(Adopted at the Fourteenth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on September 25, 2007)
Chapter I General Provisions
Article 1 In order to standardize the realty management in the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), to safeguard the legal rights and interests of proprietors and realty service enterprises, and to create the safe, comfortable, civil, harmonious environment for working and living, these regulations are hereby formulated in accordance with related law, administrative regulations, and in the light of the actual conditions of the Special Zone.
Article 2 These regulations shall apply to the realty management in the Special Zone.
Article 3 The principle of combination of self-government by proprietors, specialized management, and government supervision shall be followed in realty management.
Law, regulations shall be abided by, and public interests and other people’s legal rights and interests shall not be infringed upon in realty management.
Article 4 The administrative department of the municipal government in charge of realty management (hereinafter referred to as the municipal responsible department) shall be responsible for the supervision and administration of realty management and execute the following duties:
(1) to organize the enforcement of these regulations and other law, regulations on realty management, and to carry out the related rules of the state on realty management;
(2) to study, draw up or make the related policies and measures on realty management;
(3) to direct, coordinate the related work on realty management of the administrative departments of district governments in charge of realty management (hereinafter referred to as district responsible departments) and other related administrative departments of district governments, subdistrict offices, trade associations, etc. in accordance with law;
(4) the other duties stipulated in these regulations.
District responsible departments shall be responsible for the supervision and
administration of realty management within their jurisdictions, and accept professional instructions from the municipal responsible government.
The other related departments of the municipal, district governments shall, in compliance with their duties, do the related work of realty management according to law.
Article 5 Under the direction of district responsible departments, subdistrict offices shall be responsible for organizing and coordinating the establishment of the general meetings of proprietors and the election of the councils of proprietors, for directing and supervising the regular activities of the general meetings of proprietors and the council of proprietors.
Community work stations shall assist subdistrict offices in the work related to realty management. Subdistircts may entrust community work stations with the task to handle the related affairs of realty management.
Article 6 The Shenzhen municipal association of realty management (hereinafter referred to as the municipal realty management association), as a self-disciplining organization of the trade of realty management, shall be active in standardizing the business behavior of the trade, safeguarding the legal rights and interests of members, promoting the healthy development of the trade; shall be responsible for working out the standards of realty service and supervising their implementation, promoting the lawful, honest operation of realty service enterprises, organizing the professional training of employees in the trade of realty service, and mediating the internal disputes of the trade.
Article 7 The system of joint meeting of realty management shall be established to coordinate the settlement of major issues of realty management. Specific measures shall be worked out by the municipal government.
Chapter II Proprietors, General Meetings of Proprietors, Councils of Proprietors, and Management Bylaw
Article 8 The title holder of realty shall be a proprietor.
In realty management, proprietors shall enjoy the rights stipulated by law, regulations, and undertake the obligations stipulated by law, regulations.
Article 9 In a realty management estate, a general meeting of proprietors shall be established and a council of proprietors shall be elected. One realty management estate shall establish one general meeting of proprietors. If there are just a few proprietors and all proprietors unanimously agree on not establishing a general meeting of proprietors, all proprietors shall jointly execute the duties of the general meeting of proprietors and the council of proprietors.
General meetings of proprietors shall exercise their functions and powers through the sessions of general meetings of proprietors and councils of proprietors.
Article 10 The sessions of general meetings of proprietors shall be divided into regular sessions and interim sessions.
The council of proprietors shall organize and call a session of the general meeting of proprietors in accordance with the rules on the procedures of general meetings of proprietors. When a session of a general meeting is held, a delegate from the community work station of the area where the realty is located shall be invited to attend the session.
Article 11 In one of the following situations, the council of proprietors shall call an interim session of the general meeting of proprietors promptly:
(1) more than 20% of proprietors move for holding a session;
(2) a major emergency incident takes place and needs to be dealt with;
(3) the other situations stipulated by these regulations and the rules on the procedures of general meetings of proprietors.
In case of holding a session of the general meeting of proprietors by a move of
proprietors, the council of proprietors shall confirm the proprietor status of those who move for the session.
Article 12 If a council of proprietors does not call a session of the general meeting of proprietors according to the rules, proprietors may request the subdistrict office of the area where the realty is located to order calling a session by a deadline; if a session is still not held after the deadline, the subdistrict office shall call a session.
Article 13 The convener of a session of the general meeting of proprietors shall announce the topics, time, place, procedures of the session and items for voting, etc. in a public notice 15 days before the session is convened, and send a copy of the public notice to all proprietors.
Article 14 The session of a general meeting of proprietors shall be valid only if the suffrage votes of the proprietors attending the session are more than half of the suffrage votes of this realty management estate and the number of the proprietors attending the session is more than half of the number of all proprietors.
Attending referred to in the previous section shall mean that proprietors register their attendance by signing their names on a registration list; if a session of the general meeting of proprietors is held in writing or held simultaneously in writing, attending shall mean that proprietors sign their names on vote slips or ballot slips and return the vote slips or ballot slips according to the rules.
Suffrage votes shall be calculated according to the construction area of the realty that each proprietor owns, one square meter of construction area shall be calculated as one suffrage vote, and less than one square meter shall be rounded off.
Article 15 Proprietors may vote themselves or entrust someone else with voting.
In case of entrusting someone else with voting, a proxy statement in writing shall be issued to make clear the entrusted matters and the number of votes. A proxy, when voting, shall present the proxy statement and the identification certificates of both the truster and the proxy.
If there are two or more than two title holders registered for one independent unit of realty, they shall designate a voter themselves.
Article 16 Votes shall be casted by open ballot at the session of a general meeting of proprietors.
One independent realty unit shall have one vote slip or one ballot slip. The number of votes this realty unit has shall be indicated on the vote slip or ballot slip.
Article 17 The resolution made by a general meeting of proprietors shall be adopted by more than half of the suffrage votes of attending proprietors and by more than half of attending proprietors as a majority.
If a general meeting of proprietors makes a resolution on a plan of using and further raising of a special fund of realty maintenance and repair of the realty management estate (hereinafter referred to as the special fund of realty maintenance and repair), and on reconstruction, demolition and then reconstruction of buildings and their supporting facilities, the resolution shall be adopted by more than two thirds of suffrage votes of attending proprietors and by more than two thirds of attending proprietors as a majority.
Article 18 The resolutions made by a general meeting of proprietors according to law shall be biding on all the proprietors of a realty management estate.
Within 3 days after the general meeting of proprietors makes a resolution, the council of proprietors shall announce the resolution in writing by a public notice in the realty management estate and send a copy to all proprietors.
Article 19 If one of the following situations applies to a realty management estate, a general meeting of proprietors shall be established at the first session of the general meeting of proprietors, a council of proprietors shall be elected, the management bylaw shall be adopted, the rules on the procedures of the general meeting of proprietors shall be worked out, etc.:
(1) the construction area of the realty units sold and made available for use reaches more than 50% of the total construction area of the realty management estate;
(2) 2 years have passed since the first realty unit was sold and made available for use.
Within 60 days from the date when a realty management estate meets the
requirements referred to in the previous section, the construction unit or the realty service enterprise shall inform in writing the subdistrict office of the area where the realty management estate is located; proprietors may also inform the subdistrict office of the area where the realty management estate is located.
Within 1 month from the date of being informed in writing, the sudistrict office shall make a confirmation and organize, coordinate the establishment of a planning group for the first session of the general meeting of proprietors (hereinafter referred to as a planning group).
Article 20 The planning group shall consist of 5 to 7 members, among them there shall be a head of the community work station, a representative from the construction unit or the realty service enterprise, 3 to 5 representatives of proprietors. The group leader shall be the head of the community work station. The representatives of proprietors shall be selected by the community work station from those proprietors who are willing to participate in the preparatory work and recommended by a certain number of proprietors. The members of the planning group shall not be the members of the first council of proprietors.
The construction unit shall provide the related information on the realty and proprietors which is needed for the preparatory work.
Article 21 The council of proprietors shall consist of members and alternate members. The chairman and vice chairman of the council of proprietors shall be elected by the council of proprietors from its members.
The alternate members shall attend the meeting of the council of proprietors as non-voting members. They shall not have vote.
The council of proprietors may appoint an executive secretary to be responsible for the routine work of the council of proprietors. The work duties of the executive secretary shall be stipulated by the rules on the procedures of the general meeting of proprietors.
Article 22 The operation fund of the general meeting of proprietors and the council of proprietors, the allowances of the members of the council of proprietors, the salary of the executive secretary shall be withdrawn from the realty service fees in the proportion stipulated by the municipal government and earmarked for their specified purposes only.
The pay rates of the allowances of the members of the council of proprietors and the salary of the executive secretary shall be set by the general meeting of proprietors. Alternate members shall not receive allowances.
Article 23 The candidates for the members, alternate members of a council of proprietors shall be natural-person proprietors or natural-person representatives of unit-proprietors in the realty management estate and meet the following requirements:
(1) to have full capacity for civil disposition;
(2) to have performed the obligations of a proprietor, owed neither realty service fees nor contribution to the special fund of realty maintenance and repair;
(3) to observe disciplines and law, be enthusiastic about public service, have a keen sense of responsibility, enjoy relatively strong confidence of the public and have organizing ability;
(4) candidate, spouse, and directly related family members do not work either for the enterprise providing realty service for the realty management estate or for its subordinate units;
(5) to make a promise in writing to execute work duties actively, promptly, and fully.
The candidates for the members, alternate members of a council of proprietors
shall be recommended by the planning group, more than 10 proprietors may also recommend one candidate for a member and one candidate for an alternate member of the council of proprietors. The planning group shall examine the qualifications of candidates for members, alternate members of the council proprietors and make a final list of candidates.
Article 24 The council of proprietors shall consist of 5 to 17 members, the number of members shall be an odd number, and the specific number shall be determined by the planning group in accordance with the actual conditions of the realty management estate. The number of alternate members shall be set as 40% of the number of members.
The members, alternate members of a council of proprietors shall be elected through a competitive election. The difference between the number of candidates and that of elected members or alternated members shall be no less than 20% of candidates.
The members, alternate members of a council of proprietors shall be elected according to the fixed number of members, alternate members and also in order of the number of votes each candidate has got.
Article 25 When a member of a council of proprietors has terminated his membership, it shall be consequent upon the decision of the council of proprietors that the vacancy is filled by an alternate member who is the first in order of the number of votes each alternate member has got, and the change of the membership shall be announced by a public notice in the realty management estate.
Article 26 If a council of proprietors has not been elected according to law or a council of proprietors has resigned as a group, a session of the general meeting of proprietors shall be convened, after the confirmation of the district responsible department, by the subdistrict office of the area where the estate is located to elect the council of proprietors.
Article 27 No unit and individual, except council of proprietors and subdistrict office, shall convene a session of the general meeting of proprietors.
When the council of proprietors and the subdistrict office convene a session of the general meeting, the realty service enterprise, realty users, and related units shall give their assistance.
Article 28 The council of proprietors shall report its establishment to the district responsible department to be put on file within 15 days from the date when the council is elected.
The district responsible department shall inform the subdistrict office, community work station, public security station of the area where the realty management estate is located and related units such as realty service enterprise, etc. of what is put on file about the establishment of the council of proprietors.
If there is a change in what is put on file, the council of proprietors shall notify the district responsible department of the change within 15 days from the date when the change takes place.
Article 29 A meeting of the council of proprietors shall be called and presided at by the chairman. If the chairman cannot execute the duty for a reason, the vice chairman shall call and preside at a meeting.
If more than one third of members move that a meeting of the council of proprietors be convened, a meeting of the council of proprietors shall be convened. If the chairman and vice chairman refuse to call a meeting of the council of proprietors without justified reason, the subdistrict office shall designate a member to call and preside at a meeting of the council of proprietors.
A member of the council of proprietors shall not entrust another person with attending a meeting of the council of proprietors as a proxy.
A delegate from the community work station of the area where the realty estate is located shall be invited to attend a meeting of the council of proprietors as a non-voting delegate.
There shall be more than half of the members of the council of proprietors to attend a meeting of the council of proprietors, and any resolution shall be adopted by more than half members of the council. One member shall have one vote.
Within 3 days from the date when a resolution is passed, the council of proprietors shall announce in writing the meeting and the matters which the resolution is about in the realty management estate.
Article 30 The release of any information in the name of a council of proprietors shall not be done before the council of proprietors has made a decision to do so and affixed the seal of the council of proprietors to the decision.
Article 31 When the council of proprietors makes a decision on the following matters, the decision shall be approved by more than half members of the council with their signature.
(1) to move that the general meeting of proprietors adopt a resolution on raising and using of the special fund of realty maintenance and repair;
(2) to move that the general meeting of proprietors adopt a resolution on the adjustment of realty service fees;
(3) to move that the general meeting of proprietors adopt a resolution on the method of selecting and contracting a realty service enterprise;
(4) to move that the general meeting of proprietors approve a realty service contract;
(5) to convene a temporary session of the general meeting of proprietors;
(6) to terminate the duty of a member and fill the vacancy with an alternate member;
(7) to suspend the duty of a member and to move that the general meeting remove the member;
(8) other resolutions concerning the major interests of proprietors.
Article 32 There shall be minutes of meetings of the council of proprietors with
the signature of members attending meetings and a affixed seal of the council of proprietors in addition.
Article 33 The resolutions of the general meeting of proprietors, the council of proprietors shall be in compliance with law, regulations.
The general meeting of proprietors, the council of proprietors shall not adopt resolutions which have nothing to do with the realty management in the realty management estate, shall not engage in any activities which have nothing to do with the realty management in the realty management estate, and shall not organize, participate in any operational activities.
If a resolution of the general meeting of proprietors, the council of proprietors infringes upon the legal rights and interests of a proprietor, the proprietor may request the people’s court to repeal the resolution according to law.
If a resolution of the general meeting of proprietors, the council of proprietors violates law, regulations, the district responsible department or the subdistrict office of the area where the realty is located shall order correction by a deadline or repeal the resolution, and inform all proprietors.
If the council of proprietors adopts a resolution beyond its authority or adopts a resolution which has nothing to do with the realty management in the realty management estate, the members who approve the resolution with their signature shall bear the corresponding legal responsibility.
Article 34 The members, alternate members of a council of proprietors shall not commit the following acts:
(1) to accept the benefits or remunerations provided by realty service enterprises or interested proprietors;
(2) to contract, introduce the related business or recommend someone for employment to a realty service enterprise which provides service for the realty management estate;
(3) to accept other benefits which may obstruct the impartial execution of duties.
Article 35 If one of the following situations applies to a member of the council of
proprietors, the suspension of the member’s duty shall be adopted at a meeting of the council of proprietors and submitted to the next session of the general meeting of proprietors for discussion and resolution:
(1) the circumstances are serious in failing to perform the obligations of a proprietor, to abide by the management bylaw, and correction is refused;
(2) to be absent from three meetings of the council of proprietors in 1 year without reason;
(3) to violate Article 34 of these regulations;
(4) the other reasons for being not suitable for the membership of the council of proprietors.
When a member’s duty is suspended by the council of proprietors, the member
shall be allowed to defend himself/herself and the defense shall be recorded and put on file.
Article 36 If one of the following situations applies to a member, an alternate member of the council of proprietors, the duty of the member, the alternate member shall be terminated automatically:
(1) no longer to be a proprietor of the realty management estate;
(2) to be disabled in work ability because of illness or for other reasons;
(3) to submit resignation in writing to the general meeting of proprietors or the council of proprietors;
(4) the member, the alternate member, their spouses, directly related family members hold a post in the realty service enterprise, which provides service for the realty management estate, and its subordinate units;
(5) to receive a sentence from the people’s court.
Article 37 If the member vacancies of a council of proprietors are still more than
40% of the total number of members when all alternate members have become members to fill vacancies, a session of the general meeting shall be convened to have the member vacancies filled.
Article 38 If one of the following situations applies to a council of proprietors, the district responsible department shall order correction by a deadline; if correction has not been done after the deadline, the district responsible department shall make a decision to dissolve the council of proprietors:
(1) to infringe upon the legal rights and interests of proprietors seriously by violating law, regulations;
(2) to have the serious impact on the stability of the community and the public order by violating law, regulations;
(3) the circumstances are serious in failing to execute the duties of the council of proprietors according to rules.
If the district responsible department dissolve a council of proprietors, the
subdistrict office of the area where the realty is located shall be notified to organize and convene a session of the general meeting of proprietors according to law to elect a new council of proprietors.
Article 39 If realties are developed at stages, a general meeting of proprietors may be set up during the period of the development at stages to elect a council of proprietors.
When proprietors of the realty of a new stage move in, there shall be an increase in the number of members, alternate members, but the total number of members of the council of proprietors after the increase shall not be more than 17.
Article 40 When the duty of a member of the council of proprietors is suspended or terminated automatically, and an alternate member fills a vacancy, the council of proprietors shall announce it in the realty management estate by a public notice, and report it to the district responsible department to be put on file.
Article 41 Each council of proprietors shall have a 3-year term, members, alternate members may be reelected and serve another term.
6 month before the expiration of the term of a council of proprietors, the council of proprietors shall organize a reelection, and report it to the district responsible department and the subdistrict office of the area where the realty is located. The reelection shall be completed 3 months before the expiration of the term of the council.
If a reelection has not been completed 3 months before the expiration of the term of the council of proprietors, the subdistrict office of the area where the realty is located shall organize or supervise the council of proprietors organizing the reelection, and a new council of proprietors shall be reelected before the expiration of the term of the previous council of proprietors.
The council of proprietors shall not execute its duties after its term expires.
Article 42 The council of proprietors shall, within 3 days from the date when its term expires, hand over to the new council of proprietors the seals, files, materials, and other property of the general meeting of proprietors, the council of proprietors.
Article 43 If a council of proprietors is dissolved, the members, alternate members of the council of proprietors shall, under the supervision of the district responsible department, carefully check the related property and sort out materials, and turn over them, within 3 days from the date when the dissolution is announced, to the subdistrict office of the area where the realty is located to take care of.
Article 44 Proprietors may look up all the materials of the meetings of the council of proprietors and shall have the right to inquire of the council of proprietors about the matters related to their own interests, the council of proprietors shall reply.
The council of proprietors shall report its work to all proprietors by means of public notice, etc. on a regular basis.
Article 45 Proprietors shall abide by the provisional management bylaw, the management bylaw.
The provisional management bylaw, the management bylaw shall include the following contents:
(1) the rules on the use and maintenance of the common part of the realty in the realty management estate;
(2) the right and obligation of proprietors to use their exclusive part of the realty;
(3) the rules on the sanitation work and fitting up of the roofs, outside walls, doors and windows, and outdoor facilities of the realty;
(4) the rights and obligations to maintain public order in the realty management estate;
(5) the way for proprietors to share the various expenses of the realty management estate;
(6) the responsibilities to be born in case of violating the bylaw.
Article 46 The provisional management bylaw shall be formulated by the
construction unit and reported to the district responsible department to be put on file. The construction unit shall made public in its sales place the provisional management bylaw which has been put on file.
When moving in, proprietors shall sign the provisional management bylaw. The management bylaw shall take effect after being adopted at the general meeting of proprietors.
Article 47 If proprietors think the contents of the provisional management bylaw and the management bylaw violate law, regulations or are obviously unfair, they may request the district responsible department to repeal them; the district responsible department may repeal the contents of the provisional management bylaw, the management bylaw which violate law, regulations and are obviously unfair, and may also decide that the content of the provisional management bylaw, the management bylaw which is obviously unfair to a particular proprietor should be invalid to this particular proprietor.
Article 48 The original management bylaw shall be kept by the council of proprietors, and its copy shall be made public in the realty management estate within 3 days from the date of adoption, a copy shall be sent to all proprietors in 15 days.
Article 49 The management bylaw and the rules on procedures adopted at the general meeting of proprietors shall be reported by the council of proprietors to the district responsible department to be put on file within 15 days from the date of adoption.
When the council of proprietors makes the seals of the general meeting of proprietors, the council of proprietors by carving according to law, it shall be reported to the district responsible department to be put on file in 15 days.
The council of proprietors shall formulate the rules on the use of the seals of the general meeting of proprietors, the council of proprietors, and the rules on file management, and establish movable files for proprietors to inquire about.
The seal of the general meeting of proprietors shall be used only for what is approved by a resolution of the general meeting of proprietors.
Chapter III Construction Units and Realty Service Enterprises
Article 50 A construction unit shall have the right to select and contract a realty service enterprise, according to these regulations, to provide the realty service of the early stage, and enjoy the related rights as a proprietor who has not sold the realty.
Article 51 A construction unit shall undertake the following obligations:
(1) to bear the responsibility of guarantee repair service for the realty according to law, regulations, and contracts, and provide letters of quality guarantee, user’s manuals for proprietors;
(2) to take part in the preparation of the first session of the general meeting of proprietors according to law, to assist in the establishment of the general meeting of proprietors;
(3) to provide housing for the realty service according to law;
(4) to undertake the related obligations as a proprietor who has not sold the realty;
(5) the other obligations stipulated by law, regulations, and contracts.
Article 52 A construction unit shall provide free housing for realty service within
a realty management estate, including free housing for realty service equipments, realty service office, and council of proprietors’ office.
The area of housing for realty service equipments shall be provided according to the actual needs of installation, use and maintenance of equipments.
The area of housing for realty service office shall be provided according to the following standards:
(1) the area of housing for realty service office shall be 2/1000 of the total construction area of the realty, if the total construction area of the realty in a realty management estate is less than 250,000 square meters; the area of housing for realty service office shall be no less than 100 square meters of construction area, if the construction area is less than 50,000 square meters;
(2) if the total construction area of the realty in a realty management estate is more than 250,000 square meters, in addition to 2/1000 of the total construction area for housing for realty service office, 1/1000 of the total construction area that exceeds 250,000 square meters shall be provided for the same purpose.
Housing for the council of proprietors’ office shall be allocated from the
housing for realty service office and its construction area shall be no less than 20 square meters.
Article 53 Housing for realty service shall have independent title and normal functions for use.
The title of housing for realty service shall belong to all the proprietors of a realty management estate, and the title document shall be kept by the council of proprietors.
No unit and individual shall change the use of housing for realty service.
Article 54 When applying for a permit of advance sale of housing, initial registration of housing ownership, a construction unit shall submit the related materials such as the room numbers, area of housing for realty service, etc.
When approving and issuing a permit of advance sale of housing, and processing the initial registration of housing ownership, the municipal responsible department shall verify and indicate the room numbers of housing for realty service.
Article 55 Without authorization, a construction unit shall not deal with the ownership right and the right of use of the common parts, common facilities and equipments of the realty belonging to proprietors according to law.
Article 56 Enterprises engaging in realty service shall have corporate personality. There shall be the word “realty” in the name of realty service enterprises.
A realty service enterprise shall set up a service office with independent accountability in a realty management estate.
Article 57 Realty service enterprises shall obtain certificates of qualifications for realty service enterprises according to the rules of the state.
Realty service employees shall obtain corresponding certificates of qualification for their professions according to the rules of the state.
Article 58 Realty service enterprises shall enroll themselves as members of the Municipal Association of Realty Management within 3 months from the date of obtaining certificates of qualifications.
The enterprises which have already obtained certificates of qualifications for realty service enterprises before these regulations take effect shall enroll themselves as members of the Municipal Association of Realty Management within 3 months from the date when these regulations take effect.
The realty service enterprises of other places than the Special Zone shall enroll themselves as members of the Municipal Association of Realty Management within 3 months from the date of signing realty service contracts in the Special Zone.
Article 59 The Municipal Association of Realty Management shall strengthen the self-disciplining regulation of realty service enterprises and realty service employees, set up good faith files and a system of early warning and public notice of good faith risk. Those who violate law, regulations, standards of the trade, and infringe upon the legal rights and interests of proprietors shall be requested to make corrections; sanctions such as warning, circulating a notice of criticism within the trade, or public censure shall be imposed on those whose circumstances are serious.
The realty service enterprises which are publicly censured by the Municipal Association of Realty Management may not take part in invitation to bid and bidding for realty service in 2 years, the general meetings of proprietors may cancel their realty service contracts signed with such enterprises before contracts expire.
The realty service employees who are censured by the Municipal Association of Realty Management may not be employed by realty service enterprises in 2 years to do the work that should be done by those who have obtained related certificates of qualifications for realty service.
When imposing sanctions such as warning, circulating a notice of criticism within the trade, and public censure on realty service enterprises and realty service employees, the Municipal Association of Realty Management shall report the sanctions to the district responsible departments to be placed on file; public censures of realty service enterprises and realty service employees shall be made public to communities.
Article 60 Realty service enterprises may contract professional institutions to undertake special services such as the maintenance and repair of electromechanical equipments, sanitation work, landscaping, project construction, etc. according to realty service contracts, but shall not entrust or hand over all the realty service of a realty management estate to other units or individuals.
Article 61 Realty service enterprises shall neither transfer certificates of qualifications for realty service enterprises nor transfer them in disguised forms such as renting out, attaching, lending, etc.
Article 62 Realty service enterprises shall provide realty service in accordance with law, regulations, realty service standards, and realty service contracts.
The realty service standards shall be formulated and issued separately by the municipal responsible department according to the related rules. If a general meeting of proprietors has a special request for realty service, it shall be stipulated by the realty service contract.
Article 63 Realty service enterprises shall submit to the district responsible departments their quarterly, annual statistical report forms and other related statistical materials. Specific measures shall be formulated by the municipal responsible department.
Chapter IV Realty Service
Article 64 One realty management estate shall have one realty service enterprise to provide unified realty service. The buildings, facilities and equipments, and related sites on the ground and underground within a realty management estate shall not be managed separately.
For the realty developed by stages, if a realty service enterprise has been contracted to provide service for the part of the realty completed at the early stage, the same realty service enterprise shall provide realty service for the part of the realty completed at the later stages.
Article 65 In dividing realty management estates, the factors such as common facilities and equipments, scale of buildings, community development, etc. shall be considered, and the principle of relative concentration and management convenience shall be followed. Specific dividing methods shall be as follows:
(1) a realty management estate shall be determined by the limits of the red-line map of a realty construction parcel, but if an independent realty management estate has been formed naturally without any dispute, it shall not be re-divided;
(2) If an area developed by stages or having two construction units in its development and construction shares main accessory facilities and equipments, it shall be regarded as one realty management estate, but if the area has already been naturally or habitually divided into many relatively independent quarters, it may be divided into different realty management estate;
(3) If different realty management estates have geographically natural connection, they may be incorporated into one realty management estate after their respective general meetings of proprietors consent to do so.
If there is a dispute on the division of realty management estates, the district
responsible department and the subdistrict office of the area where the realty is located shall jointly deal with the dispute.
Article 66 When providing realty service, a realty service enterprise shall sign a realty service contract with a construction unit or a general meeting of proprietors to stipulate the method of fee calculation, fee rates, items of service, term of service, etc. for realty service.
If there is something unclear in terms of the items of service, it shall be implemented according to the realty service standards issued by the municipal responsible department.
Article 67 The collection of realty service fees may take the methods of fee calculation stipulated by the states such as payment for service or a fixed lump sum for all the service.
The payment for service means that a payment for service shall be made, according to the proportion or sum agreed on, to the realty service enterprise from the realty service fees collected in advance, the rest of the realty service fees shall be used for the other various expenses stipulated in the realty service contract, if there is a surplus, it shall belong to proprietors, if there is a deficit, it shall be born by proprietors.
The fixed lump sum for all the service means that proprietors make a payment of a fixed lump sum for all the service to the realty service enterprise, the surplus shall belong to the realty service enterprise, and the deficit shall be born by the realty service enterprise.
Article 68 If the payment for service is used as a method to pay realty service fees according to an agreement, the rate of the payment for service shall be stipulated by the realty service enterprise and construction unit or general meeting of proprietors in the realty service contract according to the qualifications of the enterprise, items and levels of service, etc.
Article 69 The term of a realty service contract shall be 2 to 5 years. The specific term of the contract of the early stage shall be agreed on by the construction unit and realty service enterprise, it may be as long as until the date of beginning of the realty service according to the realty service contract signed by the general meeting of proprietors and its contracted realty service enterprise.
When a realty service contract expires, if a general meeting of proprietors has not been established or it has not contracted a realty service enterprise according to law, the original contract may continue to be performed until the date of beginning of the realty service according to a new realty service contract.
When selling the realty, a construction unit shall present the realty service contract of the early stage and inform proprietors of the name, office address, contact methods, qualification grade of the realty service enterprise.
Article 70 Construction units shall hand over the related realty materials to realty service enterprises according to the rules of the state, and hand over the related materials on proprietors at the same time.
When their realty service contracts are terminated, realty service enterprises shall hand over the materials referred to in the previous section to the councils of proprietors or the realty service enterprises newly contracted by the general meetings of proprietors.
It shall be prohibited for construction units, realty service enterprises, councils of proprietors, and their staff members to disclose materials on proprietors.
Article 71 When their realty service contracts are terminated, realty enterprises shall hand over the following funds, materials, and articles to the councils of proprietors or the realty service enterprises newly contracted by the general meetings of proprietors, in addition to the materials referred to in Article 70 of these regulations:
(1) the surplus of the realty service fees resulting from the adoption of method of the payment for service;
(2) the surplus of the special fund of realty maintenance and repair;
(3) the housing for realty service;
(4) the materials formed in the period of providing realty service on the transformation, maintenance and repair, operation, upkeep of the realty and facilities, equipments;
(5) the assets and articles purchased by using the realty service fees of an enterprise which takes the method of payment for service to collect realty service fees.
Article 72 Realty service enterprises shall be selected and contracted by bids
unless there are other stipulations in these regulations.
A system of unified entrustment of bidding agencies with selecting and contracting realty service enterprises shall be gradually put into practice. Specific measures shall be formulated by the municipal government.
Article 73 The bids for realty service include public bidding and invitation to bid. The bids for residential realty service shall be public bidding.
If realty service fees are paid from the financial fund of the government for realty, when the management unit of the realty is selecting and contracting a realty service enterprise, the related standards and procedures shall be put into implementation according to the related rules on the government purchase.
Article 74 If one of the following conditions applies, a realty service enterprise may be contracted by agreement:
(1) the realty belongs to one proprietor, or proprietors are less than 10 and all of them unanimously agree to do so;
(2) when a realty service contract expires, the general meeting of proprietors decides to continue to contract the original realty service enterprise;
(3) in one realty management estate, the total construction area of multi-storied buildings is less than 50,000 square meters, or the total construction area of high-rise buildings is less than 20,000 square meters, or the total construction area of multi-storied buildings and high-rise buildings mixed together are less than 30,000, and the general meeting of proprietors decides to do so;
(4) bidders in public bidding are less than 3.
For the residential realty which meets the conditions referred to in Items (3), (4)
of the previous section, if the construction unit contracts a realty service enterprise by agreement, it shall be approved by the district responsible department; contracting without approval shall be invalid.
Article 75 Within 15 days from the date of signing a realty service contract, a realty service enterprise shall submit a copy of the realty service contract to the district responsible department to be put on file.
Article 76 Realty service enterprises shall abide by the related rules on safe production, formulate emergency plans for safety and keeping a lookout within realty management estates, make specific rules on how to prevent and handle unexpected incidents such as unexpected natural disasters, accidents of water supply, power supply, and gas supply, accidents of realty safety, incidents of public health, public safety and criminal cases, etc., and assist the related administrative departments in safety management in realty management estates.
The emergency plans for safety and keeping a lookout shall be reported to the district responsible department to be put on file, the district responsible department shall give necessary directions on the formulation and implementation of the emergency plans for safety and keeping a lookout.
In case of safety accidents and other emergency incidents, realty service enterprises shall take emergency measures promptly, report to the related administrative departments according to the rules, and give assistance in the related work.
Article 77 When a realty service contract is terminated, the realty service enterprise shall withdraw from the realty management estate by an agreed deadline, and cooperate in the take over by a contracted realty service enterprise according to law.
Chapter V Use and Maintenance of Realty
Article 78 Realty service enterprises shall supervise the work of realty fitting up according to realty service contracts. In case of violation of the related rules, the doer shall be required to make rectifications; if the doer fails to make rectifications according to requirements, it shall be reported to the related administrative department in order to be dealt with according to law.
Article 79 When realty service enterprises are doing the work of realty maintenance, repair, and fitting up, proprietors or realty users shall provide convenience.
If there is a need for proprietors or realty users to provide convenience, they shall be notified in advance and consulted with on related specific matters.
Article 80 After the term of realty guarantee repair service expires, the responsibility of maintenance and repair of the completely common part of the realty belonging to all proprietors shall be born by all proprietors, the responsibility of maintenance and repair of the partially common part of the realty belonging to some proprietors shall be born by these proprietors, the responsibility of maintenance and repair of a proprietor’s exclusive part of the realty shall be born by the proprietor. If there is a man-made damage to the common part of realty, the realty service enterprise shall hold the responsible person liable for repair or compensation.
Operation units of public utilities, communication, cable TV, etc. shall bear the responsibility to maintain and repair piping and wiring within a realty management estate. If there are other stipulations in law and regulations, they shall be honored.
Article 81 The facilities such as the roof, outside wall, and stairs of the realty shall be kept safe and clean, they shall be repaired or painted at least once every 5 years, the expenses shall be paid from the special fund of realty maintenance and repair.
If proprietors have outside facilities such as air condition racks, burglar-proof nets, etc., they shall be inspected and repaired or painted at least once every 3 years, the expenses shall be paid by proprietors.
Article 82 If the realty has an adverse effect on the general appearance of the city or a hidden danger for safety, proprietors or the general meeting of proprietors shall promptly carry out repairs or reconstruction according to related law, regulations.
If the realty which has an adverse effect on the general appearance of the city or a hidden danger for safety has not been repaired promptly, the realty service enterprise may ask the district responsible department to enjoin proprietors or the general meeting of proprietors to carry out repairs by a deadline; if the repairs have not been done after the deadline, the realty service enterprise may carry our repairs instead, the repair expenses shall be born by proprietors or the general meeting of proprietors.
Chapter VI Expenses and Funds
Article 83 The collection of realty service fees shall follow the principle of combination of government-guided prices and market-adjusted prices. Specific measures shall be worked out by the municipal department in charge of prices jointly with the municipal responsible government.
Specific rates of realty service fees shall be agreed on by parties concerned in realty service contracts according to the previous section.
Article 84 Before proprietors move in, the realty service fees shall be paid by the construction unit; after proprietors move in, the realty service fees shall be paid by proprietors. When selling the realty, the construction unit may not promise buyers the reduction of or exemption from the realty service fees.
The term of “move in” referred to in the previous section shall mean that, by the deadline agreed on in a realty purchase contract, the proprietor has received a moving-in notice in writing and completed the related formalities for moving in. If after having receiving the moving-in notice in writing, the proprietor has failed to complete the related formalities for moving in without justification before the deadline set by the notice, it shall be deemed that the proprietor has already moved in. If the construction unit has not sent a notice in advance, the time when the proprietor has actually completed the related formalities shall be deemed to be the time of moving in.
Article 85 If a realty management estate has 2 or more than 2 independent titles, the special fund of realty maintenance and repair shall be established. The special fund of realty maintenance and repair shall belong to proprietors.
The special fund of realty maintenance and repair shall include the initially collected special fund of maintenance and repair and the routinely collected special fund of maintenance and repair.
The initially collected special fund of maintenance and repair shall be 2% of the total cost of the construction and installment of the realty project and transferred as a lump sum to a designated account of the special fund of realty maintenance and repair by the construction unit.
The routinely collected special fund of maintenance and repair shall be paid by proprietors with their realty service fees together and deposited by the realty service enterprise every month in the special account of the special fund of realty maintenance and repair. The rates of the routinely collected special fund of maintenance and repair shall be worked out by the municipal department in charge of prices jointly with the municipal responsible department.
The municipal government shall set different standards of the total cost of the construction and installment of various realties according to different types of realties, and make these standards public to all the communities.
Article 86 The municipal responsible department shall set a special account of special funds of realty maintenance and repair in a bank, undertake unified supervision and management of the collection, deposit, use, value increase, and inquiry of special funds of realty maintenance and repair. The special funds of realty maintenance and repair of various realty management estates shall be deposited in the special account of special funds of realty maintenance and repair.
The management of special funds of realty maintenance and repair shall follow the principle of setting an account for each building, depositing in special accounts, accounting on the basis of each household, earmarking a fund for its specified purposes only, decision-making by proprietors, quick payment, and simplified procedures.
The municipal responsible department may collect a certain proportion of management fees from value increase earnings of the special funds of realty maintenance and repair which the department manages on behalf of proprietors in order to pay the expenses of the related units to collect, manage the funds on behalf of proprietors. Specific measures shall be worked out by the municipal government.
Article 87 After the term of realty guarantee repair service expires, the general meeting of proprietors shall decide the use of the special fund of realty maintenance and repair.
If the maintenance and repair, renovation, and reconstruction of the partially common part of the realty need the use of the special fund of realty maintenance and repair, it shall be approved by the proprietors who own more than two thirds of the total construction area of the common part of the realty and two thirds of these proprietors as well, but may not contravene the resolutions of the general meeting of proprietors on the completely common part of the realty.
Article 88 The use of the special fund of realty maintenance and repair shall be carried out according to the following rules:
(1) the cost for the completely common part shall be born by all the proprietors of the realty management estate according to the proportion of the construction area of their respective exclusive parts of the realty;
(2) the cost for the partially common part shall be born by those proprietors who share this part of the realty according to the proportion of the construction area of their respective exclusive parts of the realty.
If there is a man-made damage to the common parts of the realty, the cost of
repair shall be born by the responsible person.
Article 89 If more than 70% of the initially collected fund of maintenance and repair has been used for realty maintenance and repair, the general meeting of proprietors shall continue to raise money for the special fund of realty maintenance and repair, the raised money shall not less than the amount of the initially collected fund of maintenance and repair.
Article 90 If a proprietor transfers the title of the realty, the remaining sum of the special fund of realty maintenance and repair under the proprietor’s name shall be transferred together with the proprietor’s realty; if the title of the realty has disappeared because of resettlement or for other reasons, the remaining sum of the special fund of realty maintenance and repair shall returned to proprietors.
If a proprietor has not pay off what need to be paid for the special fund of realty maintenance and repair, the municipal department in charge of housing shall not allow processing the registration of transferring or mortgaging the proprietor’s realty.
Article 91 If a construction unit has not allocated a special fund of common facilities according to the related provisions of Regulations of the Shenzhen Special Economic Zone on the Realty Administration of Residential Quarters before these regulations take effect, it shall continue to pay for this fund according to the related provisions of Regulations of the Shenzhen Special Economic Zone on the Realty Administration of Residential Quarters. If the construction unit has failed to pay according to the related provisions, the district responsible department shall recover the payment.
The special fund of common facilities collected or recovered according to the previous section shall be deposited in the special account of the special fund of realty maintenance and repair.
Article 92 The fund of residential maintenance and repair paid by proprietors according to the related provisions of Regulations of the Shenzhen Special Economic Zone on the Realty Administration of Residential Quarters before these regulations take effect shall have accounts set according to households by the management unit of the realty, and deposited in full for the realty management estate as a unit in the special account of the special fund of realty maintenance and repair.
If proprietors have not paid for the fund of residential maintenance and repair according to the related provisions of Regulations of the Shenzhen Special Economic Zone on the Realty Administration of Residential Quarters before these regulations take effect, they shall make up a deficiency according to the related provisions of Regulations of the Shenzhen Special Economic Zone on the Realty Administration of Residential Quarters.
Article 93 Proprietors shall pay their realty service fees, their contributions to the special fund of realty maintenance and repair, and their share of related expenses according to the realty service contract or the resolutions of the general meeting of proprietors.
Article 94 When transferring the titles of the realty, proprietors shall pay up their realty service fees, their contributions to the special fund of realty maintenance and repair, and their share of related expenses they should take.
When the realty is put up at auction, the auction agency shall make a clear and definite statement on the payment and collection of the realty service fees, special fund of realty maintenance and repair, and related expenses which have been shared.
Article 95 If a realty service enterprise collects realty service fees by the method of payment for service, it shall publish the income and expenses of the realty service fees every quarter. The council of proprietors may entrust a professional institution with auditing the use of the realty service fees and the special fund of realty maintenance and repair, the auditing charge shall be paid from the realty service fees. The auditing report shall be made public by the council of proprietors within the realty management estate.
Article 96 The realty service enterprise shall publish the income and expenses of the special fund of realty maintenance and repair at least once every half a year.
Article 97 The prices of realty service shall be marked clearly according to law. The realty service enterprise shall make public the items of service, the items of charge, and the rates of charge to solicit opinions in a conspicuous spot within the realty management estate.
Chapter VII Legal Liabilities
Article 98 If a council of proprietors violates the related provisions of Articles 42, 43, 44, 48, 49 of these regulations, the district responsible department shall order that corrections be made by a deadline; if corrections have not been made after the deadline, a fine of more than 2,000 but less than 5,000 RMB shall be imposed on the responsible person.
Article 99 If a construction unit, in violation of Article 46 of these regulations, has failed to report the provisional management bylaw to the district responsible department to be put on file and failed to make it public, the district responsible department shall order correction by a deadline and impose a fine of more than 20,000 but less than 50,000 RMB.
Article 100 If a construction unit has failed to provide housing for realty service according to Article 52 of these regulations, the district responsible department shall order that such housing be provided in 3 months; if such housing has not bee provided after the deadline, the district responsible department shall order the construction unit to make a payment for a special fund, according to the average price of the housing market within the realty management estate and the stipulated area of housing for realty service, to be deposited in the special account of the special fund of realty maintenance and repair in order to be used specifically for purchasing housing for realty service, and impose a fine of more than 200,000 but less than 500,000 RMB as well.
Article 101 If a construction unit, in violation of Article 55 of these regulations, has disposed of, without authorization, common realty, common facilities belonging to proprietors according to law, the district responsible department shall order restoring the original state or granting compensation, and impose a fine of more than 50,000 but less than 200,000 RMB.
Article 102 If a realty service enterprise, in violation of Article 57 of these regulations, has failed to obtain a certificate of qualifications to undertake realty service, the district responsible department shall order stopping the illegal acts and returning collected realty service fees, and impose a fine of more than 50,000 but less than 200,000 RMB.
Article 103 If a realty service enterprise, in violation of Article 58 of these regulations, has failed to enroll itself as a member of the Municipal Association of Realty Management, the district responsible department shall order that corrections be made within 1 month; if corrections have not been made after the deadline, a fine of 10,000 RMB per month after the deadline shall be imposed.
Article 104 If a realty service enterprise, in violation of Section 3 of Article 59 of these regulations, has engaged a realty service employee who is censured by the Municipal Association of Realty Management, the district responsible department shall order correction, and impose a fine of more than 10,000 but less than 50,000 RMB.
Article 105 If a realty service enterprise, in violation of Article 60 of these regulations, has entrusted or handed over all the realty service of a realty management estate to others, the district responsible department shall order correction by a deadline, and impose a fine of more than 50,000 but less than 200,000 RMB; if the circumstances are serious, the municipal responsible department shall revoke or suggest revoking its certificate of qualifications.
Article 106 If a realty service enterprise, in violation of Article 61 of these regulations, has transferred the certificate of qualifications for realty service enterprises or transferred it in disguised forms such as renting out, attaching, lending, etc., the district responsible department shall order correction, and impose a fine of more than 50,000 but less than 100,000 RMB.
Article 107 If a realty service enterprise, in violation of Article 63 of these regulations, has failed to submit statistical report forms and related materials or submitted false statistical report forms and related materials, the district responsible department shall order correction. In case of failing to submit statistical materials, a fine of 5,000 RMB shall be imposed; in case of submitting false statistical materials, a fine of more than 20,000 but less than 50,000 RMB shall be imposed.
Article 108 If a construction unit, in violation of Section 2 of Article 20 and Section 1 of Article 70 of these regulations, has failed to provide or hand over related materials, the district responsible department shall order that corrections be made by a deadline; if corrections have not been made after the deadline, the district responsible department shall give a warning, and impose a fine of more than 100,000 but less than 200,000 RMB.
If a realty service enterprise, in violation of Section 2 of Article 70 and Article 71 of these regulations, has failed to hand over related materials, property, etc. to a newly selected and contracted realty service enterprise at the end of the realty service contract, the district responsible department shall order that corrections be made by a deadline; if corrections have not been done after the deadline, a fine of more than 20,000 but less than 100,000 RMB shall be imposed; if the circumstances are serious, the municipal responsible department shall revoke or suggest revoking the certificate of qualifications.
Article 109 If a construction unit, a realty service enterprise, in violation of Section 3 of Article 70 of these regulations, has intentionally disclosed materials on proprietors, the district responsible department shall impose a fine of 20,000 RMB, and a fine of 5,000 RMB shall be imposed on directly responsible person.
If a member of the council of proprietors, an alternate member of the council of proprietors, or executive secretary has intentionally disclosed materials on proprietors, the district responsible department shall impose a fine of 10,000 RMB.
Article 110 If a construction unit, in violation of Article 74 of these regulations,
has selected and contracted a realty service enterprise by agreement without authorization, the district responsible department shall order correction by a deadline, and impose a fine of more than 100,000 but less than 200,000 RMB.
If a general meeting of proprietors, a council of proprietors, in violation of Article 74 of these regulations, has selected and contracted a realty service enterprise by agreement without authorization, the district responsible department shall order correction by a deadline, and impose a fine of 10,000 RMB on the member of the council of proprietors who should be responsible.
Article 111 If a realty service enterprise, in violation of Article 75 of these regulations, has failed to report the realty service contract to the district responsible department to be put on file, the district responsible department shall order correction by a deadline, and impose a fine of 5,000 RMB.
Article 112 If a realty service enterprise, in violation of Article 77 of these regulations, has refused to withdraw from a realty management estate, the district responsible department shall order the enterprise to withdraw by a deadline; if the enterprise has not withdrawn after the deadline, the district responsible department shall order returning the realty service fees collected after the deadline, and impose a fine of 50,000 RMB per month; if the enterprise has not withdrawn 3 months after the deadline, the municipal responsible department shall revoke or suggest revoking its certificate of qualifications.
Article 113 If there is failure to keep safe and clean the facilities of realty such as roof, outside wall, etc. in violation of Article 81 of these regulations, the district responsible department shall order proprietors, general meeting of proprietors, or realty service enterprise to repair, paint, and impose a fine of more than 1,000 but less than 5,000 RMB.
Article 114 If a realty service enterprise, in violation of Article 85 of these regulations, has failed to perform the obligation to collect the special fund of realty maintenance and repair, the district responsible department shall order it to recover the fund; if the implementation of the order has been rejected for reasons unrelated to proprietors, the district responsible department shall order the realty enterprise to make a payment instead. The realty service enterprise which has paid for the special fund of realty maintenance and repair instead shall have the right to collect the special fund from those proprietors who have not made a payment.
If a realty enterprise has failed to deposit the special fund of realty maintenance and repair in the special account after the deadline, the district responsible department shall order depositing by a deadline, and impose a fine of 10,000 RMB per month after the deadline.
Article 115 If a realty service enterprise, in violation of related provisions, has encroached on or misappropriated the special fund of realty maintenance and repair, the district responsible department shall, according to law, recover the fund which is encroached upon or misappropriated, give a warning, confiscate illegal earnings, and impose a fine of double what has been encroached upon or misappropriated.
Article 116 If a construction unit has not paid for the special fund of common facilities according to Article 91 of these regulations and also refused to implement the order of the district responsible department to make a payment by a deadline, the district responsible department shall impose a fine of 5/10,000 of the overdue payment per day after the deadline; if the circumstances are serious, the municipal responsible department shall revoke or suggest revoking the related certificate of qualifications.
Article 117 If a realty service enterprise, in violation of Section 1 of Article 92 of these regulations, has refused to transfer the fund of residential maintenance and repair, the district responsible department shall order transferring by a deadline; if transferring has not been done after the deadline, a fine of 50,000 RMB per month shall be imposed after the deadline.
Article 118 If a realty service enterprise, in violation of Article 95 of these regulations, has failed to publish the income and expenses of the realty service fees every quarter, the district responsible department shall order correction and impose a fine of 5,000 RMB; if a council of proprietors, in violation of Article 95 of these regulations, has failed to make public the auditing report within the realty management estate, the district responsible department shall order correction and impose a fine of 5,000 RMB on the directly responsible person.
Article 119 If a realty service enterprise, in violation of Article 96, has failed to publish the income and expenses of the special fund of realty maintenance and repair on time, the district responsible department shall order correction and impose a fine of 5,000 RMB.
Article 120 If a realty service enterprise, in violation of Article 97 of these regulations, has failed to have the prices of realty service marked clearly, the department in charge of prices shall inflict punishments on the enterprise according to law.
Article 121 If a construction unit, realty service enterprise, council of proprietors, in violation of the related provisions of these regulations, has failed to hand over related materials and property promptly or to withdraw from a realty management estate according to an agreement, and refuses to make corrections after the district responsible department has inflicted punishments according to law, the district responsible department shall suggest that the public security organization should inflict punishments on directly responsible persons according to Article 23 of Law of the People’s Republic of China on Punishments in Public Order and Security Administration.
Chapter VIII Supplementary Provisions
Article 122 If there is no provision in these regulations on the related matters of realty service, these matters shall be dealt with according to the related provisions of law, regulations.
Article 123 If a residential quarter has not established a general meeting of proprietors and elected a council of proprietors, the district responsible department jointly with the subdistrict office, after soliciting opinions from the proprietors or users of the residential quarter and obtaining written approval from more than half of them, shall designate the neighborhood committee of the area where the reality is located to execute the duties of the general meeting of proprietors and the council of proprietors stipulated by these regulations instead.
Article 124 The municipal responsible department shall formulate model texts of realty service contract, rules of procedures of the general meeting of proprietors and the council of proprietors, provisional management bylaw, management bylaw, etc.
Article 125 If these regulations require the municipal government or related municipal responsible departments to formulate specific implementation measures, model texts, the municipal government or related municipal responsible departments shall work them out within 12 months after these regulations take effect.
Article 126 If these regulations prescribe fine as a punishment, the municipal responsible department shall formulate specific implementation standards which should be implemented at the same time when these regulations are implemented.
Article 127 These regulations shall take effect as of January 1, 2008, Regulations of the Shenzhen Special Economic Zone on the Realty Administration of Residential Quarters adopted at the Twenty-Third Meeting of the Standing Committee of the First Shenzhen Municipal People’s Congress on June 18, 1994 and revised at the Thirty-Third Meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on June 25, 2004 shall be abolished at the same time.
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