Research On The Legal Problems Of The Defective Resolution Of The Owners' Meeting

The owners manage their living environment and decide their own way of life by attending the owners' meeting and forming a resolution of the owners' meeting.But in reality,the resolution made by the owners' meeting is not always perfect,for example,the resolution will have flaws in the formation process.At present,there are many deficiencies in the provisions of the defective resolution of the owners' meeting in China.In order to prevent the defective resolution of the owners' meeting from damaging the legitimate interests of the owners,it is very important to perfect the defective resolution rules of the owners' meeting.Therefore,this paper will focus on the legal issues of the defective resolution of the owners' meeting.The paper is divided into four chapters:The first chapter is an overview of the defective resolution of the owners' meeting.This paper mainly studies the concept,nature,classification of the defective resolution of the owners' meeting and the determination of the effectiveness of the defective resolution of the owners' meeting.The second chapter is about the current situation and problems of the system of the defective resolution of the owners' Congress.By combing the current situation of the legislation on the defective resolutions of the owners' Congress in China,this paper points out that there are some defects or imperfections in the provisions on the non establishment,revocability and invalidity of the resolutions of the owners' Congress.The third chapter is the confirmation and analysis of the resolution of the owners' meeting which is not established due to defects.On the basis of clarifying the difference between the non establishment,revocability and invalidity of the resolution of the owners' meeting,the paper further analyzes the causes of the non establishment of the resolution of the owners' meeting.This paper holds that the reasons for the non establishment of the resolution of the owners' meeting should be serious procedural defects,mainly including theabsence of the owners' meeting,the failure to vote on the resolution,the number of people present at the meeting or the voting rights held by the owners do not conform to the provisions,and the voting results of the meeting do not reach the proportion agreed by the law or the owners.The fourth chapter is the analysis of revocable and invalid reasons for the defective resolution of the owners' meeting.This paper holds that the main reasons for the revocability of the resolution of the owners' meeting are the flaws in the convening,holding and voting procedures of the owners' meeting,the violation of the management regulations of the resolution,etc.,but the slight flaws in the resolution are not revocable.As for the invalidity of the resolution of the owners' meeting,the main reason is that the content of the resolution violates the mandatory provisions of laws and administrative regulations or the public order and good customs.