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In the process of setting up the owners' committee, disputes and disputes are very common, and some owners question the illegality of the election process and the problems with the ballots, and then sue the owners' general meeting to revoke the resolution to establish the owners' committee. However, the court will not accept such a claim, and the owners will be puzzled, why can't the disputes in the owners' meeting and the owners' committee election be prosecuted? What if it can't be resolved through legal means? I'll talk about this in detail today.
To be precise, it is not that the disputes in the election of the owners' meeting and the owners' committee cannot be resolved through legal means, but that these disputes do not belong to the people's courtscivil casesThe scope of acceptance, of course, will not be accepted if you go to the civil division of the court to file a case.
According to the interpretation of Article 277 of the Civil Code, the Leading Group for the Implementation of the Civil Code of the Supreme People's Court does not stipulate that disputes in the election of owners' meetings and owners' committees fall within the scope of civil cases accepted and heard by the people's courts. Owners do not have the right to sue, and if they have any objections to the matters in the election of the owners' general meeting and the owners' committee, they shall apply to the relevant administrative department for resolution.
Therefore, if the relevant owner files a civil lawsuit with the court on this ground, the court shall, in accordance with the provisions of the Civil Procedure Law, inform the parties to apply to the relevant administrative organ for resolution, and if the party insists on filing a lawsuit, it shall rule to dismiss the lawsuit on the basis that it does not comply with the provisions of the Civil Procedure Law on prosecution and acceptance.
There are many cases in the above situation, such as the (2023) Shaanxi Min Shen No. 1565 ruling, Gu Moumou, the owner of No. 1 Compound in Baoji City, believes that the resolution passed by the owners' meeting on July 13, 2019 to elect the establishment of the second property committee infringes on her rights and interests as an owner, and requests to be revoked. After the first and second trials, both rejected the lawsuit of the review XX, and after the retrial, the Shaanxi High Court again rejected the lawsuit.
If a civil case of such a dispute is not accepted, can an administrative lawsuit be filed? However, the owners' meeting or the owners' committee are not administrative organs, and administrative lawsuits will not be filed. Then directly sue the neighborhood office and ask the neighborhood office to revoke the illegal business committee, the street office is the first dispatched organ, in line with the identity of the defendant in the administrative lawsuit, and the street office is responsible for the whole process of the election of the business committee. The neighborhood office is very important in the process of electing the business committee, but the business committee is an autonomous organization of the owners, and the business committee is not approved by the street office, although the street office is responsible for the whole process of the establishment of the business committee, its role is to guide and supervise, and the record with the street office after the election of the business committee is only a notification act, but it is not a legal procedure for the establishment of the business committee, and the street office has no right to revoke the business committee, so it is not possible to file an administrative lawsuit directly with the street office.
This is not good, that is not good, the owners have nothing to do about the illegal acts in the election process of the owners' committee? Of course not. The Leading Group for the Implementation of the Civil Code of the Supreme People's Court has clearly stated that "if there is any objection to the matters in the election of the owners' general meeting and the owners' committee, it shall apply to the relevant administrative department for resolution." ”
The owner can complain to the district, the Letters and Visits Bureau and other departments about the non-compliance with the procedures and irregularities in the election of the business committee, and if there is evidence of fraud, illegality, power-for-money transactions, etc., they can directly report to the Commission for Discipline Inspection and Supervision and other departments. Who is the target of the complaint or report? Of course, it is the street office, and the street office is responsible for the guidance and supervision of the whole process in the election process of the business committee, and serves as the leader of the preparatory group, so the street office has an unshirkable responsibility for any problem in the election.
Some owners may say that it is useless, and we have reported it to the relevant departments and do not care at all, or reply to us that there is no problem in the election. At present, the state attaches great importance to the situation reported by the people at the grassroots level, and will accept it and give a reply within the specified time. If the owner is not satisfied with the reply, he can apply for administrative reconsideration, or he can directly file an administrative lawsuit, because this is a specific administrative act, and an administrative lawsuit can be initiated.
Yes, the current national laws and regulations on the business committee are not perfect and unsound, and the experience of the owners to solve the problem is also relatively difficult, but the road ahead is difficult, we must unite and persevere in order to protect our legitimate rights and interests. As long as we stay the course, victory will be ours.
Owners & Properties