Reflections on the Role of the Managing Agent in South African and Chinese Sectional Title (Condominium) Legislation
Journal of South African Law (TSAR), No. 1, 2009
18 Pages Posted: 28 Dec 2010 Last revised: 14 Oct 2013
Date Written: November 13, 2008
In China, where condominium is the predominant form of housing due to the scarcity of urban land and high population density, the management of condominium schemes is chaotic because of a lack of a proper legal framework with regard to the appointment and functions of managing agents. In view of the statutory recognition of the condominium concept by the newly enacted Chinese Property Code, the promulgation of a detailed uniform condominium statute to fill the legislative gap is put on the agenda.The main focus of this paper is to provide suggestions through a comparative analysis of the South African experience of how China could efficiently regulate managing agent practices and the industry in a future condominium statute. Simultaneously, this paper aims to present South African lawyers with a better understanding of their own managing agent industry by comparing it with the unfledged Chinese situation.
Keywords: Condominium, Sectional Title Management, Managing Agent
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