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裁判要点业主委员会是业主管理其物业的自治组织,其成员由业主大会选举产生,实行任期制,主任、委员人员变更应当依法到政府主管机构备案,备案机构应当对业主委员会申请材料进行形式上的审查。本案,业主委员会更换主任议事程序严重违法,备案机构未对被免主任反映情况进行核查而进行备案,法院判决撤销行政机构备案决定。
Referee points The owners committee is the owners of self-government organizations to manage their properties, its members elected by the owners of the general assembly, the implementation of the term of office, director, member changes should be based on the law to the competent government agencies for the record, filing agencies should be the owners of the application materials for formal Review. In the present case, the procedures for changing directors of owners’ committees were serious and illegal. The filing agencies did not conduct verification on the situations reflected by the director-in-charge for recordation. The court decided to revoke the filing decision by administrative organs.