Research On The Management Regulations Of All Building

Condominium buildings are a social,economical organization with adjacent relationships,common relationships,and group relationships.The owners live together and have the common goal of building a comfortable living environment.However,the building ownership is composed of "three parts" : the exclusive ownership of the particular part,the ownership of the common part,and the right and obligation relationship based on the neighbor or common estate,the interest relationship between owners is complex.So it is quite difficult to unify the meaning of all owners.It is necessary to use the way of group organization to hold the owners’ conference,make the management regulation,elect the owners’ committee,and uniformly adjust the relationships of buildings and owners to realize the common interests of the owners.The management regulation is the self-regulations of the owners’ group concerning the management,usage,and ownership of the condominium buildings.The management regulation has binding on all owners.Where does the binding force of the management regulation come from? Why management regulations can be appropriately restricted to the proprietary part of the building.As an autonomous rule,what is the boundary of its autonomy,How to balance the interests of owners and owners ’groups? As the owner’s highest autonomy rule,who is the maker and implementer of the management regulation? Is it the owner’s assembly,the owner’s committee,or the owner’s group? These issues need to be analyzed.Based on theoretical analysis,how to make a reasonable and feasible management regulation? We need to analysis it from the aspects of its procedures,items,remedies,and legal responsibilities for violation of it,to make a reasonable,ease-developing,clear-liability management regulation.On the basis of law,give full play of the owner’s autonomy,make a management regulation that all owners have to follow,to establish a safe,peaceful and hygienic living environment,to make the management regulation be the the foundation and standard of community orderconstruction.At the same time,through owner’s autonomy,we also experience democratic practice and help to promote the formation of civil society.The structure of this paper is as follows: Firstly,it sorts out the historical development of the management regulations of some countries(regions).Secondly,it expounds the ownership of buildings and the owners’ groups,and explore the source of rights that are binding on the owners by it,and analyze the rationality of the limitation of the proprietary part of the building by it,and analyzes the basic issues such as the meaning,nature and significance of it.Thirdly,discuss the procedures of the establishment,change and abolition of the management regulations,and the format,custody and reading of it.Fourthly,discuss the content of the management regulations,and distinguish the mandatory items,items that must be recorded,and arbitrarily items.Fifthly,analyze the flaws of the management regulations,and analyze the invalidity and revocability of it.Sixth,analyze the management regulations implementation guarantee mechanism,to ensure that the management regulations become the highest autonomy rule of the owners.Seventh,analyze the implementation of management regulations in China,pointing out the deficiencies,finding the reasons,and proposing to straighten out the legal system.Our aim is to establish the legal concept and civil subject status of the owners’ groups,and to try to contract the legal terms of management regulations in Condominium Act.