A uniform condominium statute forChina based on a comparative study ofthe South African Sectional Titles Actand American Uniform CommonInterest Ownership Act

[摘要] The objective of this study is to examine the significance of introducing andstrengthening apartment ownership in China. The research aims to explore andscrutinize various apartment ownership options from selected jurisdictions in order toprovide a framework for similar legislation in China. Hence, the research seeks toprovide a legislative framework for a uniform condominium statute by closelyexamining the South African Sectional Titles Act and the American Uniform CommonInterest Ownership Act. This comparative study will help to establish a uniformcondominium statute suitable to the Chinese national character and compatible withthe pace of the country's economic development.The thesis is organized into seven chapters. The first chapter explains the researchtopic, theoretical basis of the thesis, and research methodology. Moreover, in thischapter the historical background and status quo of Chinese condominium institutionare also illustrated.Following this introduction, Chapter Two explores the theoretical structure ofcondominium ownership. It depicts the legislative innovation arising from its suigeneris features and explains the objects of condominium ownership on the basis ofits unique definition.In Chapter Three, a wide spectrum of provisions is identified pertaining to thecreation of condominium in China with reference to South African and American acts.Specifically, it observes the requirements for land intended for subdivision and thebuildings that comprise a condominium project. It is highlighted that acondominium's constitutive document is unregulated in China. Moreover, thecharacteristic Chinese land registration procedure is also presented.Chapter Four demonstrates the significance of the participation quota and analyzesthe 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 focuseson condominium owners' use and enjoyment of their apartments and the commonproperty.Chapter Six elaborates on condominium management. This chapter examines themanagement body, the general meeting, the executive council and the managing agent.It concludes that having a well-structured management body is essential since acondominium community cannot function efficiently without a managementassociation 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 toprotect private interests within the condominium context.

[发布机构] Stellenbosch University