Case Analysis On The "Property Management Concerning The Chunjiang Owner Committee V. Lujiazui Property Management Company"

Condominium ownership is the product of the ownership under the backgroundof housing commercialization, more buildings in residential-area and more high-leveldwellings. When a building is owned by several owners, the complication of the innerownership structure urges the division of patent rights, joint ownership andmembership. As the object of the condominium ownership, while the exclusive partsare the basis to distinguish all constructions, the common parts are the link tocombine each exclusive part. But comparing with the explicit of the exclusive parts,the common parts which are used by all owners possesses complexity. In the judicialpractice, there are many disputes caused by the profits of the common partsconcerning condominium ownership, which are among the focal problems. Based onthe dispute of the service contract between an owner committee and a propertymanagement company, this thesis explores the definition of common parts oncondominium ownership, and basic rules of revenue distribution on common parts.The issues between the controversial property fee and the offset of common parts arealso interpreted carefully. Then the subject of litigation in the disputes concerningcommon parts of condominium ownership is analyzed. This thesis concludes fourchapters as follows:Chapter One is about facts of the case, reasons of the decision and focus of thecontroversy, in which a case of dispute on profit of common parts in condominiumownership occurred in judicial practices is explained and analyzed, three criticalcontroversies existing in the common parts are concluded, namely, the definition anddistribution on the profit of common parts, offset on the profit of common parts, andthe qualification on subject of litigation in the owner committee.Chapter Two is about the distribution on profit of common parts. Firstly, thescale of common parts is discussed to make a conclusion that it shall be defined fromtwo aspects: I. The common parts may be entirety or partially jointly possessed orused by owners, that is entire joint possession and partial joint possession; II. Thecommon parts may be stipulated by law or engaged by owners, namely the legal joint possession and agreed joint possession. Secondly, this chapter discusses thedistribution on the profit of common parts from two perspectives, which are therevenue distribution between owners and enterprises providing property service andthe other is revenue distribution among owners.Chapter Three is the offset of condominium ownership. This part explores theexercising conditions for the right of offset and the legitimacy of offsetting theproperty fees with condominium ownership is analyzed with that as basis. It alsodefines that the condominium ownership can just offset the property fees of allowners instead of special owners otherwise agreed by the property contract ofservice.Chapter Four is the subject of litigation in the disputes of condominiumownership. This part describes different regulations of the subject of litigation in thedisputes of condominium ownership from the levels of law, judicial interpretation andlocal laws and regulations to show the main standpoints in theoretical fields. Theought-to-be rules of subject of litigation in the disputes of condominium ownershipare demonstrated at the end of this part.