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Administrative Regulations of Shenzhen
Special Economic Zone on Management of Property of Residential
Quarters
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£¨Originally
adopted at the Twenty-third Meeting of Standing Committee of the
First Shenzhen Municipal
People' s Congress on June 18, 1994,
as revised in accordance with the Decision on Revision of
Administrative Regulations of Shenzhen Special Economic Zone on
Property
Management of Residential Quarters of the
Thirty-third Meeting of Standing Committee of the Second
Shenzhen Municipal People' s Congress
on June 30, 1999.£©
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Chapter
I General Provisions
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Article 1 In
order to strengthen the property management of residential
quarters of Shenzhen Special Economic
Zone (hereinafter referred
to as the "Special Zone" ), make clear the rights and
interests of
proprietors, the property management companies and
other relevant management agencies, safeguard the reasonable
use
of the property in residential quarters, maintain the public
order of residential quarters
and create favorable living
environment, these regulations are hereby formulated.
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Article 2
The "residential quarters" herein referred to the
residential districts where the majority
of the housing are
residences, equipped with counterpart public utilities and a few
non-residence
houses. The scope of residential quarters shall be
delimited by the residence administrative agency under the
Shenzhen Municipal People' s Government (hereinafter referred
to as the "Municipal Government" )
in consultation with other
concerned government agencies.
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The
"property" in these regulations referred to all types
of houses and buildings within
the residential quarters, and the
counterpart common and public utilities and equipment and public
places.
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The
"proprietors" in these regulations referred to the
owners of the residences and non-residence
houses within the
residential quarters. |
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Article 3
The public places and public utilities and equipment within the
residential quarters shall be used
and maintained jointly by all
the proprietors, leaseholders and other non-proprietor users.
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Article
4 The property management of
residential quarters shall be exercised in the management form
of combining
autonomy of proprietors and professional service
and combining territorial management and industrial management.
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Article
5 Proprietors and leaseholders
shall have right to participate in the property management of
residential
quarters and have the obligations of reasonably
using the houses and public utilities and equipment and
maintaining the public interests of residential quarters. |
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Article 6
The residence administrative agency under the Municipal
Government shall be the competent agency
in charge of the
property management of residential quarters of the Special Zone
(hereinafter referred
to as the "competent municipal
residential authority").
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The
competent residential authority of the people's governments of
various districts (hereinafter
referred to as the
"competent district residential authority" singly or
"competent
district residential authorities"
collectively) shall be the authorities in charge of property
management operation of residential quarters of their own
jurisdictional areas respectively and shall guide
and supervise
the property management operation of the residential quarters
within their own jurisdictional
areas according to law
respectively.
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Article
7 All residential quarters may
form a proprietors' committee each according to these
regulations.
Proprietors' committees shall accept the guidance
and supervision of the competent residential authorities at the
municipal and district levels. |
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Article
8 Property management companies
shall exercise management over the property in the residential
quarters
on a unified basis according to these regulations and
the entrustment of proprietors' committee. Each property
management company shall set up a residential quarter management
office in each residential quarter
under its management. |
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Chapter
II Proprietors General Meeting and Proprietors Committee
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Article
9 Where the residence rate of the
residential quarter reaches not less than 50% or as two full
years
elapses since the date of the first proprietor moves in
the residential quarter, the development and construction
unit
or the unit entrusted by it shall notify the competent district
residential authority timely,
then the competent district
residential authority shall convene the first proprietors'
general
meeting to elect the members of the proprietors'
committee and form the proprietors' committee within 6 months
upon the date receiving the notice, the development and
construction unit shall assist in the convention
of the
proprietors' general meeting. |
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In
the case of the residential quarter developed in phased
construction, upon application of the
proprietors who have moved
in the residential quarter and hold more than half of the votes
held
by the proprietors having moved in the residential quarter,
the competent district residential authority may convene
a
temporal proprietors' general meeting and form a temporal
proprietors' committee during the period
of phased development.
The rights and obligations of the temporal proprietors'
committee shall
be the same as those of the proprietors'
committee. |
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Article
10 A proprietors' general meeting
shall be composed of the proprietors of its own residential
quarter. |
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A
proprietors' general meeting shall only be convened when the
proprietors who have moved in the
residential quarter and hold
more than half of the votes held by the proprietors having moved
into
the residential quarter are present at the meeting.
Proprietors may entrust consignee to be present at the
proprietors' general meetings, while the proprietors not up to
18 full years shall be represented by
their legal
representatives in the general meetings. |
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Article 11
Proprietors' general meeting shall be convened by the
proprietors' committee at least once a year.
The proprietors'
committee shall be responsible for notifying each proprietor of
the date and contents
of the proprietors' general meeting prior
to 7 days before holding of the meeting.
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Upon
motion of the proprietors holding not less than 10% of total
votes held by all proprietors
in the residential quarter, the
proprietors' committee shall hold the proprietors' general
meeting
as per the proposed contents within 20 days upon
receiving the motion; if a general meeting is not held within
the prescribed time limit, the proprietors lodging the motion
shall apply to the competent district
residential authority,
then the competent district residential authority may order the
proprietors'
committee to convene the proprietors' general
meeting immediately or within a time limit. |
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Article
12 The resolutions of a
proprietors' general meeting shall be adopted only when
affirmative votes
achieves more than half of total votes cast by
the proprietors present in the meeting. |
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The
motions of the general meetings may be decided by voting or
other means. Every ten square meters
of all types of houses and
buildings may be entitled to a vote; where the balance is not up
to
ten square meters, every five square meters or more than five
square meters may be entitled to a vote, while not
up to five
square meters shall be omitted. |
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Article 13 A
proprietors' general meeting may exercise the following powers:
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(1)
Electing and recalling the members of the proprietors'
committee;
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(2)
Supervising the work of the proprietors' committee;
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(3)
Hearing and reviewing the working report of the proprietors'
committee;
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(4)
Deciding major issues concerning the interests of proprietors of
the residential quarter;
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(5)
Revising and updating the proprietors' common pledge;
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(6)
Revising and canceling the improper decisions made by the
proprietors' committee; and
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(7)
Approving the constitution of the proprietors' committee.
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Article 14 The
members of a proprietors' committee shall be elected from
proprietors in the proprietors' general
meeting. The director
and the vice director of the proprietors' committee shall be
elected by the
proprietors' committee in the meeting of the
proprietors' committee. The proprietors' committees may employ
personnel of concerned units as the police station and the
residents' committee etc. to serve as the
members of the
proprietors' committee.
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In
general, a proprietors' committee shall have 11 to 17 members;
upon decision of the proprietors'
general meeting, the number
may be increased and decreased at an adequate extent, however,
it shall
have a minimum of 5 persons.
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Members
of proprietors' committees shall be enthusiastic about public
welfare undertaking, have
a strong sense of responsibility and
have a certain agency ability and necessary working time.
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A
proprietors' committee shall employ one to two executive
secretaries, who shall be responsible
for routine affairs of the
proprietors' committee.
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Article
15 A proprietors' committee shall
formulate its own constitution. The constitution of a
proprietors'
committee shall be formulated upon consensus of the
members of the proprietors' committee and approval of the
proprietors' general meeting. |
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Article
16 The relevant status of a
proprietors' committee and the name list of its members shall be
submitted
to the competent district residential authority for
record within 15 days upon election and formation of the
proprietors' committee. |
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Article 17
The term of office of a proprietors' committee shall be 3 years,
the members may be re-elected
and re-appointed. The position of
a member of a proprietors' committee shall be a part-time
position,
the director of a proprietors' committee may be set as
a full-time position.
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The
meetings of the proprietors' committee shall be convened on
basis of work need by the director
of the proprietors'
committee. The director of the proprietors' committee shall
serve the notice
of meeting and the relevant materials on each
member prior to 7 days before holding a meeting. When holding a
meeting, the proprietors' committee may invite the personnel of
concerned government agencies, the
residents' committee, the
property management company and representatives of
non-proprietor users
to attend the meeting.
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Article
18 The proprietors' committee
shall be responsible for and report the work to the proprietors'
general
meetings. |
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Article 19
A proprietors' committee shall exercise the following powers:
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(1)
Convening and presiding over the proprietors' general meetings;
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(2)
Deliberating the use of the residence maintenance fund and the
public utilities special fund;
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(3)
Adopting the mode of public bidding to employ a suitable
property company to exercise management
over the presidential
quarter and entering into, modifying or dissolving contract for
management
by entrustment;
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(4)
Deliberating annual management plans and the counterpart
construction projects and major maintenance
construction project
of the residential quarter formulated by the property management
company;
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(5)
Deliberating the charging standard of the property management
fee of the residential quarter;
and
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(6)
Monitoring the property management work over the residential
quarter by the property management
company.
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The
issues set forth in Items (3), (4) and (5) of the preceding
paragraph shall be approved by the
proprietors' general meeting.
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When
having difficulty to conduct public invitation of bidding as set
forth in Item (3) of the first
paragraph of this Article, a
proprietors' committee may entrust the competent residential
authority
at the municipal or district level to preside over the
bidding activities.
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Article 20
A proprietors' committee shall fulfill the following
obligations:
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(1)
Executing all decisions of the proprietors' general meeting;
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(2)
Abiding by and performing the contract for property management
by entrustment;
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(3)
Not engaging in any and all the investment and business
activities; and
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(4)
Providing support and cooperation for the righteous business and
management activities of the
property management company.
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Article 21
The proprietors' committee shall abide by the rule of majority
to make decisions.
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Article
22 All the proprietors' general
meetings and proprietors' committees shall accept the guidance
and
supervision of the competent residential authorities at the
municipal and district level. The decisions made by
the
proprietors' general meetings and the contents of constitution
of the proprietors' committees
shall not contravene that of the
Constitution, laws, rules and regulations of the state. |
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Chapter
III Property Management Companies and Their Obligations
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Article 23 A
property management company shall exercise property management
over the presidential quarter according
to the contract for
property management of residential quarter by entrustment.
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A
contract for property management of residential quarter by
entrustment shall contain the following
contents: the matters
entrusted for management, the management standard, the
management power,
the term of management, the collection and
expenditure of management fee, the profit and risk, the
supervision and inspection, the liabilities for breach of
contract and clauses on other rights and obligations.
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The
contract for property management by entrustment shall be
submitted to the district residence
management authority for
approval.
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Article
24 To engage in property
management operation of a residential quarter, a property
management company
must possess the Property Management
Qualification Certificate issued by the competent municipal
residential authority. |
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Article
25 The development and
construction unit shall exercise initial management over the
residential quarter
by itself or by entrustment to a property
management company 6 months before the proprietors begin to move
in the residential quarter, and shall bear the management fees. |
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Article 26
The development and construction unit shall exercise property
management over the residential quarter
by itself or by
entrustment to a property management company within 2 years
since the proprietors
move into the residential quarter; if the
proprietors' committee is formed during this period, the
proprietors' committee shall enter into the contract for
property management by entrustment with the development
and
construction unit and exercise all items of powers stipulated
herein, however, it shall not
terminate the contract for
property management by entrustment; after two years since the
proprietors
move into the residential quarter, the proprietors'
committee shall employ a property management company to exercise
management of the property of the residential quarter according
to provisions of these regulations,
under the equal conditions,
the original development and construction unit may have priority
to
contract the management.
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Where
the proprietors' committee has not been formed after two years
since the proprietors move
into the residential quarter, the
property management of the residential quarter shall still be
exercised by the development and construction unit by itself or
by entrustment to a property management company.
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When
exercising management over the property of the residential
quarter by itself or by entrustment
to a property company, the
development and construction unit shall accept the supervision
of proprietors
and concerned government agencies.
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Article 27
A property management company shall exercise management in
respect of the following issues within
the scope of the
residential quarter:
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(1)
The use, repair and maintenance of the housing;
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(2)
The use, repair and maintenance and management of fire
protection, elevators, mechanical and
electric equipment, street
and road lamp, corridors, bicycle house (shed), landscaping and
vegetation
belts, channels, dykes, ponds, wells, roads and
parking lot etc.;
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(3)
Cleaning and public health;
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(4)
Riding and parking of vehicles;
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(5)
Public order; and
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(6)
Other matters for management stipulated by the competent
municipal residential authority and
the contract for property
management by entrustment.
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Article 28
A property management company shall have the following rights:
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(1)
Formulating property management measures of the residential
quarter according to relevant laws,
rules and regulations and in
the light of specific conditions;
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(2)
Collecting management fee according to the contract for property
management by entrustment and
the relevant rules;
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(3)
Deterring the acts in violation of provisions on the property
management of the residential
quarter; and
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(4)
Selecting and employing professional companies to undertake the
specialized business and operations.
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Article 29
A property management company shall bear the following
obligations:
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(1)
Aiming to serve proprietors, and giving priority to social
benefits, economic benefits and environment
benefits;
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(2)
Exercising property management over the residential quarter
according to the standard prescribed
by the competent municipal
residential authority and the contract for property management
by entrustment;
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(3)
Accepting the supervision of the proprietors' committee and the
proprietors;
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(4)
Organizing or assisting concerned government agencies to provide
community living service and
develop community cultural
activities; and
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(5)
Engaging in business activities according to laws, rules and the
relevant provisions of the
municipal government.
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Article 30
The management over parking of vehicles within the residential
quarter shall be uniformly guided
and supervised by the public
security authority.
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The
vehicles entering into the residential quarter shall be parked
in the parking lot or the places
bearing parking sign according
to relevant rules.
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The
property management company shall make clear the relationship of
keeping the vehicles or the
relationship of using vehicle
position on a fee basis and collect corresponding keeping
charges
or vehicle position use charge according to relevant
rules.
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Article 31
Where the property management company fails to meet the standard
stipulated by the competent municipal
residential authority and
the contract for property management by entrustment, or violates
the
contract for property management, the proprietors' committee
or the entrusting party may terminate the contract.
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In
the case that any loss caused to proprietors due to improper
management, repair and maintenance,
the property management
company shall make compensation for the loss; any property
management company
that violates relevant laws, rules,
regulations or policies shall be handled by concerned
authorities
according to law.
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Article
32 Property management companies
may enjoy the preferential policies granted by the state to the
tertiary
industry. |
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Chapter
IV Proprietors' Common
Pledge
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Article
33 In these regulations, the
"proprietors' common pledge" referred to the codes of
conduct
undertaken by proprietors and binding on all proprietors
in respect of rights and obligations on the use of residential
quarter and the maintenance of the property and the management
thereof etc. |
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Article 34
The competent municipal residential authority shall formulate a
unified sample text of the proprietors'
common pledge. The
proprietors' general meeting may make revision and
supplementation in the light
of practical conditions of the
residential quarter and submit it to the competent municipal
residential
authority and the competent district residential
authority for record.
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All
the proprietors' common pledges shall be in compliance with
the national laws, rules and regulations,
governmental
stipulations and the provisions of the contract for assignment
of the land use right.
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Article 35
A proprietors' common pledge shall contain the following
contents:
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(1)
The name, location, area and household number of the residential
quarter;
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(2)
The status of the public places and public utilities and
equipment;
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(3)
The procedure for convention of proprietors' general meeting and
the mode for deciding the major
issues of the residential
quarter;
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(4)
The rights and usufructs for proprietors for using their
residence and the public places in
the residential quarter;
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(5)
The rights of proprietors for participating in the property
management of the residential quarter;
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(6)
The right of supervising / monitoring the proprietors' committee
and the property management
company;
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(7)
Collecting charges for all kinds of repair, maintenance and
management of the residential quarter;
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(8)
The codes of practice that shall be abided by within the
residential quarter;
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(9)
The liabilities for breach of the proprietors' common pledge;
and
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(10)
Other relevant matters.
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Article
36 The proprietors' common
pledge shall take effect when the proprietors holding more than
half of
the total votes for the proprietors that have moved in
the residential quarter after more than 30% of the proprietors
move into the residential quarter have signed the proprietors'
common pledge. The effective proprietors'
common pledge shall
be binding on all proprietors in the residential quarter and
non-proprietor
users. |
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When
proprietors move into the residential quarter, the property
management company shall organize
the proprietors to sign the
proprietors' common pledge; where any property management
company
fails to organize the proprietors to sign the
proprietors' common pledge, the competent municipal
residential authority and the competent district residential
authority shall have right to make corrections. |
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Chapter
V Use and Maintenance of Residential Quarter
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Article 37
When handing over the residential quarter, the development and
construction unit shall turn over
the following construction
materials for the residential quarter housing project to the
proprietors'
committee:
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(1)
The planning drawing and the overall as-built plan;
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(2)
The as-built drawings for single works, structure and equipment;
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(3)
The underground piping and cabling drawings; and
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(4)
Other necessary data.
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The
development and construction unit shall fulfill the construction
of the relevant counterpart
utilities and equipment of the
residential quarter as planned or agreed in the contract.
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Article 38 All
the proprietors, leaseholders and other non-proprietor users
shall abide by the following rules
when using the housing:
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(1)
Shall not modify the structure, appearance and usage of the
housing without approval by concerned
agencies under the
Municipal Government;
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(2)
Shall not illegally chisel, dismantle, further build something
to or occupy any internal and
external main wall, beam, girder,
column, floor boards, balcony, building roof, housing appearance
and passage etc.;
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(3)
Shall not stack flammable, highly toxic, explosive, radioactive
materials, except fuels for
daily use;
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(4)
Shall not utilize the housing to engage in activities
prejudicing public interests; and
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(5)
Shall not infringe lawful rights and interests of others.
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Article 39 The
responsibilities for maintenance of housing shall be classified
according to the following provisions:
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(1)
The maintenance of indoor portion shall be undertaken by the
proprietors;
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(2)
The maintenance and repair of the public utilities attached to
the main housing body as external
wall surface, stair well,
passages, housing appearance, upcoming and downcoming piping,
public
water tank, pressure water pump, elevators,
electromechanical equipment, public antennae and fire protection
facilities shall be undertaken by the property management
company, while the expense shall be sourced
out of the residence
maintenance fund.
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The
residence maintenance fund shall be paid by and apportioned
equally among the proprietors and
paid in installments, the
residence management office of the residential quarter shall set
up dedicated
account under the accounting entry of "main
body of the housing" for the said fund, which is earmarked
for repair and maintenance of the public utilities of the main
body of the housing and shall not
be used for any other purpose.
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Article 40
The public utilities within the residential quarter, such as the
roads, street lamp, conduits,
ponds, wells, vegetation,
recreation places, parking lots, outdoor corridors, bicycle
house (shed)
etc. shall be managed, serviced and maintained
uniformly by the property management company. The cost for
management, repair and maintenance shall be expended from the
management service fee.
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Where
any damage to public facilities is caused by purely man-made
factors, the person held liable
shall be responsible for
reparation; where a loss is caused, the persons held liable
shall make
compensation for the loss.
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Article
41 The repair and maintenance of
the piping and cabling for water supply, power supply, gas
supply
and communication etc. of the residential quarter shall
be undertaken by the water supply, power supply, gas supply
and
communication units, the repair and maintenance cost shall be
paid by the relevant professional
units. |
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Article 42
Proprietors, leaseholders, non-proprietor users and the property
management company shall maintain
the housing tidy and unified.
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The
proprietors' committee shall decide on the renovation and
white-washing / painting in the light
of the housing, however,
the housing roof and external wall shall be renovated and
white-washed
at least once every ten years; external facilities
such as the air-conditioner racks and theft-preventing netting
of the housing shall be white-washed at least once every three
years; the wall, sidesteps, railings
etc. of the stair well
shall be renovated and white-washed at leased once every five
years; where
no renovation and white-washing is necessary at
expiry of the prescribed time limit, the proprietors' committee
may apply to the competent municipal residential authority and
the district residential authority
for postponement of
renovation or white-washing and may postpone the renovation and
white-washing
upon approval by the competent municipal
residential authority and the district residential authority.
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The
necessary cost of the items mentioned in the preceding paragraph
shall be sourced out of the
residence maintenance fund, except
the cost for external facilities shall be borne by the
proprietors
or leaseholders. The detailed list for use of the
residence maintenance fund shall be proclaimed to proprietors
by
the property management company.
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Article
43 The housing and its auxiliary
utilities or the public utilities of the residential quarter
that
may endanger the safety of the housing or public security
shall be renovated and repaired timely; for those that
shall be
repaired by the proprietors, the cost shall be borne by the
proprietors; while those that
shall be repaired by the property
management company, the cost shall be borne by the property
management
company. |
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The
source of the payment of the cost set forth in the preceding
paragraph shall be proclaimed to
the proprietors. |
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Article 44 The
following acts shall be forbidden in the residential quarter:
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(1)
Trampling and occupying the green belt;
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(2)
Occupying public utilities such as the stair well, passages,
housing space, roof garden, road,
parking lot, bicycle house
(shed) etc. and affecting the normal functions thereof;
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(3)
Throwing rubbish and sundries randomly;
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(4)
Building, posting and hanging randomly so as to affect the city
appearance;
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(5)
Damaging and scrawling gardening or artistic sculpture;
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(6)
Gathering a crowd and making a disturbance;
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(7)
Parking vehicles and blowing horns randomly;
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(8)
Giving out extra-standard noise;
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(9)
Releasing and emitting toxic and poisonous substances;
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(10)
Engaging in trades forbidden in the proprietors' common
pledge; or
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(11)
Other acts forbidden by laws, rules, regulations and the
provisions stipulated by the municipal
government.
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Chapter
VI Specialized Fund and House of Residential Quarter
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Article 45
The development and construction unit shall transfer a
specialized fund for public utilities in
the residential quarter
to the proprietors' committee in a lump sum in proportion of 2%
of the
total construction investment (excluding the land value
for the residential quarter) when making over the residential
quarter.
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The
specialized fund for public utilities in the residential quarter
shall be earmarked for purchasing
houses for management purpose
and the major repairs and maintenance of the public utilities in
the residential quarter. |
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Article 46
The specialized fund for public utilities in the residential
quarter shall be managed by the competent
district residential
authority by setting up a special account. The competent
district residential
authority shall not interfere with the
reasonable use of the competent district residential authority
by the proprietors' committee.
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The
measures for management of the specialized fund for public
utilities in the residential quarter
are to be formulated by the
municipal government.
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Article
47 Where there the development and
construction unit is to hand over the residential quarter, it
shall
provide a certain houses in the residential quarter for
management purpose at the construction cost according to
the
provisions of the municipal government, of which the title shall
belong
to all proprietors.
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Article 48
Where there the development and construction unit is to hand
over the residential quarter, it shall
provide a portion of
housing for commercial purpose at the price tiny-profit housing
developed
during the same period as per the proportion
stipulated by the municipal government. The title of the said
housing for commercial purpose shall be owned by all the
proprietors of the residential quarter.
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The
purchasing cost of the said commercial housing may be paid in
advance with the specialized fund
for public utilities and
recovered from the business income of the housing for commercial
purpose. |
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The
aforesaid housing for commercial purpose, the housing for
management purpose supplied as stipulated,
the specialized fund
for public utilities and other public counterpart facilities,
equipment and
places in the residential quarter, of which the
title shall belong to all proprietors, shall all be operated by
the property management company according to the contract for
property management by entrustment,
and the income shall be used
to supplement the management and service fee of the residential
quarter. |
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Article
49 For the housing hand over
before the implementation of these regulations which is not
constructed
as per the requirements of planning and design, the
development and construction unit shall complete all the
construction items within the time limit prescribed by the
competent municipal planning and construction
authority; for
those which are not designed as per the planning standard of
Shenzhen Municipality
or lacks convenience-for-people service
points, the competent municipal planning and construction
authority and the original development and construction unit
shall improve or supplement the counterpart facilities
and
utilities. |
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Article 50
The accounts on the income and expense of the specialized fund
for public utilities, the residence
maintenance fund and the
management service fee of the residential quarter shall be
proclaimed
publicly at least once every three months and
supervised by the proprietors as well.
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Upon
termination of the contract for property management by
entrustment, the proprietors' committee
and the property
management company may entrust an accountants office to audit
the detailed lists
for use of the residence maintenance fund and
management service fee and the detailed accounts of income and
expense, the cost needed for audit shall be expended from the
management fee. The audit report shall
be proclaimed to
proprietors.
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If
any proprietor has objection to the use of residence maintenance
fund and the management service
fee, he may request the
proprietors' committee to consult the overall list of income and
expense,
the property management company shall provide complete
data and make explanation in detail.
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Chapter
VII Legal Responsibilities
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Article 51 In
violations of the proprietors' common pledge, any proprietor
or non-proprietor users shall bear
corresponding civil
liability. In case any one violates the proprietors' common
pledge which results
in infringing others' safety or interests
accordingly, the proprietors' committee, the concerned
proprietor or non-proprietor users may file a civil lawsuit in
the people's court against him.
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In
case any proprietor fails to pay the property management service
fee, the residence maintenance
fund or other charges agreed in
the contract for property management by entrustment, the
property
management company may require the concerned proprietor
to pay the fee due within a time limit; any one who still
fails
to make payment within the time limit may be imposed a demurrage
at the rate of 0.05% on
a daily basis; and may be urged as per
the provisions of the proprietors' common pledge and the
contract for property management by entrustment as well; if the
proprietor does not pay within continuous 6 months,
the property
management company may apply to the people's court for recovery
of the fund.
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Where
there a property management company violates the agreement in
the contract for property management
by entrustment, it shall
bear corresponding liability for breach of contract; if any loss
is caused
accordingly, it shall bear the liability for
compensation.
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Article
52 Where there any proprietors'
general meeting or proprietors' committees violates Article 22
of
these regulations, it shall be ordered to make corrections or
cancelled of its decision and notified to all proprietors
by the
competent municipal residential authority or district
residential authority. |
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Article
53 Where there any one violates
Article 24 of these regulations, engaging in residential quarter
property
management operation without property management
qualification certificate or with incommensurate property
management qualification certificate, he shall be ordered to
terminate the illegal act and confiscated
of illegal gains, and
may be imposed upon a fine not less than RMB 5,000 but not more
than RMB
20,000 as well by the competent municipal residential
authority and/or district residential authority. |
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Article
54 Where there
any property management company in violation of these
regulations, involving any of
the following acts, the
proprietors' committee shall have right to interdict it and
order it to
make corrections within a time limit; if it still
fails to make corrections within the time limit, the
proprietors' committee may terminate the contract for property
management by entrustment; the competent
municipal residential
authority and concerned administrative agencies shall order it
to make corrections
and may impose a fine of not less than RMB
3,000 but not more than RMB 10,000 upon the offender; in the
case of gross violation, the competent municipal residential
authority may degrade its property management
qualification
until cancel its property management qualification certificate
and may suggest the
industrial and commercial administration
agency to revoke the business item of property management from
its business scope according to law as well.
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(1)
Extending the charging scope without authorization or increasing
the charging standard;
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(2)
Changing the usage and purpose of the specialized fund for
public utilities and the residence
maintenance fund; or failing
to proclaim the accounts of income and expense on a regular
basis
as stipulated;
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(3)
Changing the usage and purpose of the housing specified for
certain purpose and failing to use
the housing as stipulated; or
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(4)
Where the management system is incomplete and the management is
in disorder, as leads to improper
management, repair and
maintenance to the housing, therefore, the competent municipal
residential
authority or district residential authority affirms
that it shall be imposed on a fine.
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Article
55 Where there any development and
construction unit violates Article 37, Article 45, Article 48 or
Article 49 of these regulations, it shall be ordered to make
corrections within a time limit by the competent
municipal
residential authority or district residential authority; if it
still fails to perform
the order within a time limit, it shall
be imposed upon a fine at the rate of 0.3% of the due amount
within the overdue period on a daily basis; if the circumstance
is serious, it shall be suspended of the real
estate development
qualification by the competent homeland resource authority under
the municipal
government upon affirmation by the competent
municipal residential authority or district residential
authority. |
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Article 56
Where there any proprietors' committee, proprietor,
non-proprietor user or any other unit or individual
violates
these regulations, it shall be punished according to the
following provisions:
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(1)
Where there any one violates Item (3) of Article 20 of these
regulations, engaging in business
activities without
authorization, it shall be ordered to make corrections within a
time limit,
and may be imposed upon a fine of not less than RMB
3,000 but not more than RMB 10,000 as well by the competent
municipal residential authority or district residential
authority;
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(2)
Where there any one violates Article 38 of these regulations, it
shall be ordered to make corrections
within a time limit and
recover the original appearance by the competent municipal
residential
authority or district residential authority, and may
be imposed upon a fine of not less than RMB 1,000 and not more
than RMB 5,000 as well;
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(3)
Where there any one violates the second paragraph of Article 42
or Article 43 of these regulations,
it shall be ordered to
renovate or white-wash the housing within a time limit by the
competent
municipal residential authority or district
residential authority; if he still refuses to renovate or
white-wash the housing within the time limit, he may be imposed
upon a fine of not less than RMB 3,000 but
not more than RMB
5,000;
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(4)
Where there any one violates Article 44 of these regulations, it
shall be ordered to make corrections
by the competent municipal
residential authority or district residential authority; and may
be
imposed upon a fine of not less than RMB 100 but not more
than RMB 2,000.
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Chapter
VIII Supplementary Provisions
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Article
57 The Municipal Government may
formulate implementing rules in accordance with these
regulations.
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Article
58 The implementation of
management of office housing and commercial and residential
double-usage housing
may refer to these regulations. |
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Article
59 These regulations shall take
effect as of November 1, 1994. |
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Article 60
The measures on renovation and modification of the residential
quarters established before implementation
of these regulations
are to be formulated separately by the municipal government.
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