How to deal with the owners’ meeting and the owners’ committee making decisions that violate laws and regulations? Theoretically, according to the "Property Law" and other regulations: if a decision made by the owners' meeting or the owners' committee infringes upon the legitimate rights and interests of the owners, the infringed owners can request the People's Court to revoke it. In addition, there may also be corrections where the owners committee convenes an interim owners meeting after more than 20% of the owners propose and sign it (even if more than 20% of the owners propose and sign it, the owners committee will not convene it, and you will not recruit it).

But this is not the case in judicial practice. For example, a few years ago in Shanghai, where the rule of law was still relatively good in the country, a community property committee held an owners' meeting (a voting meeting) to raise property fees. In the end, it issued an announcement that only a majority of the owners were the owners, which violated Article 70 of the Property Rights Law. Article 6 stipulates that "the owners whose exclusive parts account for more than two-thirds of the total area of ??the building and who account for more than two-thirds of the total number of owners must obtain the consent" (referred to as "double majority"), when the evidence is clear and Hongkou, Shanghai President Zhang of the Civil Court of the District People's Court (who was also the presiding judge of the case) immediately stated that "illegal acts should be dismissed." In this case, the owner's representative presented evidence to prosecute. However, when the evidence was conclusive, due to the local housing authority, Intervention: Once the lawsuit is won, it will affect the property fee issue of a large area of ????communities in the area. During the trial, the judge actually suggested that unrelated neighborhood committees, housing management departments, property companies and property owners committees forge evidence and treat the property fees that have been collected as The evidence overturned the evidence of the plaintiff owner. In all cases that passed the first instance and the second instance (final instance), the owners' committee won the case. The reason for winning the case is the mission of the Civil Procedure Law: Article 2 The mission of the People’s Republic of China and the Civil Procedure Law is to protect the parties’ exercise of litigation rights, ensure that the People’s Court ascertains the facts, distinguishes right from wrong, and correctly applies the law. Trial civil cases in a timely manner, confirm the relationship between civil rights and obligations, sanction civil violations, protect the legitimate rights and interests of parties, educate citizens to consciously abide by the law, maintain social order and economic order, and ensure the smooth progress of socialist construction. What is contradictory and abandoned is the principle of the Civil Procedure Law: Article 7 When hearing civil cases, the People's Court must base on facts and use the law as the criterion.

So it is not easy to litigate "handling the owners' meeting or the owners' committee's behavior that violates laws and regulations." The rule of law must still be subordinate to power in our country.