A Study On Legal Status Of House Owners' Association In Our Nation

House Owners' Association (HOA) as a safeguard of the interests of the owner, it participates many affairs in the property management and plays a very important role. But in our nation, because of the development of property management worse than developed countries, and the relevant laws and regulations have legislative blank, so the level of property management in China is lower than other countries and Hong Kong, Macao and Taiwan, lead to between the owners and property developers, between owners and property management enterprises of many contradictions are not effectively resolved, and the legitimate rights and interests of the owners can't get corresponding protection. The reasons are various, but trace the root, the author thinks that the law of our nation has not give the HOA with a clear legal status is causes the HOA which in a key position of system of realty management cannot effectively protect owner's legal rights and resolve related contradictions. Especially clear the civil status of HOA is the guarantee of resolve the problem in judicial practice. This paper is divided into four sections:The first section mainly discusses the theoretical debate on legal status of HOA in the academic circle. It mainly divided into three kinds of views in domestic scholars:Some scholars convince that the HOA should belong to juridical association, enjoy civil rights, bear civil liability independantly. And some scholars argue that HOA should belong to the unicorporated organization. This view divided into two classes:civil subject qualification of unicorporated organization and don't have such qualification of unicorporated organization. The other scholars argue that HOA is a general organization which don't have independant ligitation subject qualification. This view denies both civil subject qualification and ligitation subject qualification.The second section gives a comprehensive introduction about the legislation of the HOA in China and analyse judicial practice of HOA which indicates the legislation blank. The legislation of the HOA including that the basic law, administrative regulation, department rules and local regulations. Because of legal status of the HOA is not clear, so the similar cases in different courts give opposite judgment in judical practice. It gives serious damage to legal authority and unity.The third section explores the prescribe of other countries. It mainly introduces the present prescribes of Germany, Taiwan which don't have legal person personality mode, France, Hongkong which have legal person personality mode, Japan which have compromising mode, United States that legal person personality in cases mode.The fourth section gives legislative proposal of legal status of HOA.. It shoudn't belong to legal person which conforms to cilvil status. HOA is unicorporated organization which have civli subject qualification and ligitation subject qualification, and puts forward the related legal responsibility problems.