Research On Legal Status Of Owner’s Committee Of Residential Community In China

With the increased pace of marketization of residential housing, more and more Chinese people have their owned premises, which in most cases are big properties of most Chinese families currently. It becomes the most concerned issues of the majority owners on how to protect and maintain their self-owned properties and to maintain and increase the value. Because the owner’s meeting usually cannot be convened timely to resolve issues relating to the owner’s interests due to the wide range of owners and difficulties to call up, the significance of the owner’s committee to enforce the decisions of owner’s meeting becomes more and more important. On one hand, the owner’s committee performs its duties and safeguards the owner’s interests according to laws and regulations or deed of mutual covenants and authorization of owner’s meeting; on the other hand, there is a lack of supporting criterions in both theory and legislation despite of the urgent demands from the property management perspective in reality. Currently there are different interpretations on the legal status of owner’s committee by different scholars and articles, which makes no unanimous understanding, and it also materially affects the uniformity and authority of justice because of the vague theoretical orientation and unclear legalizations.This dissertation is based on the legal status of owner’s committee by adopting method of comparative analysis to conduct research and analysis. This dissertation consists of four chapters:In chapter Ⅰ, it gives brief introductions on the basic meaning, legislative status and actual situation of the owner’s committee, mainly setting forth the basis concept, usage, legal features and relevant issues.In chapter Ⅱ, it gives introduction on primary views of the legal status of owner’s committee, i.e., legal person, non-legal person, neither legal person nor non-legal person but having litigation qualification. After analyzing and comparing these views, the author is of the view that both the views of legal person and non-legal person have their limitations and the third view seems to be more appropriate to resolve this issue.In chapter Ⅲ, it gives introduction and summary on foreign legislations on the owner’s autonomous management, and the relationships between the owner’s committee and other organizations, and analyzes the enlightenment to our country, that is to say, to acknowledge the existence of the management association of owner to partitioned ownership (i.e., owner’s corporation) and specify that owner’s committee is an internal execution institution under the owner’s corporation.In chapter IV, it gives the author’s opinion which is that owner’s committee is an internal execution institution under the owner’s corporation, which is neither legal person nor non-legal person, and we should introduce the concept of "the owner’s corporation" as soon as possible, which would clarify the internal structure and legal relationship within the owner’s autonomous management origination such that the issue on the legal status of owner’s committee could be resolved correctly.