Study On The Legal Issues Of Common Parts In Condominium Ownership

This article is based on the property law of the definition of the common parts ownership of building differentiation ownership,starting from the perspective of owners' autonomy to explore all the common parts of building ownership dispute.The body of the article is divided into four parts,the first part has expounded the basic theory research.Since the common parts of property rights is a part of the building differentiation ownership,it is necessary to conduct a systematic study of the basic theory.In the theoretical research part,we focus on the owner's right of common parts.The second part focuses on the parking spaces,green spaces,roof platforms and shareholding disputes,and discusses the practical problems of the ownership disputes.The third part explores the causes of the disputes,from the legislative level and the realistic level to analyze the causes of the ownership disputes.From the legislative level: there is no accurate definition in which are the common parts in a residential district in our Property Law,most of the provisions are vague,they can hardly guide practice.Beyond that,the legal regulations on the management of the common parts in a residential district are far away from perfect,there is no mandatory rule about hold the owners' congress,as a result of this,it's difficult to set up the owners' congress and the owners' committee in actual life.So,the owners can not form an organization to protect their rights rationally and effectively.In consequence,the owners are in a low degree of autonomy,and they stay in a weak position in the management of the common parts,that is not conducive to settle the disputes.The third part of the article also analyzes the practical reasons of the plight of the owners' autonomy,from the perspective of property developer,property management company and government,they are all the factors that can bring about disputes in the issues of common parts in condominium ownership.The fourth part of the article attempts to propose feasible legislative and governance mechanisms to settle disputes.Legislation should be more specific and systematic,meanwhile,the owners should improve their self-management capacity,in this way can we achieve the purpose of resolving disputes.