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

See all articles by Lei Chen

Lei Chen

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law

C. G. van der Merwe

University of Aberdeen - School of Law

Date Written: November 13, 2008

Abstract

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

Suggested Citation

Chen, Lei and van der Merwe, C. G., Reflections on the Role of the Managing Agent in South African and Chinese Sectional Title (Condominium) Legislation (November 13, 2008). Journal of South African Law (TSAR), No. 1, 2009 . Available at SSRN: https://ssrn.com/abstract=1300831

Lei Chen (Contact Author)

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law ( email )

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong

C. G. Van der Merwe

University of Aberdeen - School of Law ( email )

Taylor Building
King's College
Aberdeen, Scotland AB24 3UB
United Kingdom

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