Hotel property owes rent to the owner, can the industry Committee sue on behalf of the owner?

The responsibility of the owners' committee determines that it is a qualified subject in the litigation involving the field of property management. Article 19 of the Regulations on Property Management stipulates that the owners' congress and the owners' committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management. Therefore, as a community organization of owners, the owners' committee has the responsibility to represent and safeguard the legitimate rights and interests of owners in property management activities. In the litigation caused by disputes over property management activities, the owners' committee is the qualified subject. Of course, when the owners' committee exercises this right, it must be based on the authorization of the owners' congress.

According to the relevant provisions of the Property Management Regulations, this paper holds that the owners' committee can participate in litigation as a plaintiff in four situations:

1, the property service enterprise violates the contract and damages the owner's rights and interests;

2. The owner decides to terminate the realty service contract in advance, and the realty service enterprise refuses to quit;

3. When the realty service contract is terminated, the realty service enterprise refuses to hand over the realty management house and the information specified in the first paragraph of Article 29 of the Property Management Regulations to the owners' committee;

4. Other circumstances that damage the rights and interests of all owners.

At present, in practice, the people's court should recognize the owners' committee as the general litigation subject when trying disputes. However, in judging whether the owners' committee is a qualified subject in a specific case, we should focus on the following points:

1. Whether the establishment of the owners' committee conforms to the legal procedures. The owners' committee is established according to law, elected by the owners' congress and registered by the real estate administrative department;

2, whether the owners' committee filed a lawsuit after the owners' congress (owners' congress) authorization. It is an expedient measure at this stage for the owners' Committee to admit its qualification as the subject of litigation. In order to prevent the owners' committee from abusing its power, every time the owners' committee files a lawsuit, it must be decided by the owners' congress or the owners' congress to ensure that the lawsuit filed by the owners' committee reflects the true meaning of most owners in procedure.

3, whether it belongs to the scope of property management disputes. The owners' committee shall not bring a lawsuit beyond its scope of duties.

4, whether it involves the public interests of all owners. The qualification of the owners' committee as the subject of litigation has its limitations. Not all owners' committees are eligible subjects of all lawsuits. In the legal relationship of property management, the owners' committee exercises rights on behalf of the owners' congress. In property management disputes, the owners' committee can become the subject of litigation and exercise the right of action for some disputes in the management process. However, the owners' committee cannot be the subject of tort litigation or property right disposal.