Conception Of Promoting Autonomy Of Owners In Residential Areas By Referring To The Governance Structure Of Limited Liability Companies

The emergence of owner autonomous management is not only the product of the market economy development and the commercialization of housing,but also the needs of the owner’s consciousness of self management.The owners’ autonomous organization,consisting of the whole owners,shoulders the common interests of all proprietors.As the majority of the owners of the property management service requirements becoming stronger and stronger,the owner autonomous management capabilities also need to be improved.Basing on the condominium ownership of buildings,the owner autonomy system involves many main bodies and their rights and obligations,such as the proprietors,the house-owner convention,the owners’committee.In the process of autonomy governance,the autonomy group has to keep touch with the other civil subjects,such as the property management companies,construction companies,maintenance outsourcing companies,the banks of the maintenance funds in civil activities.However,at present,the legal status of owner autonomous groups positioning in our country is not clear.The rights and the obligations between autonomous management and property services cannot be balanced.The civil liability is difficult to be implemented.The autonomous institutions lack of necessary supervision mechanism.The autonomous system lacks of incentive mechanism for the members.These actual problems and contradictions point out the defects and deficiencies in our existing owner autonomous management pattern on the legislative design.In the process of owner autonomous management,property management related laws separate the property management rights from the property rights through legislation.And this theory is similar to the "two powers" separation theory from the company law.Learning from mature corporate governance model and starting from the "two powers" separation theory,we can apply the shareholders,shareholders’congress,directors,supervisors and managers model to the owner autonomous management.Through redefining the legal relationship、rights and obligations between the proprietors,the owner group,the house-owner convention,the owners’committee and property companies,and the introduction of a new board of supervision system,third party service mechanism,all these methods will help to promote the operation and the development of the owner autonomous management.