On The Improvement Of Owner’s Committee System

The Property Law of PRC established the condominium ownership--which concludes the ownership of exclusive part, the con-ownership and co-management right towards the total ownership-that is the legal foundation of owner’s committee. Since a large number of residential home-owners which have diversified interest demands, it is difficult for home-owners to get together to negotiate with the property company which is professional and always in a stronger position. In response to the weak position of home-owners and protecting the benefits they should get, it is necessary to integrate the opinions and suggestions of all the home-owners and form a unified organization which represents the home-owners and reflects the benefits of home-owners. The owners’ committee is such an autonomous organization of the home-owners, which can represent the total home-owners and safeguard the legitimated rights and interests in the process of property management. To perfect the owner’s committee system and then improve the committee role in the property management has profound practical significance to the promotion of the healthy development of the property management industry and the maintaining of social harmony and stability.In view of self-benefits, the real-estate developers and relevant interest groups often sets blocks in the process of the owners’committee establishment. Simultaneously, the establishment of owner’s committee becomes more difficult because of the high threshold under the current laws and regulations. In addition, it is too difficult to plot all the owners together and to make meeting decisions, because individual owners often committed to one’s self-interest rather than the collective interests. As a result, we can see the practical problems, such as the owner’s committee transition, in the general course of which, the original owners’ committee, the property company and the developer may impede the formation of the new owner’s committee office because of the economic problem; the meeting professional, which may be often low professional of operation, because the owners participating the committee could not have comprehensive and professional knowledge; the office funding, lack of which result the unstable of the owners’ meeting, because there is no laws and regulations on the funding the owner’s committee.The owner’s committee doesn’t play its role as it should be, and there is no explicitly current laws and regulation to define the legal status of owner’s committee, which doesn’t qualify to represent the common opinions as the entity body. In reality, the owners have less enthusiastic of participation, and lower ability of autonomy, which are all the limitation existing in owner-self. The law requires that owners of more than20%has the proposal right to convene an extraordinary meeting, and that only the owner’s committee chair the meeting convened by single mechanism, which hindering the convening of the owner’s meeting. Fatherly, the owner’s committee lack effective mechanisms in voting, and there is no specific rules of operation which results the speculators to fraud in voting. In my opinion, it is not realistic to organize the owners to vote centrally, but the written voting may minimize the transparent in voting process. Finally, there is no real supervision and regulation to the owner’s meeting by the owners or the owner’s committee, which means the owner’s meeting lack of reasonable supervision mechanism.I have three suggestions to deal with the funding problem, the legal status, and the operation mechanism. Firstly, we need measures to solve the financing problem of the owner’s meeting, under which the developer should burden the convened funding for owner’s meeting, and the daily finance for office operations should mainly be from the storage benefits of residential special maintenance fund and the added benefits of government bonds bought by residential special maintenance. Secondly, the status of owner’s committee as civil body should be clear in law, and then the owners can be organized really, which can safeguard the common property and promote the improvement of property management. Thirdly, under the perfect organization of owner’s committee including the decision-making body, the governing body, and the supervision body, we can improve the operating mechanism of owner’s committee including the measures such the construction of public decision-making platform, to improve the active participation of owners. In addition, we should regulate the scope of rights from supervision body and clear the methods of supervision, so as to implement the functions of supervision and to keep the owner’s committee in order to run.