Study Of The Civil Entity Status Of Owners' Association

With the booming of real estate,residential communities of various sizes have emerged.Property owners therefore founded the owners' association to protect their rights and to make better use of the public resources.As one owners' self-governing system,the owners' association is the base and also the means to achieve democratic management and self-governing.However,"property law" and "property management regulations",which play the core role of regulating buildings and identifying ownership,have no clear clause about legal status of the owners' association,but only state the rights and obligations of some specific institutions such as owners' convention and committee,causing the lack of legal status of the owners' association,and leading to the inconsistent judicial rulings,which is not helpful for the protection of owners' welfare or for the civil democratic rights.So,it is vital to clarify the relations between the owners' association,owners' convention and owners' committee and to clarify the legal status of the owners' association,in both theoretical and practical sense.Besides the preface and conclusion,this paper is mainly divided into four parts:Part one: rise of the issue.First,the thesis introduces the background behind the appearance of owners' association and the necessity of it,including the bases of regulations and laws.And then it analyzes owners' association's lack of legal status from the angle of current law,which consists of three aspects: the lack of stipulation of the dominant role of owners' association in legislation,indeterminacy of the entity of rights and obligations,and indeterminacy of the types of specific entities.And last,through the cases of owners' convention and owners' committee being the party concerned,it comes to the conclusion that due to the indeterminacy of substantive law,judicial practices determine chaotic identifications of owners' association's subject qualification.Part two: the definition of the form of entity of owners' association.This part is focused on the ambiguity of entities.By analyzing of laws and regulations and some judicial precedents along with the discussion of scholars,it concludes that the concept of owners' association should be constructed,and that owners' association should have the sole entity qualification.Owners' convention and committee are the institutions within the owners' association,and owners' convention is the decision-making part and owners' committee is the executive and representative part,neither part being independent and playing the dominant role.Part three: the definition of the type of owners' association.This part deals with the type of entity of owners' association.First,referencing other countries' legislation,and comparing the mode of legislation of owner association of three types: legal person type,unincorporated type and the compromised one,it concludes that it is common in many countries to acknowledge the legal status of owners' association and that China needs to do the same.Then the thesis turns to the history of sorting civil subjects and find that from the two entities sorting to three entities sorting in the general provisions of civil law the progress of China's civil system.In this background,owners' association can depend on law.Last,discussing the specific entity type of owners' association,through analysis method of constitutive requirements,it concludes that owners' association belongs to unincorporated type.Part four: the civil entity of owners' association's obtainment and vanishing.On one hand,owners' association should be made public for the nature of civil entity,and the current record system isn't up to date.So,there should be a new record system for all owners' associations under the principle of promptness,form investigating,and cooperation between institutions.Owners' association should register under civil affairs department so as to be well regulated.On the other hand,by current law,identify the discussion of the vanishing of owners' association's civil entity by different cause.