1. Because the maintenance fund belongs to all owners of the community, if the developer misappropriates it, the community has set up an owners' committee, which can sue in the name of the community industry committee. The developer's behavior is illegal and infringement, and rights can be protected through legal channels.

2. Legal basis: Article 60 of the People's Republic of China (PRC) Property Management Regulations violates the provisions of these regulations and misappropriates special maintenance funds. The real estate administrative department of the local people's government at or above the county level shall recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income, and may impose a fine of less than 2 times the misappropriated amount; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.