| Condominium ownership is today’s civil legislation of each country which isgenerally recognized as a system of real estate ownership.Mainland of China which isopening the commercialization of housing reformfrom the1990s and welfare housingto raise funds to build the housing of the unit, which vested all individuals origin andownership changes; it also makes the original vasospasm condominium ownershiphighlight.Development today, housing commercialization, building community andresidential high-rise condominium ownership pushed to the extreme, a building withmultiple ownership,the ownership structure of its internal diversification.With the booming real estate market in recent years, the major city ofskyscrapers and the property management industry also gained opportunities fordevelopment and a large number of property management companies. However, theproperty management enterprise the quality of service, and the professional level ofservice, moral uneven quality.A large part of the service personnel withoutprofessional training, or do not understand the property management system, inpractice, led directly to the owners and property services business disputes.China’s"Property Law" ternary, saying, that the owners of condominium ownership isentitled to ownership of the exclusive part of the owners to distinguish between allbuildings, a total of fractional ownership, and special ownership of the totalrelationship born members of the right. Condominium ownership rights’ object isdivided into exclusive parts of the common parts to determine the basic premise ofcondominium ownership rights system content, the primary is a division of the rightto object which are proprietary or part of the total part.The right of condominium ownership’s objectis around the exclusive partsandcommon parts as its center. The exclusive right to the core of the entire condominiumownership is the right to provide protection for the exclusive rights to achieve totalrelations from a member of the right to coordinate the total part of the management,which use and income maintenance. Co-ownership is based on the common parts, thevalue of the common portions is all exclusive part of the series, which is a proprietary part of the bridge that connects. Total part of the dispute is different from the generaldisputes, the common part of the benefit of all the owners shared commonality ofinterests, which donotmakecontradictory party to be limited to a single owner, thecommon parts involved in a variety of disputes, such as the right to manage disputes,a total of part of the proceeds disputes and attributable to imagine the difficulty ofdealing with.In this paper, common parts of condominium ownership of the relevantlegislation and the focus of controversy as the research object,qualitative analysis andcomparison of analytical methods, analysis of the causes of the existing problems, thelack of legislative system, and put forward countermeasures.This article is dividedinto five chapters, a summary of which reads as follows:Chapter I，Condominium ownership common parts of the concept.This chapterbegins with condominium ownership which isthebasis of the theories, to define theconcept of the common portions.Comparative analysis of the object to the commonpart and the part of the concept of pooled purpose is to clarify the concept of thecommon portions, to avoid the confusion of the concept and other concepts of thecommon portions.Chapter II,Condominium ownership in part of the range defined in the standard.The chapter starts by the laws and regulations of the specific concept of logicalanalysis and semantic analysis, combined with the original intention of the legislationof the legislature, the Legislative look forward to working with objective reality, todetermine the scope and criteria for the classification of the common portions.Secondly criteria for the classification is based on to dispute ownership objectqualitative analysis of practice.ChapterIII,Commonparts of the management of condominium ownership.Thischapter discusses the selection of a total of some way,the management dilemmacauses and ownership and distribution of common parts of the proceeds.Chapter IV, Common parts of the maintenance-residential special maintenancefunds.This chapter discusses in detail the residential special maintenance funds of therelevant legislation, as well as the implementation details of the city.Analyze thereasons for the difficulty of residential special maintenance funds, and put forwardcountermeasures. Chapter V，Chinese condominium ownership suggestions for improvement ofthe management system.Borrowing from the Hong Kong owners’ corporationmanagement mode, as well as the total part of the management of mature experience.The ideas and proposals to address the common portions disputes make up the legalsystem of the lack of the Building Ownership and Property Management. |
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