The Case Analysis About Proprietor Committee Of Legal Status

Proprietor committee is the inevitable outcome of city housing privatization,reflecting life needs in social reality, owners need effective supervision to theProperty Services business’ services by it. It is getting more and more importance withrapid development of estate industry and establishment of residential property ownersassembly, it can effectively promote the formation of a harmonious communityrelation, safeguard and realize the rights of property owners，resolve property disputes,cultivate basic organization. However, because the current effective laws andregulations have not cleared conclusion on the legal status of proprietor committee, itis one of the most controversial issues in the current property management disputes.The dispute of proprietor committee’s legal status appears ceaselessly, not onlybecause the system of estate market management is insufficient, but the moreimportant is that the current legislation does not consider opposites and balanceamong interests of all parties behind the disputes. In existing judgments of propertymanagement disputes, the laws do not take into account owners’ interests although thejudgments are complied with the current laws and regulations, so there may be somespace to consider.Based on reality, through summary overview、 analysis of the problems ofexisting legislative and judicial in mainland and fully learning the advancedexperience of foreign countries, Hong Kong, Macao and Taiwan and other places, weshould define the similarities and differences in the legal status of proprietorcommittee at home and abroad in-depth analysis,the proprietor committee is electedby the owners of the general assembly and registered at the location of the districtproperty, county people’s government administrative departments of real estate andthe sub-district offices, Township People’s government registration, on behalf of allthe interests of owners, implementing lawful management organization，that is theconcept of proprietor committee. Paying attention to the important role of proprietorcommittee, clarifying the relationship of proprietor committee with owners assemblyor property service business, ultimately proprietor committee is defined as "otherorganizations" in the legal recognition，which is given the party the main qualificationto solve the problem of the legal status of the owners’ committee, in order to better safeguard the legitimate rights and interests of all owners, maintain the normal andorderly development of the real estate market.