Laws of the People's Republic of China

CHAPTER I GENERAL PROVISIONS CHAPTER II PROPRIETORS' AUTONOMOUS MANAGEMENT CHAPTER III PROPERTY MANAGEMENT SERVICES CHAPTER IV THE USE OF PROPERTY CHAPTER V THE MAINTENANCE OF PROPERTY CHAPTER VI FIRST-PHASE PROPERTY MANAGEMENT CHAPTER VII COMPLAINTS CHAPTER VIII LEGAL LIABILITIES CHAPTER IX SUPPLEMENTARY PROVISIONS

   Article 1 With a view to standardizing the use and maintenance of residential property and other management services in this municipality, protecting the legitimate rights and interests of the proprietors, house users and property management enterprises, and creating and maintaining a neat, safe and comfortable living environment, the present Regulations are formulated in accordance with the relevant state laws and regulations, and in line with the actual circumstances of this municipality.

   Article 2 The present Regulations apply to the residential property management within the administrative area of this municipality.

   Article 3 The residential property (hereinafter referred to as property) specified in the present Regulations refers to the residential buildings and relevant public facilities.

The proprietors specified in the present Regulations refer to those who own the property.

The users specified in the present Regulations refer to the lessees of the property and those other persons who actually use the property.

The property management enterprises specified in the present Regulations refer to those which, entrusted by proprietors or proprietors committees, perform professional management services in accordance with the property management and service contracts.

   Article 4 Property management shall follow the principle of combining the autonomous management of proprietors with entrusted professional management services of property management enterprises.

   Article 5 Shanghai Municipal Housing and Land Administration Bureau (hereinafter referred to as the Municipal Housing and Land Administrate on Bureau) shall be the competent authority of this municipality responsible for organizing the enforcement of the present Regulations.

The property management departments at district or county level shall be the administrative departments within their own areas in charge of the administration and supervision of the property management in accordance with the present Regulations.

Administrative departments of construction, planning, municipal administration, public utilities, power, post and telecommunication, environment sanitation, landscape gardening, housing, public security, price control, and industry and commerce shall coordinate in the enforcement of the present Regulations in accordance with their own responsibilities.

Subdistrict offices and township people's governments shall assist relevant administrative departments with supervision of property management and coordination of the mutual relations between property management and community management and services.

CHAPTER II PROPRIETORS' AUTONOMOUS MANAGEMENT

   Article 6 The proprietors committee is an organization which represents all the proprietors in property management within its property management area.

Only one proprietors committee shall be set up within one property management area.

The size of a property management area shall be determined by the district or county housing and land administrative departments in accordance with the relevant conditions of residence and public facilities.

   Article 7 The proprietors committee shall be elected by the proprietors meeting or by the proprietors' representatives meeting. Members of the proprietors committee shall be chosen from the proprietors.

When one of the following situations exists within the property management area, the district or county property management departments concerned shall work jointly with residence-selling units to organize and hold the first proprietors meeting or the proprietors' representatives meeting so as to establish the proprietors committee through election:

1. More than 30% of the floor area of the publicly-owned residential buildings are sold;

2. More than 50% of the floor area of the newly-built commodity residential buildings are sold;

3. The residential buildings have been sold for two years already.

   Article 8 The proprietors meeting shall be composed of all the proprietors within the property management area; the proprietors' representatives meeting shall be formed through proportional election when the proprietors within the property management area are great in number.

The proprietors meeting or the proprietors' representatives meeting shall be attended by more than half of the proprietors or proprietors' representatives. The decisions made by the proprietors meeting or the proprietors' representatives meeting shall be approved by more than half of the proprietors or by more than half of their representatives.

The proprietors committee shall convene the proprietors meeting or the proprietors' representative meeting at least once a year and shall, at the proposal made by more than 15% of the proprietors, or 15% of their representatives, convene the proprietors meeting or the proprietors' representatives meeting to discuss the proposals raised.

The proprietors meeting or the proprietors' representatives meeting shall invite representatives from among the neighborhood committee and house users to attend the meeting as non-voting delegates.

   Article 9 The proprietors meeting or the proprietors' representatives meeting shall exercise the following functions and powers:

1. Elect or recall the members of the proprietors committee;

2. Examine and approve the regulations of the proprietors committee and proprietors' joint pledge;

3. Listen to, examine and approve the work reports on property management services supplied;

4. Make decisions on other major items concerning property management.

   Article 10 The proprietors committee shall, within 15 days after its election, register at the district or county property management departments concerned with the following documents:

1. Application for the registration of the established proprietors committee;

2. the list of member of the proprietors committee;

3. the regulations of the proprietors committee.

The district or county property management departments shall complete the registration within 15 days after receipt of the registration application, and shall reject the application and inform the applicants in written form if the establishment of the proprietors committee does not conform to the provisions of the present Regulations.

   Article 11 The proprietors committee shall be composed of 5 to 15 members according to the size of the property management area.

The chairman and vice-chairmen of the proprietors committee shall be chosen from among the committee members.

The term of the proprietors committee shall be two years.

   Article 12 The proprietors committee shall protect the legitimate rights and interests of all the proprietors and perform the following duties:

1. Convene the proprietors meeting or the proprietors' representatives meeting and report implementation of property management within the area;

2. Engage or discharge property management enterprises, and make, alter, or cancel property management contracts signed with property management enterprises;

3. Be responsible for the raising, use, and management of the property maintenance fund that has been established in accordance with the present Regulations;

4. Examine and determine the annual plan, budget, and final accounts of property management services put forward by the property management enterprise;

5. Listen to complaints and suggestions of the proprietors and house users, and supervise management services conducted by the property management enterprise;

6. Supervise the proper use of public buildings and facilities;

7. Perform other responsibilities delegated by the proprietors or the proprietors' representatives meeting.

The proprietors committee shall hold meeting regularly which shall be effective only when more than half of the committee members attend, and decisions shall be made by more than half of the committee member voting for the decisions.

   Article 13 Residence-selling units shall provide the property management area with necessary houses for property management services in accordance with relevant stipulations, and the ownership of there houses shall belong to all the proprietors; the profit gained from the houses used for property management services shall be spent to cover working expenses of the proprietors committee and replenish the property maintenance fund. Detailed measures be worked out by the Municipal People's Government.

   Article 14 The proprietors group shall be formed by several representatives chosen from among the proprietors in the residential building, and its shall be:

1. Listen to the complaints and suggestions of the proprietors and house users about property management services and report them to the proprietors committee or the property management enterprise;

2. Carry out the decisions made by the proprietors committee;

3. Make proposals about the maintenance and renovation space and facilities for common use.

   Article 15 All the proprietors shall be bound by the proprietors' joint pledge, which is the norms of conduct in the use and maintenance of property and other management services. House users shall abide by the proprietors' joint pledge, too.

The proprietors' joint pledge shall become effective on the day when it is approved by the proprietors meeting or the proprietors' representatives meeting.

The proprietors committee shall, within 15 days after the proprietors' joint pledge becomes effective, submit the pledge for the record to the district (county) property management departments concerned.

   Article 16 The decisions made by the proprietors meeting, the proprietors' representatives meeting and the proprietors committee shall have a binding force on all proprietors and house users within the property management area.

The decisions made by the proprietors meeting, the proprietors' representatives meeting and the proprietors committee shall not contravene the laws and regulations.

CHAPTER III PROPERTY MANAGEMENT SERVICES

   Article 17 The property management enterprise shall, in accordance with relevant stipulations, apply to the Municipal Housing and Land Bureau or the district (county) property management departments with whom it has registered for the qualifications certificate in property management.

The Municipal Housing and Land Bureau and the district (county) property management departments shall, within 20 days after receiving the application from the property management enterprises, ratify and issue the qualifications certificate.

The property management enterprise shall offer property management services as stipulated in qualifications control.

   Article 18 Proprietors or the proprietors committee shall entrust a property management enterprise to handle their property affairs.

After accepting the entrustment to perform property management services. The property management enterprise shall, on accepting the entrustment to render property management services, sign a property management service contract with the proprietors or the proprietors committee.

The property management service contract shall include the following major items:

1. the name and address of the proprietor committee and the property management enterprise;

2. the size of the property management area and the items to be under management;

3. the contents of property management services;

4. the requirements and standards for property management services;

5. the service fees for property management;

6. the duration of property management services;

7. liabilities for breach of contract;

8. the agreement on termination and cancellation of the contract;

9. other items agreed on by both parties concerned.

The duration shall be two years for the property management service contract.

The property management enterprise shall, within 15 days after the property management service contract becomes effective, submit the contract for the record to the district (county) property management departments.

   Article 19 The parties to the property management service contract shall agree on the following property management services:

1. the use, maintenance and renovation of the areas and installation for common use in the residential buildings;

2. the use, maintenance and renovation of the public facilities within the property management area;

3. proper service of operation of the installations of the building, such as elevators and pumps;

4. sanitation and cleaning service;

5. security service;

6. keep accounts of property maintenance and renovation expenses;

7. safekeep the archives and other datum of the property.

The parties to the property management service contract shall agree on the following items in property management services:

1. maintenance and renovation of the private areas and private installations of the building;

2. other items in property management services entrusted by the proprietors committee.

   Article 20 In order to keep the buildings and public facilities in good condition, to render the environment clean tidy and fine to maintain good public order and to ensure the convenience and safety in the use of the property, the property management services shall meet the following requirements:

1. Perform management services in accordance with the technical standards and norms specified by the state and this municipality and the annual plan of the property management services approved by the proprietors committee;

2. Inform the proprietors and house users in writing of the methods, requirements, points for attention before they begin to use the buildings; about the use and maintenance of the areas and installations for common use and public facilities in the buildings;

3. Inspect and examine the property management area regularly and thoroughly, and make periodical maintenance of the areas and installation for common use and public facilities in the residential buildings;

4. Take protective measures immediately after spotting any damage of the areas and installations for common use and public facilities, and repair them as stipulated in the property management service contract;

5. Repair the damages of the property within a time limit when notified of the damages;

6. Keep a good record of the maintenance and renovation of the property and of incomes received and expenses incurred, and keep the property archives and relevant account books properly;

7. Submit the income-expense accounts of property maintenance and renovation to the proprietors committee for examination every six months;

8. Listen to the complaints and suggestions made by the proprietors committee, the proprietors and house users periodically, and improve and perfect the management services;

9. Dissuade and stop any person from violating the present Regulations or the proprietors' joint pledge and report the wrongful act to the proprietors committee and related administrative organs;

10. Offer other management services entrusted by the proprietors committee, the proprietors and house users in accordance with the stipulations of the property management service contract.

Apart from the provisions mentioned above, the property management enterprise shall cooperate with the neighborhood committee in community management and services.

   Article 21 The service fees for property management shall be charge on the principle of reasonableness, openness and in conformity with the management level.

   Article 22 The property management service fees shall include the following:

1. management fees, which shall be used for the daily management within the property management area, including inspection and examination within the property management area, book-keeping of maintenance and renovation expenses, the safekeeping of property archives and datum, as well as other relevant management services;

2. operating cost for installations in buildings which is used as expense needed for service rendered to the operating of installations such as elevators and water-pumps in buildings.

3. sanitation fees, which shall be used for the daily sanitation service within the property management area;

4. security fees, which shall be used for the service rendered to daily security within the property management area;

5. maintenance expenses, which shall be used to pay the expenses for property maintenance.

The fees in Items 1, 2, 3 and 4 above shall be calculated separately once a month. The expenses in Item 5 shall be calculated in accordance with the maintenance that has been actually done.

   Article 23 The standard of property management service fees charged shall be determined in accordance with the following provisions:

1. The standard of service fees for the publicly-owned residential building already sold to its residents shall be determined jointly by the Municipal Price Control Bureau and the Municipal Housing and Land Administration Bureau;

2. The standard of service fee for the ordinary commodity residential buildings for the domestic market shall be determined through negotiation between property management enterprises and proprietors or the proprietors committee within the floating range of base price set by the district (county) price control departments jointly with the property management departments concerned;

3. The standard of the service fees for the high-quality commodity residential buildings for the domestic market and commodity residential buildings to be sold to foreigners shall be determined through negotiation between the property management enterprises and proprietors or the proprietors committee.

The fees for other management services shall be determined through negotiation between the property management enterprise and the proprietors committee or proprietors or house users.

   Article 24 The property management enterprise shall charge the proprietors the property management service fees as stipulated in the property management service contract.

If proprietors and house users have agreed that the property management service fees shall be paid by the house users, the service fees shall be paid as agreed.

If it is agreed that the property management service fees may be collected in advance, the term of advanced payment shall be to more than 3 months.

   Article 25 The items and standards concerning property management service fees shall be made known to the public. If proprietors or house users have paid the property management service fees specified in the present Regulations, no other unit and individual person shall charge any fees of the same nature again.

Proprietors or house users may refuse to pay property management service fees charged by some property management enterprise which has offered services without being entrusted by the proprietors committee, the proprietors or house users.

   Article 26 The property management enterprise shall, within 10 days after the termination or cancellation of the property management service contract, handle the following for the proprietors committee, and report to the district (county) property management departments for the record:

1. Settle the accounts of property management service fees paid in advance and refund the overcharge;

2. Hand over all the archives and relevant account books;

3. Hand over the houses, grounds and other properties jointly owned by the proprietors.

   Article 27 Proprietors and house users shall abide by the relevant provisions of the laws and regulations, follow the principle of being beneficial to the use and safety of the property, and the principle of, fairness and reasonableness, and properly handle the interrelations between water supply, drainage, passage, ventilation, lighting, maintenance, sanitation and environmental protection.

   Article 28 The following acts shall be prohibited in the property use:

1. Damage the load-bearing structures of houses and destroy the appearances of houses;

2. Occupy or damage the areas and installations for common use or move installations for common use to another location;

3. Put up buildings or structures in courtyards or gardens, on platforms, roofs, roads or other places;

4. Occupy greenspace or destroy greenery;

5. Set up vendors' stands and open markets without permission;

6. Dump garbage or odds and ends at random;

7. Put up posters, or draw and carve on building and structures without permission;

8. discharge poisonous or harmful materials or harmful materials, or make noises that go beyond the standard specified;

9. Other acts prohibited by the laws and regulations.

   Article 29 Proprietors or house users shall inform the property management enterprise before they decorate their residential buildings, and the property management enterprise shall inform the proprietors house users of the prohibitions and points for attention in interior decoration.

The property management enterprise shall offer advice on and exercise supervision over interior decoration of residential buildings. When it finds out any act violating Article 28 of the present Regulations, it shall try to stop it and press for correction. It shall report the case to the proprietors committee timely and ask the relevant administrative organs to impose penalties on those who refuse to make the correction in accordance with the laws.

   Article 30 The residential function of the building shall not be changed. If there are any special needs that make a functional change necessary, the change shall be carried out in line with the requirements of the city planning. The proprietor in question shall ask the neighboring proprietors, the house users and the proprietors committee for a written consent and submit the written consent to the district (county) property management departments for examination and approval.

The functions of public buildings and facilities built within the property management area according to plan shall not be changed.

   Article 31 No unit or individual person shall occupy any roads and grounds within the property management area. If there is a need to occupy temporarily any roads or grounds within the management area because of property maintenance or in the public interests, such as digging the roads or grounds, an agreement has to be reached with the proprietors committee, and the original state has to be restored within the time limit agreed on.

The proprietors committee shall make the regulations on motor vehicles' moving about, parking and charging of fee within the property management area except those special vehicles performing the tasks of security, fire fighting, emergency, first-aid and environment protection. Parking fees shall be determined in accordance with the provisions of the district (county) price control departments concerned. The income from vehicle parking shall go into the property maintenance funds and be spent on the maintenance and renovation of public facilities.

   Article 32 Those who use the property to set up business facilities such as advertisements, shall first ask the relevant proprietors, house users and the proprietors committee for a written consent, and then go through formalities for examination and approval at the administrative management department concerned. After given the permission, they shall sign an agreement with the proprietors committee and pay the set-up fees.

The business facilities set-up fees received shall go into the property maintenance funds.

If the property is used for setting up facilities for public welfare, the relevant provisions stipulated by the Municipal People's Government shall be observed.

   Article 33 The disposal and treatment of daily garbage and excrement and urine within the property management area shall follow the relevant provisions on the management of environmental sanitation in this municipality.

   Article 34 When a proprietor transfers or rent out his residence, the proprietors' joint pledge shall be attached as an appendix to the residence transfer contract or the residence lease contract.

The parties concerned shall, within 10 days after the signing of the residence transfer contract or the residence lease contract, inform in writing the proprietors committee and the property management enterprise of the residence transfer or the residence lease.

CHAPTER V THE MAINTENANCE OF PROPERTY

   Article 35 The property maintenance funds shall be established upon the sale of publicly-owned residences and newly-built ordinary commodity houses for domestic market.

The property maintenance fund may be established upon the sale of newly- built high-quality commodity houses for domestic and foreign markets and commodity residential buildings for foreign buyers.

The specific standards and measures for the establishment of property maintenance funds shall be set by the Municipal People's Government.

   Article 36 The residence selling unit shall deposit the property maintenance funds with a financial institution and open a special account in the name of the proprietors' committee at the interest rate of no less than that of the bankdeposit or urban and rural residents.

The property maintenance fund shall have separate accounts for each building, and be calculated household by household.

   Article 37 The property maintenance funds shall be used for the purpose of maintenance and renovation of the areas and installations for common use and public facilities, and shall not be used otherwise.

The proprietors committee shall periodically make public the financial operations of the property maintenance funds and put itself under the supervision of the proprietors.

   Article 38 The expenses on property maintenance and renovation shall be borne in the following ways:

1. Those for private areas and installation shall be borne by the proprietors.

2. Those for areas and installation for common use shall be borne by all the proprietors involved in the whole building in proportion to the floor area each of them possesses.

3. Those for public facilities shall be borne by all proprietors within the property management area in proportion to the floor area each of them possesses.

If the areas, and installations for common use and public facilities in residential buildings are intentionally damaged by some person, the maintenance and renovation expenses shall be borne by the person who is directly liable.

If serious damages occur in the property and affect the safety of the proprietors and house users, the district (county) property management departments shall press for maintenance within set time limit.

If the property maintenance funds appear to be in sufficient, the proprietors shall pay the property maintenance funds in accordance with the decisions made by the proprietors committee and in proportion to the floor area each of them possesses. The expenses on the maintenance and renovation for public facilities in the publicly owned residential building sold to its residents out shall follow the provisions stipulated by the Municipal People's Government.

   Article 39 When areas and installations for common use are under repair, the neighboring proprietors and house users shall coordinate. If anyone brings about property losses to other proprietors and house users by hindering the repairs, he shall be liable for compensation.

If property maintenance and renovation damage the private areas and installations of the neighboring proprietors and house users, or cause other property losses, those liable for the damage and losses shall restore them to their original state or compensate for them.

   Article 40 When proprietors transfer their residences, the balance in the property maintenance fund accounts shall not be refunded but continue to be used for maintenance and renovation of the areas and installation for common use and public facilities in the buildings, the balance of what was paid by the proprietors shall be paid to the transferor by the transferee.

CHAPTER VI FIRST-PHASE PROPERTY MANAGEMENT

   Article 41 The first-phase property management in the present Regulations refers to the property management from the day when a residence is sold to the day when the proprietors' committee is established.

   Article 42 The unit which sells newly-built commodity residential buildings shall make the pledge on residence use before the sale of a residence and draw up the first-property management contract with the property management enterprise it has selected and appointed, and then submit both the joint pledge and the contract to the district (county) property management departments concerned for the record.

When signing the residence transfer contract with the residence buyer, the unit which sells newly-built commodity residential buildings shall attach the residence use contract, first-phase property management service contract and the instructions for using the residence as appendices to the residence transfer contract.

The pledge on residence use shall not contravene the laws and regulations.

   Article 43 The unit which sells newly-built commodity residential buildings is not allowed to transfer separately the ownership's of areas and installations for common use or public facilities and the right to use them.

   Article 44 The unit which sells newly-built commodity residential buildings shall assume the responsibility to maintain them in accordance with the period of guaranteed maintenance and scope of guaranteed maintenance stipulated by the state and this Municipality.

   Article 45 The units which sells newly-built commodity residential buildings shall not use the property management funds during the period of first-phase property management.

   Article 46 The first-phase property management fees between the day when the first-phase property management service contract is signed and the day when the newly-built commodity residential buildings are put to use shall be borne by the residence sellers, while those between the day when the newly-built residential buildings are put to use and the day when the first-phase property management service contract expires shall be borne by the residence sellers and residence buyers in accordance with stipulations of the residence transfer contract.

   Article 47 When newly-built committal residential buildings are put to use, the property management enterprise shall not charge the residence transferees any fees other than those specified in the residence transfer contract.

   Article 48 The pledge on residence use shall not be terminated until the proprietors' joint examined and adopted by the proprietors meeting or the proprietors' representative meeting becomes effective.

The first-phase property management service contract shall not be terminated until the property management service contract, signed between the proprietors committee and the property management enterprise it selected and employed, becomes effective.

   Article 49 The first-phase property management of the publicly-owned residential buildings already sold to their residents shall be exercised by the management unit which is in charge of them before they are sold.

   Article 50 to all the provisions of the present Regulations except those in Chapter are applicable to the first-phase property management.

   Article 51 The Municipal Housing and Land Administration Bureau and the district (county) property management departments shall establish a complaint-accepting system to receive the complaints from the proprietors committee, the proprietors and the house users again any violation of the present Regulations.

   Article 52 The district (county) property management departments shall make investigations and verifications after they have heard a complaint, and give a reply to the complainant within 30 days after the complaint is accepted.

If the complainant has different opinions about the reply from the district (county) property management departments, they may request the Municipal Housing and Land Administration Bureau for re-verification. The Municipal Housing and Land Administration Bureau shall inform the complainants of the result of the re-verification within 30 days after the request is accepted.

   Article 53 If the complaint involves the responsibilities of other administrative departments, the Municipal Housing and Land Administration Bureau or the district (county) property management departments shall hand the complaint over to the relevant departments and inform the complainants about it in writing within 5 days after the complaint is received.

   Article 54 Proprietors and house users shall bear corresponding civil liabilities if they breach the proprietors' joint pledge and the pledge on residence use. The proprietors committee, related proprietors or house users may bring a civil action in the people's court against those who breach the proprietors' joint pledge and the pledge on residence use.

If proprietors or house users fail top pay the property management service fees specified in the property management service contract, the property management enterprise can impose a fine on them for delaying payment, which shall be 3%% of all the payable fees, and calculated on the basis of the number of days that have been delayed, or impose an additional overdue fine as has been agreed on.

The property management enterprise shall bear corresponding liabilities for its own breach of the stipulations specified in the property management service contract, and shall have the liabilities of compensation if it causes the proprietors or house users any losses.

   Article 55 If the decision made by the proprietors meeting, the proprietors' representatives meeting or the proprietors committee violates the present Regulations, the Municipal Housing and Land Administration Bureau or the district (county) property management department shall order them to correct or revoke their decision within a time limit and notify all the proprietors of it.

   Article 56 If the property management enterprise violates the present Regulations, it shall receive penalty according to the following provisions:

1. If it violates Item 1 or Item 3 of Article 17, Item 5 of Article 18, Article 20, Article 26, or Item 2 of Article 29, the Municipal Housing and Land Administration Bureau or the district (county) property management department shall order it to make corrections within a time limit and impose a fine of no less than 1,000 yuan to no more than 30,000 yuan;

2. If it violates Article 23, Item 1 or Item 3 of Article 24, Item I of Article 25 and Article 47, the price control departments shall impose penalties according to relevant laws and regulations.

If the property management enterprise violates the present Regulations in a serious manner, the Municipal Housing and Land Administration Bureau or the district (county) property management departments may impose the penalty of degrading its professional qualifications and even revoke its professional qualifications certificate, and suggest that the industrial and commercial administrative departments cancel its business in property management.

   Article 57 If the unit which sells newly-built commodity residential buildings violate Item 1 of Article 35, Article 36, Article 42, Article 43, Article 44, Article 45 or Article 46, the Municipal Housing and Land Administration Bureau or the district (county) management departments shall order it to make corrections within a time limit impose on them a fine of no less than 10,000 yuan to no more than 50,000 yuan.

   Article 58 If proprietors, house users, other units or individual persons violate the present Regulations, penalties shall be imposed according to the following provisions:

1. The Municipal Housing and Land Administration Bureau or the district (county) property management departments shall order those who violate Item 1, Item 2 or Item 3 of Article 28, Item 1 of Article 30, Item 1 of Article 31, Item 1 of Article 32 to make corrections within a time limit and impose on them a fine of no less than 1,000 yuan to no more than 10,000 yuan;

2. Relevant administrative management departments shall, in accordance with their respective responsibilities and related laws and regulations, impose penalties on those who violate Item 4, Item 5, Item 6, Item 7 or Item 8 of Article 28 or Item 2 of Article 30.

   Article 59 If the property management departments at the municipal, district or county level violate the present Regulations, the Municipal People's Government or the Municipal Housing and Land Administration Bureau shall order them to make corrections or cancel their decisions.

If the staff members of the municipal, or district (county) property management departments neglect their duties, abuse their powers or malpractice for personal gains, the units they work with or the higher authorities shall impose on them disciplinary sanctions. Those whose act constitutes a crime shall be prosecuted for their criminal liability.

   Article 60 For all the acts that violate the municipal management laws and regulations on city appearance, environmental sanitation, environmental protection, municipal factitious greenery, as well as all the acts such as illegal construction, illegal vendors' stands, illegal piling up, illegal occupation of roads, etc., the Subdistrict Supervisory Team shall impose penalties on the wrong and handle the wrongs within the range of their legal responsibilities and in accordance with the laws.

   Article 61 If the party concerned refuses to obey the administrative act of the competent administrative department, he or she may apply for reconsideration or bring an administrative action in the local people's court in accordance with the "Regulations on Administrative Reconsideration" and the "Administrative Litigation Law of the People's Republic of China".

If the party concerned neither applies for reconsideration, nor institutes an action at law and fails to perform the administrative decision within the legal time limit, the department which has made the decision may in accordance with the "Administrative Litigation Law of the People's Republic of China", apply to the people's court for enforcement.

CHAPTER IX SUPPLEMENTARY PROVISIONS

   Article 62 The definitions of the technical terms used in the present Regulations are as follows:

1. Private areas refer to that part of the interior of the residence, consisting of bedrooms, sitting-rooms, kitchens, bathrooms, balconies, courtyards, gardens and interior wall faces inside the residence used by proprietors and house users themselves;

2. Private installations refer to doors, windows, sanitary equipment's, water supply pipes, drainage pipes and gas pipes connected with the main pipelines, and electric wires inside the residence used by proprietors and house users themselves;

3. Areas for common use refer to lobbies, stairs cases, pump rooms, electricity meter rooms, elevator shafts, telephone wire distribution rooms, elevator motor rooms, corridors, janitor's rooms, inner courtyards, load-bearing structures, exterior wall faces and roofs commonly used by proprietors and house users;

4. Installations for common use refer to water supply pipes, drainage pipes, illuminating lamps, garbage passageways, television antennas, water tanks, pumps, elevators, post boxes, lightning arrests, and fire control appliances within the residence commonly used by the proprietors and house users;

5. Public facilities refer to roads, greenspace, parking lots and garages, street lamps, drainage pipes, inspection shafts, septic tanks and garbage boxes (or garbage rooms) within the property management area commonly used by the proprietors and house users;

6. Load-bearing structures refer to foundations, load-bearing walls, beams, pillars, floors and roofs of the houses.

   Article 63 The model versions of the proprietors' joint pledge, the pledge on residence use and the regulations of the proprietors committee shall be drawn up by the Municipal Housing and Land Administration Bureau. The model versions of the property management service contract and the first-phase property management service contract shall be drawn up jointly by Municipal Housing and Land Administration Bureau and the Municipal Industrial and Commercial Administrative Management Bureau.

   Article 64 The non-residential property management within the property management area shall be conducted in the light of the present Regulations.

   Article 65 The Municipal Housing and Land Administration Bureau shall be responsible for the interpretation of the present Regulations in their specific application.

   Article 66 The present Regulations shall become effective on July 1, 1997.