On The Exercise Of Member Rights In Separate Ownership Of Building

In essence,the differentiated ownership of buildings has the collective character of exercise,and the exercise of this right is to form a group and realize the membership rights in the form of the rights and obligations of group members.Because the phenomenon that needs to be distinguished is more complex and changeable,the most variable factor in this composite ownership is the membership of the differentiated ownership of the building.The meaning,nature,characteristics and manner in which membership is exercised all have the qualities of distinguishing ownership in buildings.Therefore,the most critical element of dynamic realization of composite ownership is the in-depth study of the exercise of membership rights.The main body of this paper is divided into four parts.The first part is an overview of membership rights in the building division,including: membership concept,characteristics,content,etc.The second part is the basic theory of the exercise of membership rights,first analyzes the principles of the exercise of membership rights,points out the principles that need to be followed in the exercise of membership rights,and then introduces the ways of exercise of membership rights,including two ways of autonomous management and entrusted management,and analyzes its operating rules as:direct democracy and reasonable decentralization,and finally the highest autonomy rule of member rights holders-management conventions,and analyzes the nature,content,effect and remedies when violating the management convention.The third part introduces in detail the institutions for exercising membership rights,including the decision-making body,the meeting of distinguishing owners(owners’ meeting)and the executive body,the distinguishing owners’ committee(owners’ committee).The fourth part proposes solutions to the common problems in the exercise of membership rights in China,and puts forward three main measures,including improving the voting mechanism,improving the channels for the exercise of membership rights,and establishing a long-term and reasonable interest balance mechanism,and refining them in combination with specific cases.