How to deal with the decisions of owners' congress and owners' committee in violation of laws and regulations

How to deal with the decisions of owners' congress and owners' committee that violate laws and regulations? Theoretically, it conforms to the property law and other legal provisions: 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 addition, the owners' committee can convene an interim owners' meeting after more than 20% of the owners propose and sign (that is, if more than 20% of the owners propose and sign, the owners' committee will not be convened and you will not move).

However, the judicial practice is not satisfactory. For example, a few years ago, in Shanghai, where the rule of law was relatively good in the whole country, the community industry committee held a meeting of owners (voting meeting) to raise property fees, and finally issued an announcement. Only half of the owners violated the provisions of Article 76 of the Property Law that "the owners whose proprietary parts account for more than two-thirds of the total construction area and more than two-thirds of the total number of owners shall agree" (referred to as "one-half"). Moreover, Zhang Tingchang, the civil court of Hongkou District People's Court in Shanghai (also the presiding judge of this case) immediately stated that "the illegal act should be revoked". In the case of proof and prosecution by the owner's representative, but in the case of conclusive evidence, due to the intervention of the local housing authority, once the case is won, the property fee of a large residential area in the region will be affected. The judge even suggested that unrelated neighborhood committees, housing management departments, property companies and industry committees forge evidence and collect property fees. After the first and second trials (final), all the industry committees won the case. The reason for winning the case is the task of the Civil Procedure Law: Article 2 The task of the Civil Procedure Law of People's Republic of China (PRC) is to ensure that the parties exercise their litigation rights, ensure that the people's courts find out the facts, distinguish right from wrong, correctly apply the law, hear civil cases in time, confirm the relationship between civil rights and obligations, sanction civil violations, protect the legitimate rights and interests of the parties, educate citizens to consciously abide by the law, maintain social and economic order, and ensure the smooth progress of socialist construction. Contrary to it and abandoned is the principle of the Civil Procedure Law: Article 7 In trying civil cases, the people's courts must be based on facts and take the law as the criterion.

Therefore, it is not so easy to fight the lawsuit of "handling the violation of laws and regulations by the owners' assembly and owners' committee". The rule of law in China is still subject to power.