A uniform condominium statute for China based on a comparative study of the South African Sectional Titles Act and American Uniform Common Interest Ownership Act
Thesis (LLD (Private Law))--Stellenbosch University, 2008.
The objective of this study is to examine the significance of introducing and strengthening apartment ownership in China. The research aims to explore and scrutinize various apartment ownership options from selected jurisdictions in order to provide a framework for similar legislation in China. Hence, the research seeks to provide a legislative framework for a uniform condominium statute by closely examining the South African Sectional Titles Act and the American Uniform Common Interest Ownership Act. This comparative study will help to establish a uniform condominium statute suitable to the Chinese national character and compatible with the pace of the country’s economic development. The thesis is organized into seven chapters. The first chapter explains the research topic, theoretical basis of the thesis, and research methodology. Moreover, in this chapter the historical background and status quo of Chinese condominium institution are also illustrated. Following this introduction, Chapter Two explores the theoretical structure of condominium ownership. It depicts the legislative innovation arising from its sui generis features and explains the objects of condominium ownership on the basis of its unique definition. In Chapter Three, a wide spectrum of provisions is identified pertaining to the creation of condominium in China with reference to South African and American acts. Specifically, it observes the requirements for land intended for subdivision and the buildings that comprise a condominium project. It is highlighted that a condominium’s constitutive document is unregulated in China. Moreover, the characteristic Chinese land registration procedure is also presented. Chapter Four demonstrates the significance of the participation quota and analyzes the advantages and disadvantages of different participation quota calculating methods. Chapter Five emphasizes that inherent in the condominium living is the interdependence of interests among unit owners. Consequently, this chapter focuses on condominium owners’ use and enjoyment of their apartments and the common property. Chapter Six elaborates on condominium management. This chapter examines the management body, the general meeting, the executive council and the managing agent. It concludes that having a well-structured management body is essential since a condominium community cannot function efficiently without a management association to represent all of the owners and to handle day-to-day operations. The last chapter concludes that China needs to enact a uniform condominium to protect private interests within the condominium context.