业主团体诉讼主体地位研究——兼评《建筑物区分所有权司法解释》第10条

The Study on the Status of Owner Group as the Subject of Litigation——Comments on Articles 10 of Judicial Interpretation of the Division of Building Ownership

业主将住宅改变为经营性用房的,本栋建筑物内的其他业主构成业主团体。其具有不同于业主大会和业主委员会的特殊地位,应当在程序上赋予其诉讼主体地位,从而使业主团体以其自己的名义进行诉讼,行使维护本栋建筑物内其他业主请求排除妨害、消除危险、恢复原状或者赔偿损失的权利。

If a residence in a building is used for commercial purpose by its owner, other owners of this building form an owner group. Different from owners meeting and owners committee, this group should be taken as a subject of litigation in procedure so that it can execute legal action in the name of itself to maintain its member owners＇ rights for nuisance abating, danger eliminating, original state restoring and loss compensating.