On The Vesting Of The Ownership Of The Residential Area Clubs

A clubhouse is a building or room used by a group of people for fitness, recreation and social activities. The word'clubhouse', in the sense of an association to promote good-fellowship and social intercourse, is also called club. We can classify clubhouses according to different standards. If we classify clubhouses by location, there will be three kinds of clubhouse, which are free standing, embedded standing and clustering standing. Private clubhouse and public clubhouse are classified by the object of services.There have been more and more cases involving clubhouse since clubhouse was introduced into our mainland. If we can't control the increase of cases, the clubhouse business will be affected. The law cases about the ownership of clubhouse are more complicated among all these cases. Our scholars haven't obtained consistency on the ownership of clubhouse. Their theories have formed into two schools, one is called 'Knife as A Slice' and the other is called'Distinguishing Theory'. The former holds the point of view that the clubhouse should belong to house owners or developers. The latter suggests that this ownership belong to different civil subjects according to different standards, which include shared area, house price constitution, sales contract and so on. By comparative analysis, this paper found the conclusion that we could do belonging judgment according to comprehensive standard. We should inquire in turn House Registration, Land Registration, Commercial House Sales Contract and other supplementary materials.As the owner of clubhouse, the developer can't abuse the right and this ownership should be restricted by Owner's Right. The developer must perform his obligations in accordance with Commercial House Sales Contract and advertisement. Otherwise, he will be responsible for breach of his commitments. The developer has paid for the building of clubhouse; therefore if house owners want to become the owner of the clubhouse, they should pay for it. The developer can recoup his investment by two means, one is to sale the clubhouse to the house owners and the other is to claim right on the profits of clubhouse.