Legal analysis: The Measures for the Administration of Special Maintenance Funds for Residential Buildings, which came into effect on February 1 2008, stipulates that the special maintenance funds for residential buildings shall be paid by all owners and owned by all owners. Under normal circumstances, the maintenance funds are established under the unified supervision of the real estate management department where the property is located, and the property management company or management unit applies for withdrawal. After the establishment of the owners' committee, more than two thirds of the owners' households and construction area agree to hand over the maintenance funds to the industry committee, which will exercise the management right.

Legal basis: Measures for the Administration of Maintenance Funds for Facilities and Equipment in Residential Areas Article 5 When selling commercial houses, the buyer and the seller shall sign an agreement on payment of maintenance funds.