1. Are the decisions of the owners' congress and the owners' committee valid?

According to Article 280 of the Civil Law of People's Republic of China (PRC), the decisions of the owners' assembly or owners' committee are legally binding on the owners.

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.

Second, the rights and obligations of the owners' committee

The owners' committee is the executive body of the owners' congress, and its rights are:

(1) convene a meeting of the owners' congress to amend the owners' convention and the articles of association of the owners' committee;

(two) on behalf of the owners and property management companies selected by the owners' congress to sign a property service contract;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property management enterprises to perform the property service contract;

(4) Review the annual management work plan and annual expense budget;

(five) to supervise the construction and rational use of public facilities;

(6) Supervise the implementation of the owners' convention;

(seven) other duties entrusted by the owners' congress.

The obligations of the owners' committee are:

(1) Report to the owners' meeting;

(two) to implement the resolutions adopted by the owners' meeting and accept the supervision of the owners;

(three) to implement and urge the owners to abide by the relevant laws and policies such as property management, and assist the property management enterprises to carry out various management work;

(4) Accept the supervision and guidance of government management agencies, and implement the instructions and requirements put forward by government departments for this property management;

(5) The decisions made by the owners' committee shall not violate the laws, regulations and policies, the decisions of the owners' congress or the interests of the owners.

Third, the owner * * * has the right to decide how to vote?

After the establishment of the owners' committee, it will generally inform the owners of some needs, and it is also necessary for the property management company to restrain the relevant behaviors of the owners. Moreover, the owners' committee is generally established under the guidance of the local party branch, and the owners * * * vote on the matters decided by the owners whose exclusive parts account for more than two-thirds of the area, accounting for more than two-thirds of the owners.

On the basis of the current contract law, the draft civil code implements the spirit of comprehensively deepening reform, adheres to the maintenance of contracts, equal exchange and fair competition, promotes the free flow of goods and elements, and improves the contract system. The compilation of contracts stipulates the general rules such as the conclusion, validity, performance, preservation, transfer, termination and liability for breach of contract.

Legal objectivity:

"Measures for the administration of residential special maintenance funds" twenty-second.

Before the special maintenance funds for houses are handed over to the owners' congress for management, if the special maintenance funds for houses need to be used, it shall be handled in accordance with the following procedures:

(a) the realty service enterprise puts forward suggestions according to the maintenance and renovation projects; If there is no property service enterprise, the relevant owners will put forward suggestions for use;

(two) the exclusive part accounts for more than two-thirds of the total construction area and accounts for more than two-thirds of the total number of owners within the scope of the use of residential special maintenance funds;

(three) the realty service enterprise or the relevant owners organize the implementation of the use plan;

(four) the realty service enterprise or the host of the relevant industry holds the relevant materials and applies for the fee to the competent construction department of the local city or county people's government; Among them, the use of public housing residential special maintenance funds, to the department responsible for the management of public housing residential special maintenance funds for expenses.