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What if the industry Committee fails to perform its duties?
If the decision made by the owners' congress or the owners' committee violates laws and regulations, the real estate administrative department of the district or county people's government or the neighborhood office or the Township People's government where the property is located shall order it to correct or revoke its decision within a time limit and notify all the owners.
1. The owners' committee is elected by the owners' meeting and consists of an odd number of people from 5 to 1 1. The owners' committee shall perform its duties according to law. Regular meetings of the owners' congress shall be held regularly in accordance with the rules of procedure of the owners' congress. Upon the proposal of more than 20 owners, the owners' committee shall convene an interim meeting of the owners' congress.
2. If a member of the owners' committee violates the relevant rules and regulations, it shall be proposed by more than one third of the members of the owners' committee or the owners holding more than 20 voting rights, and then the owners' assembly or the owners' committee shall decide whether to terminate their membership according to the authorization of the owners' assembly, and make a written announcement in the property management area.
3. The owners can obtain the support of the county real estate administrative departments or subdistrict offices and township people's governments where the property is located, convene the owners' meeting, perform relevant formalities under the organization of the competent departments, and go through the filing formalities in written form with the county real estate administrative departments, subdistrict offices and township people's governments where the property is located.
Legal basis:
"Property Management Regulations" Article 19 The owners' congress and the owners' committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management. If the decision made by the owners' congress or the owners' committee violates laws and regulations, the real estate administrative department of the district or county people's government or the neighborhood office or the Township People's government where the property is located shall order it to correct or revoke its decision within a time limit and notify all the owners.
People's Republic of China (PRC) Civil Code:
Article 280 Effectiveness of Decisions of Owners' Congress and Owners' Committee Decisions of Owners' Congress and Owners' Committee are legally binding on owners. If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.
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