Can the owners' committee become the subject of litigation?

1, which is not clearly stipulated in this law. According to the principle of civil law, it is qualified to be the subject of litigation.

2. The second paragraph of Article 78 of the promulgated Property Law stipulates: "If the decision made by the owners' assembly or owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it." In other words, the owners' committee can be sued as a defendant.

3. Article 83 of the Property Law stipulates: "The owners' assembly and the owners' committee have the right to require the actors 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, raising animals illegally, building illegally, occupying the passage and refusing to pay property fees". That is, the owners' committee has the right to file an infringement lawsuit as a plaintiff.

4. Judicial practice has proved that the owners' committee has the qualification of litigation subject. The owners' committee is other organizations stipulated in the Civil Procedure Law. According to the Supreme People's Court's reply on "Request for Instructions on whether Jinhu New Village Owners' Committee has the qualification of civil litigation subject" (Minlitazi No.46, 2002), according to Article 49 of People's Republic of China (PRC) Civil Procedure Law and Article 40 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of People's Republic of China (PRC) Civil Procedure Law, Jinhu New Village Owners' Committee conforms to "other organizations". If the real estate development unit fails to hand over the planning drawings of residential areas and other materials to the owners' committee, and fails to provide supporting public facilities, special expenses for public facilities, maintenance expenses for public parts, property management houses and commercial houses, it may bring a lawsuit in its own name. Article 49 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that "citizens, legal persons and other organizations may be parties to civil litigation". The Supreme People's Court's "Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)" stipulates in Article 40 that other organizations as stipulated in Article 49 of the Civil Procedure Law refer to organizations established according to law, which have certain organizational structure and property, but do not have legal personality.