The owners' committee of a residential area decided to demolish the fitness area in the garden of the residential area and build a coffee shop for rent, and the rent obtained was used as the fixed "management salary" for the members of the owners' committee. This decision was opposed by most owners. So, how does the law stipulate this?
The lawyer replied.
In this case, the decision of the owners' committee obviously violated the legitimate rights and interests of other owners. So once this happens, how can other owners protect their rights and interests?
According to the 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. 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 where the property is located shall order it to correct or cancel its decision within a time limit and notify all the owners.
If the owner requests the people's court to cancel the decision made by the owners' congress or the owners' committee on the grounds that it infringes on his legal rights or violates the procedures stipulated by laws and regulations, he shall exercise it within 1 year from the date when he knows or should know the decision made by the owners' congress or the owners' committee.
Legal link
property management regulations
Nineteenth owners' congress and 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.