How to overturn the decision of the owners' Committee

Legal analysis: the decision of the owners' committee has harmed the legitimate rights and interests of the owners. You can apply to the people's court for cancellation. If the decision violates laws and regulations, it may be revoked administratively.

Legal basis: Article 78 of People's Republic of China (PRC) Property Law. If the decision made by 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 revoke 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.

If the decision made by the owners' meeting in the second paragraph of Article 19 of the Property Management Regulations violates laws and regulations, the district/county people's government's real estate administrative department or the neighborhood office or the Township People's government where the property service enterprise is located shall order it to correct or cancel its decision within a time limit and notify all the owners. This so-called "revocation" is a revocation in administrative law. The revocation organ is the real estate administrative department of the district or county people's government where the property service company is located as an administrative organ, or the sub-district office or the township people's government.