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How to overthrow the current owners' committee?
Conditions for the establishment of the owners' committee: the occupancy rate is above 50%; The first batch of properties have been delivered for 2 years, and the occupancy rate exceeds 30%; The first batch of properties has been delivered for 3 years. The members of the owners' committee are elected by the owners' meeting, and consist of 5 to 1 1 person.
What is the form of the owners' committee?
1, elected by the owners or owners' meeting, and produced according to the procedures in accordance with the Civil Code, property management regulations and local relevant measures;
2. For large-scale residential quarters, the owners first elect their own industry committees according to the buildings, and then the industry committees elect representatives to form a centralized industry committee; The Committee thus formed is mainly responsible for the management of buildings; The floor committee is responsible for the management of * * * in the building.
Legal basis:
People's Republic of China (PRC) property right law
Article 78 If the decision of 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 cancel it. Owners may bring a lawsuit to the people's court in accordance with the law on their legitimate rights and interests. Article 12 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings makes it clear that if an owner requests the people's court to cancel the case on the grounds that the decision made by the owners' assembly or the owners' committee infringes upon his legitimate rights and interests or violates the procedures prescribed by law, he shall do so within one year from the date when he knows or should know that the owners' assembly or the owners' committee has made a decision.
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