On The Exercise Of Common Management Right Of Owners

The promulgation of the Civil Code of the People’s Republic of China in 2020(hereinafter referred to as the "Civil Code")has fully drawn on the valuable experience of past legislation and judiciary.In order to better protect the autonomy of owners and safeguard the common interests of owners,the Code has extensively revised and improved the joint decision-making matters of owners.From the perspective of the exercise of owners’ comanagement rights,the problems encountered in the exercise of owners’ co-management rights are analysed,and in order to solve these problems,effective solutions must be explored to provide strong support for owners’ autonomy and the maintenance of common interests.In the process of analysing the exercise of owners’ co-management rights,it is found that many problems still exist,such as the low level of participation of owners,the complexity of determining the number of voting rights and the difficulties in the operation of autonomous organisations.The core objective of this writing is also to ensure the proper and active exercise of the right of co-management by owners,so that this right is put into practice and good governance is achieved.Firstly,there is a lack of clear definition of the concept of co-management rights in China,and a comparative analysis of the concept of co-management rights is made through a comparison with membership rights.However,as there is still no unified standard in the law on the nature of owners’ co-management rights,the situation of "different judgments in the same case" still arises,therefore,adopting a research method combining theory and practical cases to define the nature of owners’ co-management rights,which is undoubtedly of great practical significance to reduce conflicts and resolve disputes.This is of obvious practical significance.Then,the subjects of owners’ co-management rights are clarified,the ways of exercising owners’ co-management rights are direct management and group management,and the reasons for the defects of owners’ voting rules are analysed.In addition,the comparative analysis method is used to compare the subjects of the exercise of the management system of residential buildings,the nature and the way of exercise of owners’ groups in Germany with that in China,and to learn from the advanced points of Germany,which can strengthen the construction of the owners’ self-government system in China,improve the self-government ability and management level of owners and promote the benign development of the community.Finally,on the basis of the previous analysis,as a supporting mechanism,suggestions are made to clarify the status of the main body of the owners’ association,to guarantee the owners’ right to self-government,to formulate a separate code for the differentiated ownership of buildings,and to improve the exercise of the rules on owners’ voting rights,so as to try to clear the obstacles in the process of exercising the owners’ right to common management and to strive to achieve the effective exercise of this right,with a view to creating a pleasant living environment for the owners in the neighbourhood.