A Study On The Legal Relationship Between Owners And Owners’ Committees

Since the modern residential community tends to be large,most of the owners enter such community through purchase of commodity house and form a society of strangers,which may result in difficulty in holding owners meeting.Thus,the owners’ collective decision and joint management on the residential community affairs may only be realized on dependence of establishment of owners committee.The members of the owners committee are produced and selected by the owners through establishment of the assembly of owners and are only held by the owners of the community.Although the law does not grant definite decision-making power to the owners committee,the owners committee has considerable power in practical operation.Among the cases accepted by the people’s court,more and more cases involve the owners committee and such cases may arise from the dispute between the owners committee and the property service enterprise,or the dispute between the owners committee and the real estate development company,or even the dispute between the owners committee and the owners or other personnel.It is thus clear that as the collective organization to maintain the joint rights and interests of the owners,the owners committee plays an important role in the daily management of the community,exercise of co-ownership and joint management power of the owners and initiation of judicial procedures to main the joint rights and interests of the owners.However,our country has no clear provisions and imbalance rights and liabilities on the legal subject nature of the owners committee in legislation at present.As such,as the member of the assembly of owners,the owners have difficulty in both managing and supervising the daily affairs of the owners committee,which result in that in one hand,the owners must depend on the owners committee to maintain their own co-ownership and joint management power,on the other hand,they are full of doubt and distrust on the rules of procedure and the administration authority,which affect the community harmony and social stability for the most part.In combination with current national laws and rules and in reference to the legislation of foreign,this paper analyzes the legal relationship between the owners and the owners committee from the following six parts by applying such research methods as literature review,case review and comparative analysis.Firstly,specify the relevant legal concept of owner and owners committee;secondly,analyze the three problems i.e.unclear legal subject nature,ambiguous status in litigation and unequal rights and responsibilities currently existed in the legal relationship between the owners and owners committee;thirdly,define the legal subject nature of the owners committee from the point of current foreign and domestic legislation;fourthly,analyze the litigation status of the owners committee from the current status of legislation,academic point of view and the problems existed in combination with the author’s actual data of judicial practice;fifthly,analyze the authority-responsibility relationship of the owner and the owners committee from the election and establishment of the owners committee;sixthly,further propose the legislative ideas in legal personalization of the owners group,granting limited litigation status to the owners committee,specifying the legal liability of the owners committee and perfecting the supervision of the owners to the owners committee in order to make clear the legal relation between the owner and the owners committee,to exercise the power of owners committee under the owners’ supervision and to promote legislative activities regarding introduction of judicial interpretation on division of ownership.