' committee is not only the executive body and internal organs of the owners' Commission, there are many problems if the owners of the General Assembly would be the highest authority,and its legal status as an independent. As owners' committee system of relevant laws is closer to the the legislative model of Taiwan region, the relevant laws of China in Taiwan provides a good reference for us. Owners' committee on the substantive law should be identified as "other organizations",whichshould be entitled to limited civil subject qualification, the procedural law of the Owners' committee should be fully qualified.