On The Exercise Of The Membership Right Of Building Differentiation Ownership

Condominium ownership is a new type of real estate ownership, and its contentsincluding the exclusive right of right and based on mutual relations and a member of the right.The full exercise of member rights can effectively adjust and coordinate the distinctionbetween ownership of human relationships, so that the condominium building managementsmoothly, thereby better maintain the distinction between all have a common interest. Chinas" property law" and the relevant judicial interpretations on the member right of theprovisions, but the members to exercise the right there are some controversies.Besides introduction and conclusion, is divided into four parts.The first part is the introduction, in this part, the author introduces the circumstances ofthe case and the court, and summarized the merits of problem.The second part is about the distinction between ownership of the building on the rightof members, members of the right is a kind of community autonomy, this right is from theattribute, rely on the distinction between ownership of the building proprietary right andpublic right of existence. Members of the right of both rights and obligations as a whole,members of the right people to distinguish in building property in common and commonservices enjoys the rights and at the same time, also the corresponding to the member right ofpeople for the maintenance of the common interests of a group of the obligations. Members ofthe right also has a sustainability, independence. Member rights were based on members ofthe right to enjoy the right to vote, to participate in a statute of right, the right to vote and beelected, request right, undertake to enforce compliance management protocol and resolutionsof the general assembly, the payment obligation of common costs.The third part of the condominium ownership in exertion related problems were analyzed,the member right of ownership is the main body of the owners, the owners should be tomanage the way to comply with the majority principle, the principle of participation, theprinciple of reasonable, the decentralization principle and represents the principle ofexercising the membership right. In real life, building the actual possession of use are notowners, so he created these actual user can enjoy member rights. According to the actualsituation of prospective owners, should be identified with owner identity, endow it withaccess to housing ownership owners the same member rights. According to the laws of ourcountry do not enjoy the member right of the lessee, the author thinks, for long-term lessee should consider giving it a certain rights, such as the owners to participate in the generalassembly, proper management of the daily affairs of rights. In addition, this is also part of theowners of the exercise of the right of agency members, owners of the general assembly is thehighest authority of the organization, its mode of exercising power is convened, the owners ofthe general assembly functions and powers prescribed by law. Owners committee is theorganization responsible for the implementing agencies, Congress on communitymanagement resolutions to perform work. The owners or the owners of the committee ’sdecision, for all owners (including a few dissenting owners) have binding, of course if thedecision to violate some or one of the legitimate rights and interests of owners, violations ofthe owners to enjoy right of revocation request. The exercise of the right of memberinstitutions to analyze and Research on the realization of the right of members has importantsignificance.The fourth part is the case analysis, in this part, the author in this paper on the memberright and member rights on the basis of the analysis, combined with China’s" real right law","property management regulations" and the provisions of relevant laws and regulations, thecase ruling legitimacy and rationality are analyzed, and put forward their own point of view.