Can the owners' committee sue the owners?

Under certain circumstances, with the authorization of the owners' congress and in compliance with relevant laws and regulations, the owners' committee may sue the owners.

I. Duties and powers of the owners' committee

As the executive body of the owners' congress, the owners' committee is mainly responsible for implementing the decisions of the owners' congress, supervising the operation of property management and safeguarding the legitimate rights and interests of owners. But this does not mean that the owners' committee has unlimited power, and its behavior must be carried out within the scope authorized by laws and regulations and the owners' congress.

Second, the possibility of the owners' committee suing the owners.

It is rare for the owners' committee to sue the owners, which usually involves serious problems, such as the owners' serious violation of property management regulations, infringement of the legitimate rights and interests of other owners, or refusal to pay property fees. In these cases, the owners' committee can choose to solve the problem through legal channels according to the authorization of the owners' congress and relevant laws and regulations.

However, it should be noted that it is not the first choice for the owners' committee to sue the owners. In practice, owners' committees usually try to resolve disputes with owners through consultation and mediation. Only when other ways can't solve the problem, and in line with relevant laws and regulations, the owners' committee will consider suing the owners.

Third, the constraints and restrictions of the owners' committee.

Although the owners' committee has certain powers and responsibilities, its behavior is also bound by laws and regulations and the authorization of the owners' meeting. The owners' committee cannot sue the owners at will, and must ensure that its actions comply with laws and regulations and the decisions of the owners' meeting. Otherwise, the owners' committee may face legal responsibility and the accountability of the owners' meeting.

To sum up:

Under certain circumstances, with the authorization of the owners' congress and in compliance with relevant laws and regulations, the owners' committee may sue the owners. But usually, the owners' committee prefers to settle disputes with the owners through negotiation and mediation. Therefore, in actual operation, the owners' committee needs to exercise its power carefully to ensure that its behavior is legal and compliant.

Legal basis:

property management regulations

Article 1 1 stipulates:

The owners' congress and the owners' committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management.

If the decision made by the owners' congress or the owners' committee violates laws and regulations, the real estate administrative department of the district or county people's government or the neighborhood office or the Township People's government where the property is located shall order it to correct or revoke its decision within a time limit and notify all the owners.

People's Republic of China (PRC) Civil Code

Article 286 stipulates that:

Owners shall abide by laws, regulations and management regulations, and relevant behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.

The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees.

If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.