The Research Of The Legal Mechanisms Of Owner Autonomous Institutions

According to the laws, regulations and democratic principles, owner autonomy is an activity that base on condominium ownership. It could build autonomous organizations, established autonomous norms, management and service the common affairs of the owners. Although state and local governments have introduced a number of laws and regulations to regulate the activities of owner autonomy, they are still not systematic. There are many owners autonomy institutions in the city, but the majority are formalism. The reason is that the people lack consciousness and the system has not been set up. However, the formation of consciousness requires a long time to accumulate by Norms of behavior. What we can do now is to guide the consciousness producing and developing by rules and methods. In turn it also can promote the progress of the system.I organized the related laws and learnt from the results of previous studies, then study the qualification of the subject, found that the rules of the owner subject qualification are inaccurate, and the operation of owner autonomous institutions lack a legal basis, leading civil subject status not clear of the autonomous institutions. In addition, there are many problems during the operation of autonomous institutions. For example, the owners’ committee lack independence and representative; very few legal relationships could be clarified during the establishment of the autonomous institutions; the formulation and contents of owner convention are both defective.; the management and using of the real estate funds are opaque; the rules of procedure are useless; The autonomous institutions plays a small role in safeguarding rights and interests etc. The reasons of these problems are numerous, complicated and staggered. So we have to improve the following aspects.First, I think we should start from the system, clear the nature and status of owner autonomous institutions, so that its behavior could be protected by law. The state and local governments should establish unified and instructional standards to make some basic system of the owner autonomy have a better result in practice. From the perspective of government guiding, the roles of governments should be pushers or supervisors, not managers. From the perspective of the establishment of institutions, the owner committee should be subdivided to make it more useful. From the perspective of supervision, we should perfect the supervision mechanism external and internal to ensure the operation of Autonomous institutions is legal and reasonable. Second, if we got a perfect system and we don’t have methods to implement, the system became an empty. So the owner autonomous institutions themselves should self perfection constantly. We can promote the formation of the rules by enhancing consciousness of the owners. Furthermore, many problems are caused by confusing the legal relationship during the establishment of autonomous institutions. So we should clarify the legal relationship during the establishment of the autonomous institutions for its running in the future. We should make the autonomous institutions widely representative to improve the emotional appeal of autonomous institutions and the identity and participation of the owners. We should improve the financial system of autonomous institutions constantly to regulate the using of the funds. We should hire professionals to assist and monitor the operation process of autonomous institution. Third, as the contracts of the owners like "constitution", the owner conventions are the sources of power of owner autonomous institutions. We should perfect it to promote the effective operation of autonomous institutions.I think that through the above aspects, the operation of owner autonomous institutions could be more reasonable and effective. The concept of owner autonomy could be deeply rooted in our mind. The system of owner autonomy can also be more perfect.