Reflections on Chinese apartment ownership law (part 2)

Van der Merwe, C. G. (2015-01)

CITATION: Van Der Merwe, C.G. 2015. Reflections on Chinese apartment ownership law (part 2). Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg, 2015(1):26-38.

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The Property Code stipulates that the owners themselves, a professional management firm (service provider) or any other manager may manage the scheme. The Real Estate Management Regulations require that condominium management must be performed by one of the established management firms in the property management district concerned. The management firm must be appointed by all the owners jointly. However, due to the fact that a now repealed regulation of the construction ministry required that a service provider must be appointed prior to the sale of residential units, the general practice is that the initial management firm is appointed by the developer. The regulations provide that the developer must conclude a written provisional contract of services with the firm.

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