Study On The Modern Realty Management Of Divided Propriety

Before the Reform and Opening Policy was implemented, the Chinese urbanhousing system was characterized as the form of welfare and supply. Generally, theproprietary of houses belonged to the country and the administration was carried outby the government. After the Reform and Opening Policy was implemented, with thedevelopment of the renovation of the urban housing system, great change happened tothe structure of the house proprietary and some actions, such as the bargaining ofpublic houses, the commercialization of residential houses and so, induce theproportion of private house higher and higher. Therefore, a new type of real right —the divided proprietary of buildings, appeared. With the change of the structure of thehouse proprietary, a new industry, Realty Management, appeared and then bloomedgradually. The appearance of this industry plays a positive role in the economicdevelopment, however, induced many problems. The civil caused by the behavior ofRealty Management becomes more and more. One reason is due to the unavailabilityof a rounded system of the divided propriety of buildings.Based on the theory of the divided propriety of buildings and referring to theinternational related legislation and practices of the realty management activities,aiming at the hot problems of the realty management market, this paper focuses onthe research of the basic theory of divided proprietary of buildings, owner-autonomy,and the dispute of the Realty Management fee.The law system of divided propriety of buildings appeared with the industryrevolution and the development of modern economy, and it is also required by therapid urbanization process in China. The relationship of divided propriety ofbuildings differs totally from the traditional building proprietary, so it is necessary toestablish a rounded law system of divided proprietary of buildings to adjust andregulate the normal practices. Among this system, the range division of theproprietary space of buildings is the core.The key of owner autonomy is the right of realty management, and the dividedpropriety of buildings is the source of the right of realty management. The ownerautonomy will benefit the right of owners and will smooth the relation between therealty owners and the realty management firm, or developers of buildings orgovernments. On the other side, it will help the realty owner self-restricted.The fee of realty management is the basic fee for maintaining the managementand operation of the divided propriety of buildings. According to the contract ofrealty management, realty management firms have right to get such fee aftersupplying the service and owners also have responsibility to pay such fee, and thecommittee of owners has responsibility to supervise and urge the charge of the fee.There are many factors which cause the difficulty of charging the realty managementfee and multi-way should be considered to solve these problems. These multi-way issignificant for the healthy development of the industry of realty management and theprotection of the rights and interests of owners.