我国《物权法》规定了业主可以对业主大会或业主委员会作出的侵害其权益的决定提起撤销之诉,但是,对于业主委员会的资格却没有明确的定性,这也直接导致了在实践中的许多操作障碍,业主委员会地位不清,缺乏有效监督等问题直接导致了对小区业主利益的侵害。因此,对业主委员会的资格作明确的界定十分有必要。 China’s “Property Law” provides that the owner may appeal against the decision made by the owners’ meeting or the owners’ committee against their rights and interests. However, there is no clear definition of the qualifications of the owners’ committees, which directly leads to many operations in practice Obstacles, the unclear status of the owners committee, the lack of effective supervision and other issues directly led to the interests of residential property owners. Therefore, it is necessary to make a clear definition of the qualifications of the owners’ committee.