业主委员会的主体资格分析

Main body qualification analysis of owner's committee

物业管理作为房地产市场的消费环节,实际上是房地产开发的延续和完善,是在房地产开发经营中为完善市场机制而逐步建立起来的一种综合性经营服务方式。近年来物业管理在我国一出现便显示出强大的生命力,并蓬勃地发展起来,但是由于房地产市场的各项法律法规还不健全,目前我国物业管理还处在一个萌芽状态,发展还不成熟。物业管理是通过业主管理组织实现其职能,因此业主大会和业主委员会的主体定位是物业管理行业健康发展的一个重大核心问题。准确科学地为业主管理组织定位,特别是明确业主委员会的主体地位和作用,是我国物业管理企业专业化管理与建立业主自治自律相结合的物业管理体制必不可少的法律保障,也是减少物业管理纠纷、培育和规范物业管理市场的前提条件和必然要求。

The estate management, as the consumption links of market of the real estate, in fact it is continuity and completion of development of real estate, it is a set up while developing in the real estate progressively for improving the market mechanism that manages the method of service comprehensivly. The estate management demonstrates the strong vitality in our country once appearing in recent years, and the flourishing ground is developed, but because every laws and regulations of the market of real estate are still imperfect, the estate management of our country is still in a bud at present, it is still immature to develop. The estate management realizes its function through owner＇s management organization, so owner conference with owner subject of committee it makes a reservation to be a great key question of sound development , trade of estate management ,. Accurate science make a reservation for owner management organization , define owner subject status and function of committee, it is enterprise＇s specialization of estate management of our country that manages and sets up owner autonomy and contains the legal guarantee of the property combined with essential management system by oneself, reduce the estate management dispute, fosters and standardizes the precondition of the market of estate management and must be required too.