Study Of The Legal Status For Owners’ Committee

The Owners’Committee is the crucial part of the institution of the owners. It is elected by all owners, and it stands for the wills of all owners. The Owners’ Committee is responsible for managing affairs and protecting the benefits of the owners. This brings an important significance in estate management. There are less theories and investigations for the Owners’ Committee in China, and the corresponding laws are also absented. This is because that we start the research for the Owners’Committee late in China. Hence, it is important and makes more significance to investigate the law of the Owners’ Committee.The Owners’ Committee is elected by the owners who are in the charge of the estate management. It is a common organization which is targeted to protect the property of the community, and secure the benefits of all owners. There are many difficulties to operate the Owners’ Committee in China according to my study. The corresponding rules are absent, less owners participate in the Owners’ Committee, the election is organized disorderly, less fund is used to support the Owners’ Committee, limited rooms can be used by the Owners’ Committee, limited repairing are provided to the Owners’ Committee and the owners lack confidence for the Owners’ Committee. The regulations for the Owners’ Committee in China includes the following elements:the Property Law, the Regulations of Estate Management, the Local Laws, the Judicial Explanations and the Articles of the Owners’ Committee.Hong Kong, Macao, and foreign countries have clear definition of the legal position for the Owners’ Committee. Various angles of legislation lead to many types of definitions, which includes:legal person personality mode, non-legal person personality mode, conditioned legal person personality mode and specific case mode. After comparing these modes and combining the concrete conditions of our nation, we present some suggestions and a few corresponding regulations for the Owners’ Committee of China. After consulting the laws of Taiwan which are very similar to us, we suggest to endow the civil right to the Owners’ Committee in China. We should create the corresponding laws which are suitable for the Owners’ Committee according to the current nation condition and current legal situation, and these laws should protect the benefits of the Owners.The relationship between the Owners’ Committee and the people or other organization which includes owner, the meeting of owners, estate management company are used to define the legal position of the Owners’ Committee. The legal position refers to the substantial law and procedural law. In substantial law, the Owners’ Committee is clear defined as a organization which endows with limited civil rights and limited civil actions. In procedural law, the Owners’ Committee is illustrated as a illegal organization, and it allows the Owners’ Committee to act as a accuser and a defendant in a civil action.