现代住宅小区业主共有部分管理的疑难问题探析

Analysis on the Difficult Problems to the Common Parts of the Management in Modern Residential Community

共有部分的份额、相关费用的负担与民事责任的实现是现代住宅小区最为复杂的管理内容,相关权利义务是否公平直接影响到小区的和谐和业主间纠纷的解决。由于共有权是一种兼具多种共有形式的特殊共有,我国实践中对共有部分的持分与费用负担方式以及管理不仅缺乏公平与意思自治,而且相关规定过于原则,难以指导具体实践,导致小区的纠纷不断。现代住宅小区业主共有部分管理疑难问题的解决,应当在借鉴国外相关立法的基础上,以共有权的特征为依据完善相关规范,为构建团结、和谐的居住环境奠定基础。

The share of the common parts, the related costs and the realization of civil liability are the most complex contents of the management in the modem community. The rights and obligations directly affect the community harmony and the resolution of disputes between owners. Since the co-ownership is a multiple and special joint ownership, the practice to the share of common parts and expense and management not only lacks of faimess and autonomy, but also the relevant provisions are too fuzzy to guide practice, which lead to disputes constantly in the community. Therefore, we should be on the basis of foreign-related legislation, improve the related specifications that it is based on the characteristics of the co-ownership, and lay the foundation for building a united, harmonious living environment.