Does the owners' committee have the qualification of litigation subject?

The owners' committee is qualified as the subject of civil litigation.

The legal basis is as follows:

Notes on the establishment of the owners' assembly and owners' committee in Article 75 of the Property Law: "The owners' assembly is the owner's autonomous organization and the management organization of buildings and their ancillary facilities in the building area, which can exercise the right of * * * and the joint management right of * * * on behalf of the owners, and restrict the owners in the residential area from exercising the ownership of exclusive parts to safeguard the legitimate rights and interests of all owners in the building area".

Article 83 of the Property Law stipulates that the owners' committee and the owners' assembly have the right to require the perpetrator to stop the infringement, remove the danger, remove the obstruction and compensate for the losses in accordance with laws, regulations and management regulations for acts that damage the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise. All these legal provisions show that the owners' committee has the qualification of litigation subject. "

Extended data:

Although the Property Management Ordinance does not clearly stipulate the civil subject qualification of the owners' committee, from the aspects of its establishment, responsibilities and related property laws and regulations, the owners' committee should be an unincorporated organization because

1, which was established in accordance with the law and filed with the government housing management administrative department;

2. It is the executive body of the owners' congress, signing and performing contracts related to property management with property management enterprises on behalf of the owners and the owners' congress;

3, accept legal supervision according to law, on behalf of the owners to complain about the behavior in the property management activities;

4. Occupy and control the common parts and equipment of the property. Since the laws and regulations give the owners' committee corresponding rights and obligations within a certain scope, it should have its litigation status in the corresponding civil legal relationship, and the two must be unified.

According to the Supreme People's Court's "Reply on whether the Owners' Committee of Chunyu Garden has the qualification of civil litigation subject" ([2005] Minli Dazi No.8) dated August 2005 15, "According to the Property Management Regulations, the Owners' Committee is the executive body of the owners' meeting, and all owners should bear the legal consequences arising therefrom.

When there is a civil dispute between the owners' committee and others, it may participate in the proceedings as a defendant.

References:

China Court Network-Does the Owners' Committee have the qualification of litigation subject?