Research On The Legal Status Of The Owners’ Committee

The legal status of the owners’ committee is confronted with the dilemma of entity and procedure.Physically,the subject status is unclear.The local property management laws and regulations of the property law and the property management regulations do not specify the legal status of the owners’ committee.In terms of procedure,the qualification of the litigation subject is different,and judicial interpretation and trial practice have not given a unified authoritative reply to the qualification of the litigation subject,resulting in a prominent contradiction between the judgment result and the actual execution.The reason why we are facing difficulties is that laws and regulations are not clearly stipulated.The external reason is that there is no direct copying experience in foreign legislation.The fundamental reason is that the owners’ committee has no relatively independent property and cannot bear the property responsibility;As a result,owners committee behavior consequences attribution and legal responsibility to undertake the lack of path.Therefore,this seems to be a hot issue to be avoided by legislation,but actually it is the real problem of property liability and its undertaking that has not been resolved.There are four views on the legal status of the owners’ committee,namely,the agent of the owners’ committee,the legal person status of the owners’ group,the legal person status of the owners’ committee and the unincorporated organization of the owners’ committee.The agent of the owners committee says that the owners committee is the agent of the owners and is entrusted by the owners to carry out civil activities on their behalf.According to the theory of legal person status of owners’ groups,both the owners’ committee and the owners’ assembly are subordinate organizations of owners’ groups and should be granted legal person status of owners’ groups.Otherwise,the owners’ committee,as an internal body,has no room for discussion.The theory of legal person status of the owners’ committee holds that the owners’ committee conforms to the conditions of legal person,and the granting of legal litigation.Owners committee unincorporated organization said that the owners committee is more in line with the requirements of the unincorporated organization,should be granted the status of the unincorporated organization.This article thinks,owner committee and owner do not accord with law of agency relation,be not agent relation.The owners’ group and the owners’ committee have no independent property,so they can not meet the requirements of legal person.Therefore,the agent of the owners committee,the status of legal person of the owners group and the status of legal person of the owners committee were not valid.On the contrary,the owners committee unincorporated organization said reasonable.At present,the owners committee has a certain capacity for civil rights,can have not completely independent control of the property or funds,through the owners autonomy can be given a certain capacity for responsibility;The unincorporated organization of the owners’ committee is said to be compatible with existing norms such as laws,regulations,rules and judicial interpretations;And it’s economic.Accordingly,owner committee unjuridical person organization says is feasible.There are two modes to establish the unincorporated organization of owner committee: legislation and judicature.Compared with the judicial model,the legislative model conforms to the functional scope of legislation and has three advantages:authority,stability and certainty,which can fundamentally solve the legal status dilemma of the owners’ committee.In addition,the improvement of the operation mechanism of the owners committee should be from internal and external dimensions.Internally,it shall recognize and stipulate the system of owners’ representative,establish the system of full-time committee members and secretaries,and improve the system of owners’ autonomous management;Externally,it shall reform the maintenance fund management system,restrict the developer’s right of control over the property,upgrade the property management joint system.