The Research On Legal Matter Of Residential District Owner Committee

Since the beginning of reform and opening up, China's urbanization process and the considerable housing development, more and more residents owned private housing via purchasing commercial house and moved into a residence community, turning the building respective ownership into a universal phenomenon. Meanwhile, with residents'consciousness of autonomy enhancing, Owner Conference and Owner Committee, as the product of owner autonomy, developed rapidly. However, due to the limitation of China's legislative system, the slow progress of the theory of building respective ownership and immature theory of property management, the legal system of owner management underdeveloped. Thus affected the normal function of owner committee and led to many problems in carrying out property management.Owner Committee is an institute on behalf of the owners to exercise the right to self-management and the agency to execute daily business of owner conference. Owner Committee is a non-profit organization, must act within the scope of their duties; Owner Committee belong to "other organizations" defined in the Civil Procedure Law, with the capability of parties, the plaintiff or the defendant. The legal rights and obligations of Owner Committee comprise internal ones in relationship between owners and external ones in relation to third-party. The establishment of Owner Committee is up against a good many problems, such as the low educational level of owner, the absence of law, difficult formation of effective decision, overmuch organizing procedures and financial difficulties, a law need to be made to specifically define the qualification of committee member, the time and process of Owner Committee generation, and the measures to reduce administrative intervention and to optimize rules of procedure. Operation of Owner Committee firstly embody in the collective responsibility for decision-making, the right meeting order of Owner Committee needs to be restored. Owner Committee is responsible to implement the decision of Owner Conference and holds the right of specific execution and management of important proceeding. Because of the possibility of harm to owners'legal rights and interests during the process, the supervisory mechanism for Owner Committee becomes significant.