What is the binding force of the decision of the owners' meeting or owners' committee on the owners?

1. Is the decision made by the owners' meeting or owners' committee binding on the owners?

Decisions made by the owners' congress or the owners' committee are binding on the owners. According to Article 280 of the Civil Law of People's Republic of China (PRC), the decisions made by the owners' assembly or the owners' committee are legally binding on the 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. The decision of the owners' congress or the owners' committee shall be published in written form in the property management area in a timely manner.

Second, the obligations of the owners' committee

1. Report to the owners' meeting;

2. Implement the resolutions passed by the owners' meeting and accept the supervision of the owners;

3. Implement and urge owners to abide by relevant laws and policies such as property management, and assist property management enterprises to implement various management work;

4. Accept the supervision and guidance of government administrative agencies, and implement the instructions and requirements put forward by government departments for this property management;

5. The decisions made by the owners' committee shall not violate the laws, regulations and policies, the decisions of the owners' congress or the interests of the owners.

Third, the difference between the owners' congress and the owners' committee.

1. Owners' meeting: refers to the decision of all owners in the same property management area under the guidance of the real estate administrative department of the district or county people's government where the property is located; And set up the owners' committee through election.

2. Owners' Committee: a non-governmental organization composed of owners' representatives elected by all owners, representing the interests of owners, reflecting the wishes and requirements of owners to all sectors of society, and supervising the management and operation of property management companies.

Legal objectivity:

Article 12 of the Property Management Regulations

The meeting of the owners' congress may take the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area. The owner may entrust an agent to attend the meeting of the owners' congress. The owners' meeting decides the matters specified in Item (5) and Item (6) of Article 11 of this Ordinance, which shall be agreed by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number; Other matters stipulated in Article 11 of these regulations shall be decided by the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people. The decisions of the owners' congress or the owners' committee are binding on the 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.