[Direct answer]In the Beijing area, owners who have been infringed upon can request the court to revoke the decision within one year. Decisions made by the owners' assembly or owners' committee are binding on all owners; but according to Article 280 of the Civil Code, if the decision infringes the legitimate rights and interests of the owners, the owners who have been infringed upon may request the people's court to revoke it. The circumstances that can be revoked include both content that is illegal or violates the management rules and procedures that are illegal, such as not holding a meeting in accordance with the law, not giving notice in accordance with the law, voting methods or ratios that do not comply with regulations, and forging signatures. The right of revocation shall be exercised within one year from the date when the owner knows or should know that the decision has been made. Otherwise, the right of revocation will be extinguished. Therefore, if owners find that the resolution infringes their own rights and interests, they should fix the evidence as soon as possible and sue within the time limit.

I. Problem Background and Typical Scenarios

The residential community passed a resolution to increase property fees, convert two-dimensional parking spaces into three-dimensional ones, use maintenance funds, and adjust the use of common areas. However, some owners didn't receive any notice in advance, or believed that the voting didn't meet the legal quorum, and even suspected that the signatures were forged. Faced with the resolution that has already taken effect, owners don't have to just passively accept it. The law grants aggrieved owners the right to request its revocation, but they must seize the opportunity and use the right arguments.

II. Key points of dispute

First, the scope of grounds for revocation, that is, how to determine procedural violations and content violations. Second, whether the plaintiff is qualified and whether he/she must be an owner whose rights have been infringed. Third, the commencement and nature of the one-year revocation period. Fourth, the legal consequences after the resolution is revoked.

III. Professional analysis by Henglue Lawyers

First layer, legal basis: Article 278 of the Civil Code stipulates the scope and voting requirements for matters decided jointly by owners. Major matters such as raising and using maintenance funds and rebuilding ancillary facilities require the participation of more than three-quarters of the owners by floor area and number, with more than three-quarters of the participating owners voting in favor. General matters require a simple majority. Article 280 stipulates that decisions are binding on owners, and owners who are infringed upon may request their rescission. Second layer, common grounds for rescission: Failure to convene and notify according to legal procedures, insufficient voting ratios, forged or signed-for voting opinions, resolutions that violate mandatory legal provisions or management regulations, or obvious infringements of specific owners' legitimate rights. Third layer, subjects and timeframes: The right of rescission is exercised by owners whose legitimate rights are infringed, and must be raised within one year from the date they learn or should have learned of the decision. This period is a preclusive period, not subject to suspension or interruption. If the time limit is exceeded, the right expires. Fourth layer, evidence and consequences: The plaintiff shall prove their ownership status and infringed rights, and submit meeting notices, announcements, voting records, signature lists, and resolution texts. After the court rescinds the resolution, the resolution shall be legally non-binding from the outset, and the relevant matters shall be redetermined in accordance with legal procedures. Henglue Tip: Owners should collect and preserve the original voting materials as soon as possible. Whether the voting ratio meets legal requirements is often the core of disputes. If necessary, they may apply for authentication of the authenticity of the signatures.

IV. Practical suggestions and legal basis

First, promptly collect evidence such as the resolution text, meeting notices, announcements, voting records, and signature sheets, and apply to review the original materials if necessary. Second, verify whether the voting matters fall within the scope of joint decision-making by owners and whether they comply with the statutory voting ratios and procedures. Third, file a lawsuit for owners' right of revocation with the people's court having jurisdiction within the one-year exclusionary period. Fourth, if there are objections to the voting signatures, apply for handwriting identification and request investigation and evidence collection. Main legal basis: Articles 278 and 280 of the Civil Code of the People's Republic of China (effective January 1, 2021); the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over the Right of Ownership of Buildings, regarding the owners' right of revocation. The specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

The three-sentence rule for owners' right of revocation: Only decisions that infringe owners' legitimate rights and interests can be revoked; both procedural violations and content violations can be used as grounds; and lawsuits must be filed within one year from the date of knowledge, otherwise the right will be extinguished. In cases involving owners' meeting resolutions and property disputes, litigation may be initiated through legal channels.Real estate transactions and construction projectsFor services that require an overall solution and involve resolving related contracts, the parties may cooperate on this matter.Business and contract disputes in enterprisesFor plates involving the execution of rights and interests, you can refer to the following for reference.Creditor's rights and debts, and enforcementFor any questions or difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Which resolutions can be revoked?

Any content that violates laws or management regulations, as well as procedural violations such as failure to notify in accordance with the law, insufficient voting ratios, and resolutions with forged signatures, may be revoked. However, it is generally difficult to revoke decisions that are merely unsatisfactory in terms of the outcome but comply with legal procedures.

Q2: What is the time limit for the owner's right of revocation?

Within one year from the date when the party concerned knows or should have known about the decision, it is the preclusion period, and the right of revocation will not be suspended or interrupted due to consultation or complaints. If the right of revocation expires after one year, the party concerned should file a lawsuit as soon as possible.

Q3: Can the resolution be revoked if the voting ratio is not sufficient?

It can serve as a ground for revocation. There are statutory voting ratios required for major and general matters respectively. If these ratios are not met, the court may determine that the resolution process is illegal and revoke the resolution accordingly.

Q4: Who is a qualified plaintiff?

The owner whose legitimate rights and interests have been infringed by the resolution must be the owner. If the owner claims to revoke the resolution, he/she shall prove his/her identity as the owner and explain how the resolution infringes his/her legitimate rights and interests.

Q5: What should we do with the parts that have already been executed after the revocation?

After the resolution was revoked, it was not legally binding from the beginning. The actions taken in accordance with the resolution should be restored to their original state or handled in another way. Any losses caused by this can be claimed from the relevant responsible parties in accordance with the law.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Legal services for the purchase and sale of real estate·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.