Archived(May 28, 2018) (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.) |
Chapter I General Provisions |
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. |
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. |
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. |
The "proprietors" in these regulations referred to the owners of the residences and non-residence houses within the residential quarters. |
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. |
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. |
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. |
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"). |
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. |
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. |
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. |
Chapter II Proprietors General Meeting and Proprietors Committee |
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. |
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. |
Article 10 A proprietors' general meeting shall be composed of the proprietors of its own residential quarter. |
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. |
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. |
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. |
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. |
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. |
Article 13 A proprietors' general meeting may exercise the following powers: |
(1) Electing and recalling the members of the proprietors' committee; |
(2) Supervising the work of the proprietors' committee; |
(3) Hearing and reviewing the working report of the proprietors' committee; |
(4) Deciding major issues concerning the interests of proprietors of the residential quarter; |
(5) Revising and updating the proprietors’ common pledge; |
(6) Revising and canceling the improper decisions made by the proprietors' committee; and |
(7) Approving the constitution of the proprietors' committee. |
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. |
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. |
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. |
A proprietors' committee shall employ one to two executive secretaries, who shall be responsible for routine affairs of the proprietors' committee. |
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. |
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. |
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. |
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. |
Article 18 The proprietors' committee shall be responsible for and report the work to the proprietors' general meetings. |
Article 19 A proprietors' committee shall exercise the following powers: |
(1) Convening and presiding over the proprietors' general meetings; |
(2) Deliberating the use of the residence maintenance fund and the public utilities special fund; |
(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; |
(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; |
(5) Deliberating the charging standard of the property management fee of the residential quarter; and |
(6) Monitoring the property management work over the residential quarter by the property management company. |
The issues set forth in Items (3), (4) and (5) of the preceding paragraph shall be approved by the proprietors' general meeting. |
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. |
Article 20 A proprietors' committee shall fulfill the following obligations: |
(1) Executing all decisions of the proprietors' general meeting; |
(2) Abiding by and performing the contract for property management by entrustment; |
(3) Not engaging in any and all the investment and business activities; and |
(4) Providing support and cooperation for the righteous business and management activities of the property management company. |
Article 21 The proprietors' committee shall abide by the rule of majority to make decisions. |
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. |
Chapter III Property Management Companies and Their Obligations |
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. |
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. |
The contract for property management by entrustment shall be submitted to the district residence management authority for approval. |
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. |
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. |
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. |
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. |
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. |
Article 27 A property management company shall exercise management in respect of the following issues within the scope of the residential quarter: |
(1) The use, repair and maintenance of the housing; |
(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.; |
(3) Cleaning and public health; |
(4) Riding and parking of vehicles; |
(5) Public order; and |
(6) Other matters for management stipulated by the competent municipal residential authority and the contract for property management by entrustment. |
Article 28 A property management company shall have the following rights: |
(1) Formulating property management measures of the residential quarter according to relevant laws, rules and regulations and in the light of specific conditions; |
(2) Collecting management fee according to the contract for property management by entrustment and the relevant rules; |
(3) Deterring the acts in violation of provisions on the property management of the residential quarter; and |
(4) Selecting and employing professional companies to undertake the specialized business and operations. |
Article 29 A property management company shall bear the following obligations: |
(1) Aiming to serve proprietors, and giving priority to social benefits, economic benefits and environment benefits; |
(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; |
(3) Accepting the supervision of the proprietors' committee and the proprietors; |
(4) Organizing or assisting concerned government agencies to provide community living service and develop community cultural activities; and |
(5) Engaging in business activities according to laws, rules and the relevant provisions of the municipal government. |
Article 30 The management over parking of vehicles within the residential quarter shall be uniformly guided and supervised by the public security authority. |
The vehicles entering into the residential quarter shall be parked in the parking lot or the places bearing parking sign according to relevant rules. |
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. |
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. |
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. |
Article 32 Property management companies may enjoy the preferential policies granted by the state to the tertiary industry. |
Chapter IV Proprietors’Common Pledge |
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. |
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. |
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. |
Article 35 A proprietors’ common pledge shall contain the following contents: |
(1) The name, location, area and household number of the residential quarter; |
(2) The status of the public places and public utilities and equipment; |
(3) The procedure for convention of proprietors' general meeting and the mode for deciding the major issues of the residential quarter; |
(4) The rights and usufructs for proprietors for using their residence and the public places in the residential quarter; |
(5) The rights of proprietors for participating in the property management of the residential quarter; |
(6) The right of supervising / monitoring the proprietors' committee and the property management company; |
(7) Collecting charges for all kinds of repair, maintenance and management of the residential quarter; |
(8) The codes of practice that shall be abided by within the residential quarter; |
(9) The liabilities for breach of the proprietors’ common pledge; and |
(10) Other relevant matters. |
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. |
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. |
Chapter V Use and Maintenance of Residential Quarter |
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: |
(1) The planning drawing and the overall as-built plan; |
(2) The as-built drawings for single works, structure and equipment; |
(3) The underground piping and cabling drawings; and |
(4) Other necessary data. |
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. |
Article 38 All the proprietors, leaseholders and other non-proprietor users shall abide by the following rules when using the housing: |
(1) Shall not modify the structure, appearance and usage of the housing without approval by concerned agencies under the Municipal Government; |
(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.; |
(3) Shall not stack flammable, highly toxic, explosive, radioactive materials, except fuels for daily use; |
(4) Shall not utilize the housing to engage in activities prejudicing public interests; and |
(5) Shall not infringe lawful rights and interests of others. |
Article 39 The responsibilities for maintenance of housing shall be classified according to the following provisions: |
(1) The maintenance of indoor portion shall be undertaken by the proprietors; |
(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. |
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. |
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. |
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. |
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. |
Article 42 Proprietors, leaseholders, non-proprietor users and the property management company shall maintain the housing tidy and unified. |
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. |
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. |
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. |
The source of the payment of the cost set forth in the preceding paragraph shall be proclaimed to the proprietors. |
Article 44 The following acts shall be forbidden in the residential quarter: |
(1) Trampling and occupying the green belt; |
(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; |
(3) Throwing rubbish and sundries randomly; |
(4) Building, posting and hanging randomly so as to affect the city appearance; |
(5) Damaging and scrawling gardening or artistic sculpture; |
(6) Gathering a crowd and making a disturbance; |
(7) Parking vehicles and blowing horns randomly; |
(8) Giving out extra-standard noise; |
(9) Releasing and emitting toxic and poisonous substances; |
(10) Engaging in trades forbidden in the proprietors’ common pledge; or |
(11) Other acts forbidden by laws, rules, regulations and the provisions stipulated by the municipal government. |
Chapter VI Specialized Fund and House of Residential Quarter |
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. |
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. |
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. |
The measures for management of the specialized fund for public utilities in the residential quarter are to be formulated by the municipal government. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
Chapter VII Legal Responsibilities |
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. |
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. |
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. |
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. |
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. |
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. |
(1) Extending the charging scope without authorization or increasing the charging standard; |
(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; |
(3) Changing the usage and purpose of the housing specified for certain purpose and failing to use the housing as stipulated; or |
(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. |
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. |
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: |
(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; |
(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; |
(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; |
(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. |
Chapter VIII Supplementary Provisions |
Article 57 The Municipal Government may formulate implementing rules in accordance with these regulations. |
Article 58 The implementation of management of office housing and commercial and residential double-usage housing may refer to these regulations. |
Article 59 These regulations shall take effect as of November 1, 1994. |
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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