Research On The Execution Of The Membership Right Of Condominium

With the economic development of the nation, and the advancement of the society, the level of urbanization is rapidly moving forward. Big cities are full with high-rise buildings and high class residential communities. With comfort and clean home environment, people starts to participate in the property management affairs, which refers to the member right of the condominium owners one the legal basis. Member rights is the legal rights which allows the condominium owners to use, manage and maintain the building within the scope of building management. It relates to the balance of general interests within the management scope; it relates to rights and obligations relationships among the condominium owners, management organizations and the property managers; it also relates to the harmony and stability of the whole society.Member rights has been developed for a long time, while in our country, it was established in the form of legislation through the “Property Law” published in 2007, which made the member rights the legal rights of the owner, However, the generality of the Property Law leads to some difficulties while practicing. Based on above, there is a need to discuss and research on the relevant theories of the member rights, the exercise system, the defects of the rights relief and how to improved to perfection.This article is divided into four parts discuss the relevant questions of member rights.The first part is a introduction of the basic theory of membership right, including its historical development, the necessity as an independent right, and its execution methods and the selection whereof. this paper, based on such theory, asserts that the membership right does not come intoexistence in isolation. Instead, it's tightly related to other rights under thecategory of condominium. Based on such relation with other rights whereof, membership right requires special way of execution.The second part provides an analysis of the exercising entity and scope of application of membership right. In terms of exercising entity, this paper firstly gives a introduction of proprietor, an entity specified by China's law, and further, based on case studies, conducts a discussions on the disputable issue in practice that whether non-proprietor obligee fits the subject qualification of membership right. The conclusion whereof is negative. Concerning the scope of membership right, this paper discusses the basic connotation and the exercising limitation whereof. Firstly, thissection, based on comparative analysis of relevant regulations, summarizethe basic connotation of membership right. Secondly, this paper, throughcom parative analysis of China's and foreign legislation, theoretically defines the exercising scope that covers the whole property managerial area, and further, combined with current situation, proposes a scope of limitation that is more practical and reasonable.The third part has a discourse on the exercising institutions of China's membership right, the obstacles that impedes the exercising membership right, and specific suggestions to improve the membership right system. At first, this paper offers a concise overview of theories of exercising institution of membership right. Furthermore, this paper, combined with cases and examples in reality, reveals obstacles that exercising institutions encounter with in the course of exercising membership right. Finally, this section offers specific improvement measures to tackle those obstacles in the process of establishing and operating of exercising institutions.The forth part explores the reliefs of membership right. This paper mainly discusses two circumstances that requires reliefs be tendered to membership right in the course of exercising. The first scenario is when resolution of the meeting of property proprietors is defective. Firstly, this section introduces specific cases, analyzes the validity and reliefs of defective resolution in judicial practice under the current legal system, and further, proposes critical improvement measures to substitute the current reliefs. The other scenario is when proprietor's legitimate right and interest is infringed in the course of exercising the membership right independently and without assistance of membership right exercising institution. This section mainly explores the current reliefs whereof and offers propersuggestions to perfect the current reliefs.