The Research On The Legal Person Status Of The Owners Group

owners groups in the country is a new term and the organizational body whichappeared after the housing reform, China’s "Property Law" defined it as the owners’meeting and the owners’ committee. The former is an organ of decision making authority, the latter is Enforcement agencies, which is the executive organ of the former. As anautonomy organization which is set up by residential property owners, its legal natureand status has been disputed, but people’s views and attitudes with the development ofhousing system are becoming more maturing and sounder.China’s urban housing system in1978began a series of reforms to adapt to themarket economy. to change the old property regime of housing money by thegovernment, of building house by the governrnent, of the government management ofthe urban housing system under the planned economy. The system of the right usingurban land, of urban real estate construction happened a a thorough fundamentalchange. Housing reform adapts to the trend of the times and adapts to the law of thedevelopment of market economy, the housing system in China has undergone enormoustransmutation. A lot of commercial high-rise buildings have emerging like mushroomsin the land of China; One by one residential areas are dotted like a myriad of stars in thesky. In this way, under the context of the government devolving more autonomy to theowners,many problems which did not previously exist also will stand out. Such as theproperty management, specifically the management of the common parts other than theownership of the condominium, who is the owner of civil rights? Especially when theresidential public part is involved the suit, who is the plaintiff and the defendant?Although China’s "Property Law "the75th and "Property Management Regulations” the15th are all authorized residential property owners, to establish owners ’meeting andelecting the owners’ committee as the executing agency to manage the district, but theirlegal nature and legal status were not as clear requirements. When involved in litigation,the settlement of practical issues will undergo many difficulties. This is one of China’slegislative gaps. The author of this article believe that the the the owners groups shouldhave been awarded legal personality and status, We can learn but not copy thecompany’s governance structure to regulate the management of the group of owners.Owners groups is different from the company, we must move beyond legalclassification of the traditional civil law. According to traditional concepts, inaccordance with the purpose of the legal person to establish being a for-profit or nonprofit, the legal person is divided into for-profit legal entity and nonprofit legalentity. But in reality,some corporate organizational form is neither for the purpose ofprofit, nor for the purpose of public good, but for the purpose of mutual assistance andmutual benefit. Like the owners groups, the chambers of commerce, the academicassociation etc, which are established according to legal form of membership organizations,How can we give it a qualitative and classified? The U.S. Legislation recognized such legalperson as special mutual-benefit corporation.Now that the groups of owners is the mutual-benefit corporation.We can learnfrom the corporate governance structure. Owners’ meeting by all owners is the authorityof the groups of owners, and the owners’ committee elected by the owners’ meeting isthe implementing agency of the owners groups. In addition, we should also set up a watchdogas corporate to fulfill their duties of supervision,and hire some professional managers to improve theefficiency of management.But for the actual situation that residential areas are generallylow occupancy rate, it is recommended that the temporary Committee should beestablished by the owners who have already stay there, to take functions of the owners’meetings and the owners’ committee. Once the occupancy rate residential areas meet therequirements, then the real owners should elect the owners ’committee to perform theday-to-day affairs of the owners’ groups, and give them civil subject qualification andlitigation principal position.Only in this way,they can play their role.This article, by a comparative approach, in-depth analysis the research results of anumber of countries and regions at home and abroad about the owners’ groups. Theauthor originality proposed that owners groups should be mutual-benefit corporation,and called on that China should admit legal status of the owners group by legislation.Only in this way, the owners groups will be able to play its proper function. Althoughthere has been a lot of controversy about the legal status of the owners groups in China’smainland, the view that the owners groups is legal person has proven hard to be acceptby the public. Moreover, the information the author has collected is limited and personallevel is limited,the research about legal status of owners group is still not perfect. Butin any case, I hope the discussion about this problem can be helpful for the developmentof the owners groups. I believe that, with the further improvement of the system ofcommercial housing in China, and the theory of owners groups is more mature, coupledwith practical needs of the judicial practice and property management, The legal statusof owners groups will be admited in the legislation soon.