A Research On The Object Scope Of Owners’ Common Ownership

Owner’s common ownership is the property right shared by all the owners in a common interest development for the building and its ancillary facilities and other common parts.As the focus of disputes over separate ownership in a building,the owner’s common ownership involves the common interests of many owners,and the definition of its object scope is the key to determine the ownership of rights.According to the different sources of rights,the common part of the owner can be divided into three categories,statutory object of the owner’s common ownership,presumed object of the owner’s common ownership and agreed object of the owner’s common ownership.According to the scope of the right subject,it can be divided into total shared part of the owner’s common ownership and partial shared part of the owner’s common ownership.Statutory object of the owner’s common ownership shall be clearly stipulated by the law.Its scope should not be limited to buildings and their ancillary facilities,such as maintenance fund and common part income,which can also be considered.The "reasonable cost" stipulated in Article 282 of Civil Code of the People’s Republic of China also needs to be accurately defined to prevent the community manager misappropriates the rights and interests of the owner.Moreover,the application of this article should not only explain mechanically from the context,but also should to allow the owner and manager to distribute freely within a certain range.Presumed object of the owner’s common ownership right needs to meet three conditions:First,it is not specified by laws and administrative regulations;Second,it is located within the building area;Third,it does not belong to the private portions of owners,municipal parts nor those owned by other right holders.In addition to the plot ratio,rights to use construction land,shared area and construction cost,the judgment of the object of presumed owner’s co ownership should also be based on the combination of space standard and utility standard.In the judicial practice,the burden of proof above presumed parts shall be allocated to the party claiming the private right.It shall be recognized that the construction unit has the right to daily use multi-purpose civil air defense projects.However,the construction unit has the obligation to disclose basic information such as construction costs,otherwise the daily use right should belongs to all owners.Agreed object of the owner’s common ownership refers to the building and its ancillary facilities which the owner are agreed to be jointly owned by the owner through agreement between the owner or between the owner and other subjects.In terms of the scope of agreement,the object of agreement is mainly the object of exclusive right,and both joint ownership and joint use right can be agreed,and the private use right also can be transfer to belong to all owners.In terms of agreed objects,by distinguishing the agreement between owners and the construction unit or within the owners,it can discuss different ways of common agreement.In terms of the effectiveness of the agreement,it is necessary to consider both the entity and the procedure,and analyze the factors affecting the effectiveness of the agreement.