The Nature and Legal Status of Owners' Committee

"The owners' committee is an organization that represents all owners in the property management area to implement autonomous management of the property. The rights of the owners' committee are based on the owners' ownership of the property. On behalf of the owners, the owners' committee has the right to make decisions on all matters related to the property. Although the owners' committee is established according to law, it has certain organization and property. However, it does not have legal personality.

After the revision of the Property Management Regulations in 2007, the restriction that the industry committee is the executive body of the owners' meeting was abolished, and the "owners' committee" was standardized as "the owners' committee implements the owners' meeting". To become a civil subject, a social organization must have the status of a legal person or belong to other organizations, otherwise its behavior cannot be recognized and protected by law.

The owners' committee is not the legal representative and has no legal personality, so it is difficult to bring a lawsuit as a civil subject. It needs to hold a meeting of owners, reaching more than half of the exclusive area and the number of owners before it can be authorized to file a lawsuit.

Because the law does not give the owners' committee its due civil legal status, even if the owners' committee is established, the status of the entrusted property company is still stronger than that of the owners and the owners' committee as the clients.

The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.

It is of great significance to establish the legal status of "other organizations" of the owners' committee. First of all, it can solve the problem of the establishment of the property service contract signed by the owners' Committee on behalf of all owners in property management. Only when the subject of the contract conforms to the civil legal relationship can the contract be fully and effectively performed. Secondly, an important authority of the owners' committee is that the manager claims the right of claim on behalf of the management team or the owners in or out of litigation. If it can be clearly defined as "other organizations", it can be well connected with the approval of the Supreme Court, so as to clarify its litigation rights and better safeguard the rights and interests of owners.

Legal basis:

Article 277 of the Civil Code: Owners may set up owners' meetings and elect owners' committees. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations.

The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.