The Legal Status Of The Owners’ Congress And The Owners’Committee And Resolutions Of Their Judicial Disputes

While our communities are constantly emerging, our condominium ownership laws and regulations can not keep up with the pace of economic development. The important cell of autonomous body-the owners congress and the owners’ committee do not get a clear definition of their legal status. he relevant local legislations varied.The Supreme Court’attitude towards this issue is ambiguous,therefore,the local courts make different results of judicial disputes involving the ownerscongress and the owners’committee. And this problem has caused a certain degree of confusion in the judicial practice. Academia, the judiciary divergent views on this issue.The relevant legislations and judicial interpretations avoid this problem, and their main reasons is that the ownerscongress or the owners’ committee maybe lose in some cases and they have no property for execution.This article tries to discuss and analyze and compare the legislative models (based on the owners congress and the owners’ committee) of some foreign Countries and areas. Combining with China’s reality,we propose a "compromise legislative model" and recommend a special " condominium ownership Law",and we require that the larger owners’ congress’s registration can be directly given legal personality,and the other owners’ congress can be directly given legal qualification of " other organization". We propose all the owners’ congresses have litigation qualification.The owners’ committee acts as the executive body of the owners’ congress and has no litigation qualification. Responsibility for the owners’ congress is bear through public facilities operating income payment of the community and we can find other ways to solve this problem. In addition, In addition,we can set up the Supervisory Board to supervise the owners’ committee. The court should make necessary review and restrictions of such disputes, and resolve the relevant disputes through the people’s mediation committee.