试析业主委员会的性质及其法律地位

业主大会是业主对物业行使管理权的最高权力机关,有关共有和共同管理的重大事项均由业主大会决定,其权利基础是业主对物业的所有权。而业主委员会是业主大会的常设机构,其职责是代表全体业主执行业主大会的决定,维护全体业主的利益,实现共有物业的管理权。业主委员会的权利基础来源于业主的授权。业主委员会既不是法人组织,也不能独自作为民事诉讼主体,只是由业主大会或业主代表大会从全体业主中选举产生,经政府物业行政主管部门批准成立的代表物业全体业主合法权益的自治管理组织。

On the Nature Of the Commission and the Owners Of the Legal Status

Owners of the property owners the right to exercise the highest authority,the total and co-management by the owners of the major issues the General Assembly decided that the basis of their rights of ownership of property owners.Owners and owners of the Committee is a permanent organ of the General Assembly,whose role is to implement the owners on behalf of all owners of the General Assembly decided that the interests of all of the owners to maintain and achieve a total management of the property.The basis of the Commission on the rights of property owners from the authority of the owners.Owners of the Committee is neither a corporate body,can not alone as the main civil proceedings only by the owner or owners on behalf of the General Assembly from the General Assembly elected by all the owners,the property by the Government approved the establishment of administrative departments on behalf of the legitimate rights and interests of property owners of all the autonomous management organizations.