The Developer’s Role in the Surging Chinese Condominium Housing: Through the Comparative Lens of the US System
20 Pages Posted: 25 Sep 2010 Last revised: 14 Oct 2013
Date Written: September 24, 2010
Although the Chinese Property Code of 2007 has formalized condominium ownership first ever, the minimal provisions regulating developers in creating condominium projects are incompatible with the crucial role they play. This oversight in Chinese law has been the root cause for many problems and disputes with management and their administrative practices. This paper will explore a wide spectrum of roles the developers play in the planning, construction and management of condominiums in China. This paper undertakes a critical analysis comparing current Chinese practices with the American Uniform Common Interest Ownership Act. It is concluded that developing rules to better regulate developers is crucial for purchasers and provide legal certainty and predictability.
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