小区业主资格探析

Discussion on Qualifications of Property Owners of Residential Quarter

《最高人民法院关于审理建筑物区分所有权纠纷案件具体应用法律若干问题的解释》和《最高人民法院关于审理物业服务纠纷案件具体应用法律若干问题的解释》对业主之外的物业使用人的权利义务作出了规定,这将有助于改变小区物业管理的混乱局面,但相关的规定还不够细致。借助国内外立法例的经验,结合我国的实际情况,应区分房屋所有权人之外的相关物业使用人在小区物业管理中的权利义务:房地产开发商不应具有业主资格,承租人的业主资格可区别对待,赋予专有使用权人代表以业主资格。

Rights and obligations of property users （except property owners） have been regulated in Supreme People＇s Court＇s Interpretations on Some Concrete Legal Issues in Trying the Dispute Cases of Determination of Ownerships of Buildings and Supreme People＇s Court＇s Interpretations on Some Concrete Legal Issues in Trying the Dispute Cases of Property Management Disputes. The implementation of these two interpretations would help to ameliorate the disorder situations of property management of residential quarters. But the relevant regulations are inadequate. By combining Chinese current real situations with experiences of legislative patterns at home and abroad, rights and obligations of relevant property users （except property owners） should be distinguished. They are as following： Chinese real estate developers do not enjoy qualifications of property owners, renters could conditionally enjoy qualifications of property owners, which is decided by their leasing contracts, and delegates of exclusive right owners could be granted qualifications of property owners.