The Research On Maintenance By Government Instead Of Owner

The maintenance cost is from the capital of special maintenance owned by all of owners, when the shared section of residential property need to be repaired. According to"Jus Rerem", only approval owners account for two-thirds of all owners and their proportion account for two-thirds of gross area, can they use the maintenance capital. So, only getting agreements from two two-thirds owners can the maintenance come into effect, when the shared section, services and equipments of residence need to be repaired. But in practice, the aggrieved owners and the owners who take part in vote are always not the same group, which lead to the vote can not be through, thus the shared section, services and equipments of residence which are damaged can not be repaired in time. This have been a hot question which are focused by civilians. some relevant cases are printed at times.According to this situation, this article suggests that in order to protect the owners'legal rights and make sure the shared section, service and equipment be used effectively and safely, the government can do the maintenance instead of owners after some necessary procedures, when related owners can't reach an agreement over using the capital of special maintenance to repair the damaged property which will harm other people's or the public's interest.Based on"Jus Rerem","Act of Real Estate Management","Regulations of Residential Property Management in Shanghai"and correlative experiences of maintenance from other countries and regions, this article puts forward a measure about how to manage and operate the maintenance of the shared section , service and equipment by government instead, thus address the maintenance problems of the shared ones.This article is divided into three chapters. The first chapter,"necessity of establishing the system of maintenance by government instead of owners". It describes the present status about the pattern and problems of maintenance of the shared section of a building in China. Then analyzes that it is a good method to establish a system of maintenance by government instead of owner. The second chapter,"analysis of relevant problems in the system of maintenance by government instead", It analyzes the problems in this system, then provides an overview related to this problems. The third chapter,"operation of maintenance by government instead". This part introduces an applicable procedure of this system based on the results of analysis.