New Property Management Ordinance (revised in 2007)

[issuing unit] State Council

[issue No.] order No. 504 of the State Council

[date of issue] August 26, 2007

[effective date] October 1, 2007

New property management regulations

(promulgated by order No. 379 of the State Council of the people's Republic of China on June 8, 2003, and revised according to the decision of the State Council on Amending the regulations on property management on August 26, 2007)

catalog

Chapter I General Provisions

Chapter II owners and owners' meeting

Chapter III prophase property management

Chapter IV property management services

Chapter V use and maintenance of property

Chapter VI Legal Liability

Chapter VII supplementary provisions

Property management regulations

Chapter I General Provisions

Article 1 These Regulations are formulated for the purpose of regulating property management activities, safeguarding the legitimate rights and interests of owners and property service enterprises, and improving the living and working environment of the people.

Article 2 the term "property management" as mentioned in these Regulations refers to the activities in which the owners select and employ property service enterprises, and the owners and property service enterprises, according to the property service contract, to repair, maintain and manage the houses, supporting facilities and equipment and related sites, so as to maintain the environmental sanitation and relevant order in the property management area.

Article 3 the State encourages owners to select property service enterprises through an open, fair and just market competition mechanism.

Article 4 the State encourages the adoption of new technologies and methods, and relies on scientific and technological progress to improve the level of property management and service.

Article 5 the construction administrative department of the State Council shall be responsible for the supervision and administration of property management activities throughout the country.

The real estate administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of property management activities within their respective administrative areas.

Chapter II owners and owners' meeting

Article 6 the owner of a house is the owner.

Owners shall enjoy the following rights in property management activities:

(1) Accept the services provided by the property service enterprises in accordance with the provisions of the property service contract;

(2) Propose to hold a meeting of the owners' meeting and make suggestions on relevant matters of property management;

(3) Put forward the suggestion of making and revising the management regulations and the rules of procedure of the owners' meeting;

(4) Participate in the owners' meeting and exercise the right to vote;

(5) To elect the members of the owners' committee and enjoy the right to be elected;

(6) Supervise the work of the owners' Committee;

(7) Supervise the property service enterprises to fulfill the property service contracts;

(8) They have the right to know and supervise the use of common parts, facilities and equipment and related sites;

(9) Supervise the management and use of special maintenance funds for common parts and common facilities and equipment (hereinafter referred to as special maintenance funds);

(10) Other rights stipulated by laws and regulations.

Article 7 owners shall perform the following obligations in property management activities:

(1) Abide by the management regulations and the rules of procedure of the owners' meeting;

(2) Abide by the rules and regulations on the use of common parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(3) Implement the decisions of the owners' meeting and the decisions made by the owners' committee authorized by the owners' meeting;

(4) Pay special maintenance funds in accordance with relevant national regulations;

(5) Pay property service fee on time;

(6) Other obligations stipulated by laws and regulations.

Article 8 all owners in the property management area shall form the owners' meeting.

The owners' Congress shall represent and safeguard the legitimate rights and interests of all owners in the property management activities within the property management area.

Article 9 a property management area shall establish a general meeting of owners.

The division of property management areas should consider the common facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the central government.

Article 10 the owners in the same property management area shall establish the owners' assembly and elect the owners' committee under the guidance of the real estate administrative department of the district or county people's government or the sub district office of the people's Government of the town or township where the property is located. However, if there is only one owner, or the number of owners is small and the owners decide not to set up the owners' meeting by consensus, the owners shall jointly perform the responsibilities of the owners' meeting and the owners' committee.

Article 11 the following matters shall be jointly decided by the owners:

(1) To formulate and revise the rules of procedure of the owners' meeting;

(2) Formulate and revise management regulations;

(3) To elect or replace the members of the owners' Committee;

(4) Selecting and dismissing property service enterprises;

(5) Raise and use special maintenance funds;

(6) Rebuilding and rebuilding buildings and their ancillary facilities;

(7) Other major matters related to joint ownership and joint management rights.

Article 12 the meeting of the owners' Congress may be held in the form of collective discussion or written solicitation of opinions; however, it shall be attended by owners whose proprietary part accounts for more than half of the total area of the building and more than half of the total number of owners in the property management area.

The owner may entrust an agent to attend the meeting of the owners' Congress.

The owners' meeting shall obtain the consent of the owners whose exclusive part accounts for more than 2 / 3 of the total area of the building and more than 2 / 3 of the total number of the owners to decide on the matters specified in Article 11 of the regulations; the owners' meeting shall obtain the consent of the owners whose exclusive part accounts for more than half of the total area of the building and more than half of the total number of the owners.

The decisions of the owners' meeting or the owners' committee shall be binding on the owners.

If a decision made by the owners' assembly or the owners' committee infringes upon the legitimate rights and interests of the owners, the infringed owner may request the people's court to cancel it.

Article 13 the general meeting of owners is divided into regular meeting and temporary meeting.

Regular meetings of the owners' Congress shall be held in accordance with the rules of procedure of the owners' Congress. Upon the proposal of more than 20% of the owners, the owners' committee shall organize and hold an interim meeting of the owners' meeting.

Article 14 all owners shall be informed 15 days before the meeting is held.

At the same time, the relevant residents committee shall be informed of the meeting of the owners' Congress of the residential quarter.

The owners' committee shall make minutes of the owners' meeting.

Article 15 the owners' committee shall carry out the decisions made by the owners' meeting and perform the following duties:

(1) To call a meeting of the owners' meeting and report on the implementation of property management;

(2) Sign property service contracts with the property service enterprises selected by the owners' Congress on behalf of the owners;

(3) Timely understand the opinions and suggestions of owners and property users, supervise and assist property service enterprises to perform property service contracts;

(4) Supervise the implementation of management regulations;

(5) Other duties assigned by the owners' meeting.

Article 16 the owners' committee shall, within 30 days from the date of election, file a record with the real estate administrative department, sub district office and Township People's Government of the district or county where the property is located.

The members of the owners' committee shall be the owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability.

The chairman and deputy director of the owners' committee shall be elected from among the members of the owners' committee.

Article 17 the management regulations shall stipulate in accordance with the law such matters as the use, maintenance and management of the property concerned, the common interests of the owners, the obligations to be performed by the owners, and the responsibilities to be borne in violation of the management regulations.

Management regulations shall respect social morality and shall not violate laws and regulations or damage public interests.

Management regulations are binding on all owners.

Article 18 the rules of procedure of the owners' meeting shall be stipulated on the discussion methods, voting procedures, composition of the owners' committee and the term of office of the members.

Article 19 the owners' assembly and the owners' committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management.

If the decision made by the owners' assembly or the owners' committee violates laws and regulations, the real estate administrative department of the people's Government of the district or county or the sub district office or the Township People's Government where the property is located shall order it to correct or cancel the decision within a time limit and notify all owners.

Article 20 the owners' assembly and the owners' committee shall cooperate with the public security organ and the residents' committee to do a good job in maintaining the social security in the property management area.

In the property management area, the owners' assembly and the owners' committee shall actively cooperate with the relevant residents' committees to perform their duties of autonomous management according to law, support the residents' committees to carry out their work, and accept their guidance and supervision.

The decisions made by the owners' meeting and the owners' committee of a residential district shall be informed to the relevant residents' committees and the suggestions of the residents' committees shall be carefully listened to.

Chapter III prophase property management

Article 21 before a realty service enterprise is selected and employed by the owners and the owners' Congress, the construction unit shall sign a written prophase realty service contract.

Article 22 a construction unit shall, before selling a property, formulate a temporary management statute, which shall stipulate in accordance with the law such matters as the use, maintenance and management of the property concerned, the common interests of the owners, the obligations to be performed by the owners, and the responsibilities to be borne in violation of the temporary management regulations.

The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of the property buyer.

Article 23 the construction unit shall clearly state and explain the temporary management regulations to the property buyer before the property is sold.

When signing the property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary management regulations.

Article 24 The State encourages the construction unit to select and employ property service enterprises with corresponding qualifications through bidding according to the principle of separating real estate development from property management.

The construction unit of residential property shall select and employ property service enterprises with corresponding qualifications by means of bidding; if there are less than three bidders or the residential scale is small, with the approval of the real estate administrative department of the people's Government of the district or county where the property is located, the property service enterprise with corresponding qualification can be selected and employed by agreement.

Article 25 the sales contract signed between the construction unit and the property buyer shall contain the contents stipulated in the prophase property service contract.

Article 26 The term of the prophase realty service contract may be stipulated; however, if the term is not expired and the realty service contract signed by the owners committee and the realty service enterprise takes effect, the prophase realty service contract shall be terminated.

Article 27 the owner shall not dispose of the ownership or use right of the common parts, facilities and equipment shared by the owners without authorization.

Article 28 when a property service enterprise undertakes a property, it shall inspect the common parts and facilities of the property.

Article 29 when going through the procedures for acceptance of property undertaking, the construction unit shall hand over the following materials to the property service enterprise:

(1) As built general layout, as built drawings of single buildings, structures and equipment, as built drawings of supporting facilities and underground pipe network engineering, etc;

(2) Technical data of installation, use and maintenance of facilities and equipment;

(3) Property quality warranty documents and property use instructions;

(4) Other information necessary for property management.

The property service enterprise shall hand over the above-mentioned materials to the owners' committee when the early-stage property service contract is terminated.

Article 30 the construction unit shall allocate necessary housing for property management within the property management area in accordance with the provisions.

Article 31 the construction unit shall bear the responsibility for the maintenance of the property in accordance with the term and scope of the warranty stipulated by the state.

Chapter IV property management services

Article 32 An enterprise engaged in property management activities shall have independent legal personality.

The State implements a qualification management system for enterprises engaged in property management activities. The specific measures shall be formulated by the construction administrative department of the State Council.

Article 33 Personnel engaged in property management shall obtain professional qualification certificates in accordance with relevant provisions of the state.

Article 34 a property management area shall be managed by a property service enterprise.

Article 35 the owners committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' Congress.

The property service contract shall stipulate the property management matters, service quality, service fee, rights and obligations of both parties, management and use of special maintenance funds, house for property management, contract period, liability for breach of contract, etc.

Article 36 A realty service enterprise shall provide corresponding services in accordance with the provisions of the realty service contract.

If the property service enterprise fails to fulfill the provisions of the property service contract, resulting in damage to the owner's personal and property safety, it shall bear the corresponding legal liability according to law.

Article 37 when a property service enterprise undertakes a property, it shall go through the property acceptance procedures with the owners committee.

The owners' committee shall hand over the materials specified in the first paragraph of Article 29 of these regulations to the property service enterprise.

Article 38 the ownership of the house for property management shall belong to the owner according to law. Without the consent of the owners' meeting, the property service enterprise shall not change the use of the property management room.

Article 39 when a realty service contract is terminated, the realty service enterprise shall return the house for property management and the materials specified in the first paragraph of Article 29 of these regulations to the owners committee.

When the property service contract is terminated and a new property service enterprise is selected by the owners' meeting, the property service enterprises shall do a good job in the handover.

Article 40 a realty service enterprise may entrust the special service business within the property management area to a professional service enterprise, but shall not entrust all the property management in the area to others at the same time.

Article 41 realty service charges shall follow the principles of reasonableness, openness and compatibility of fees with service levels, and distinguish the nature and characteristics of different properties. Property owners and property service enterprises shall stipulate in the property service contract in accordance with the property service charging methods formulated by the competent pricing department of the State Council and the construction administrative department of the State Council.

Article 42 An Owner shall pay the realty service fee in accordance with the provisions of the realty service contract. If the owner and the property user agree that the property user shall pay the property service fee, the owner shall be jointly and severally liable.

For the completed property which has not been sold or handed over to the property buyer, the property service fee shall be paid by the construction unit.

Article 43 the price department of the people's government at or above the county level, together with the real estate administrative department at the same level, shall strengthen the supervision over the property service charges.

Article 44 A realty service enterprise may, upon the entrustment of the owner, provide services other than those stipulated in the property service contract, and the service remuneration shall be agreed upon by both parties.

Article 45 within the property management area, water supply, power supply, gas supply, heating, communication, cable television and other units shall collect relevant fees from the end users.

If a property service enterprise accepts an entrustment to collect the fees mentioned in the preceding paragraph, it shall not charge the owners any additional fees such as handling charges.

Article 46 property service enterprises shall stop the acts in violation of laws and regulations concerning public security, environmental protection, decoration and use of property within the property management area, and report to the relevant administrative departments in a timely manner.

After receiving the report from the property service enterprise, the relevant administrative department shall stop or handle the illegal act according to law.

Article 47 A realty service enterprise shall assist in the security work within the property management area. When a safety accident occurs, the property service enterprise shall, while taking emergency measures, promptly report to the relevant administrative department to assist in the rescue work.

If a property service enterprise employs security personnel, it shall abide by the relevant provisions of the state. When maintaining public order in the property management area, the security personnel shall perform their duties and shall not infringe upon the legitimate rights and interests of citizens.

Article 48 the rights and obligations of a property user in the property management activities shall be agreed upon by the owner and the property user, but shall not violate the relevant provisions of laws, regulations and management regulations.

If a property user violates the provisions of these regulations and the management regulations, the relevant owners shall bear joint and several liabilities.

Article 49 the real estate administrative department of the local people's government at or above the county level shall promptly handle the complaints from owners, owners' committees, property users and property service enterprises in property management activities.

Chapter V use and maintenance of property

Article 50 the use of public buildings and common facilities built in accordance with the plan in the property management area shall not be changed.

If the owners really need to change the use of public buildings and common facilities according to law, they shall inform the property service enterprises after going through the relevant procedures according to law; if the property service enterprises really need to change the uses of public buildings and common facilities, they shall submit to the owners' meeting for discussion and decision, and then the owners shall go through the relevant procedures in accordance with the law.

Article 51 owners and property service enterprises shall not occupy or excavate roads and sites within the property management area without authorization, thus damaging the common interests of owners.

If the owners really need to temporarily occupy or excavate roads and sites due to the maintenance of property or public interests, they shall obtain the consent of the owners' committee and the property service enterprise; if the property service enterprises really need to temporarily occupy or excavate roads and sites, they shall obtain the consent of the owners' Committee.

Owners and property service enterprises shall restore the roads and sites temporarily occupied or excavated to their original state within the agreed time limit.

Article 52 water supply, power supply, gas supply, heating, communication, cable television and other units shall bear the responsibility for the repair and maintenance of relevant pipelines, facilities and equipment within the property management area according to law.

If the units mentioned in the preceding paragraph temporarily occupy or excavate roads and sites for maintenance and other purposes, they shall restore them to their original state in a timely manner.

Article 53 owners who need to decorate their houses shall inform the property service enterprises in advance.

Property service enterprises shall inform the owners of the prohibited behaviors and precautions in the decoration of houses.

Article 54 owners of residential properties, non residential properties in residential quarters or non residential properties connected with a single residential building structure shall pay special maintenance funds in accordance with the relevant provisions of the state.

The special maintenance fund belongs to the owner and is specially used for the maintenance, renewal and transformation of the common parts and facilities and equipment of the property after the expiration of the warranty period, and shall not be used for other purposes.

Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department of the State Council in conjunction with the financial department of the State Council.

Article 55 in case of using the common parts, facilities and equipment of a property for business operation, the relevant procedures shall be handled in accordance with the provisions after obtaining the consent of the relevant owners, the owners' assembly and the property service enterprise. The income obtained by the owners shall be mainly used to supplement the special maintenance funds, and may also be used according to the decisions of the owners' meeting.

Article 56 when there are potential safety hazards in a property that endangers the public interest and the legitimate rights and interests of others, the responsible person shall timely repair and maintain the property, and the relevant owners shall cooperate.

If the responsible person fails to perform the maintenance obligations, the property service enterprise may, with the consent of the owners' Congress, be responsible for the maintenance.

Chapter VI Legal Liability

Article 57 in violation of the provisions of these regulations, the construction unit of a residential property selects a property service enterprise by means of tendering and bidding, or selects a property service enterprise by agreement without approval, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give a warning, and may also impose a fine of less than 100000 yuan.

Article 58 If a construction unit, in violation of the provisions of these regulations, arbitrarily disposes of the ownership or use right of the common parts of the property or the common facilities and equipment belonging to the owners, the real estate administrative department of the local people's government at or above the county level shall impose a fine of not less than 50000 yuan but not more than 200000 yuan; if losses are caused to the owners, they shall be liable for compensation according to law.

Article 59 those who, in violation of the provisions of these regulations, fail to hand over the relevant materials shall be ordered by the real estate administrative department of the local people's government at or above the county level to make corrections within a time limit; if the relevant materials are still not handed over within the time limit, the construction unit and property service enterprise shall be notified and fined not less than 10000 yuan but not more than 100000 yuan.

Article 60 those who, in violation of the provisions of these regulations, engage in property management without qualification certificate shall be confiscated of their illegal income by the real estate administrative department of the local people's government at or above the county level, and shall be fined not less than 50000 yuan but not more than 200000 yuan; if losses are caused to the owners, they shall be liable for compensation according to law.

Whoever obtains a qualification certificate by deception shall be punished in accordance with the provisions of the first paragraph of this article, and the qualification certificate shall be revoked by the Department that issued the qualification certificate.

Article 61 If a property service enterprise, in violation of the provisions of these regulations, employs a person who has not obtained the professional qualification certificate for property management to engage in property management activities, the real estate administrative department of the local people's government at or above the county level shall order it to stop the illegal act and impose a fine of not less than 50000 yuan but not more than 200000 yuan; if it causes losses to the owners, it shall be liable for compensation according to law.

Article 62 If a property service enterprise, in violation of the provisions of these regulations, entrusts all property management within a property management area to others, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of 30% to 50% of the entrusted contract price; if the circumstances are serious, the qualification certificate shall be revoked by the Department that issued the qualification certificate. The income from entrustment shall be used for the repair and maintenance of the common parts of the property and common facilities and equipment within the property management area, and the remaining part shall be used according to the decision of the owners' meeting; if any loss is caused to the owner, the owner shall be liable for compensation according to law.

Article 63 in case of misappropriation of special maintenance funds in violation of the provisions of these regulations, the real estate administrative department of the local people's government at or above the county level shall recover the misappropriated special maintenance fund, give a warning, confiscate the illegal income, and may also impose a fine of less than twice the amount of misappropriation; If a property service enterprise misappropriates special maintenance funds and the circumstances are serious, the qualification certificate shall be revoked by the Department issuing the qualification certificate; if a crime is constituted, the person in charge directly responsible and other persons directly responsible shall be investigated for criminal responsibility.

Article 64 If a construction unit, in violation of the provisions of these regulations, fails to allocate necessary housing for property management within the property management area, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give a warning, confiscate the illegal income and impose a fine of not less than 100000 yuan but not more than 500000 yuan.

Article 65 if a property service enterprise, in violation of the provisions of these regulations and without the consent of the owners' Congress, changes the purpose of the property management house shall be ordered by the real estate administrative department of the local people's government at or above the county level to make corrections within a time limit, give a warning and impose a fine of not less than 10000 yuan but not more than 100000 yuan; If there is income, the income shall be used for the maintenance and maintenance of the common parts of the property and common facilities and equipment in the property management area, and the remaining part shall be used according to the decision of the owners' meeting.

Article 66 in case of any of the following acts in violation of the provisions of these regulations, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give a warning and impose a fine in accordance with the provisions of the second paragraph of this article; The income is used for the repair and maintenance of the common parts of the property and common facilities and equipment in the property management area, and the remaining part is used according to the decision of the owners' meeting:

(1) Changing without authorization the use of public buildings and common facilities built in accordance with the plan in the property management area;

(2) To excavate and occupy the site and the common interests of the owners without authorization;

(3) Unauthorized use of the common parts of the property, common facilities and equipment for business operation.

If an individual commits one of the acts specified in the preceding paragraph, he shall be fined not less than 1000 yuan but not more than 10000 yuan; if a unit commits one of the acts mentioned in the preceding paragraph, it shall be fined not less than 50000 yuan but not more than 200000 yuan.

Article 67 If the owner fails to pay the property service fee within the time limit in violation of the provisions of the property service contract, the owner committee shall urge the owner to pay the property service fee within a time limit; if the property owner fails to pay the property service fee within the time limit, the property service enterprise may bring a lawsuit to the people's court.

Article 68 If an owner, in the name of the owners' assembly or the owners' committee, engages in activities in violation of laws and regulations, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case does not constitute a crime, he shall be punished for public security administration according to law.

Article 69 If, in violation of the provisions of these regulations, the staff of the construction administrative department under the State Council, the real estate administrative department of the local people's government at or above the county level or other relevant administrative departments take advantage of their positions to accept other people's property or other benefits, fail to perform their duties of supervision and management according to law, or fail to investigate and deal with illegal acts found, thus constituting a crime, they shall be investigated for criminal proceedings according to law If the case does not constitute a crime, administrative sanctions shall be imposed according to law.

Chapter VII supplementary provisions

Article 70 these Regulations shall come into force as of September 1, 2003.

Annex: Decision of the State Council on Amending the regulations on property management

(Order No. 504 of the State Council)

The decision of the State Council on Amending the regulations on property management is hereby promulgated, which shall come into force on October 1, 2007.

Premier Wen Jiabao

August 26, 2007

Decision of the State Council on Amending the regulations on property management

According to the relevant provisions of the property law of the people's Republic of China, the State Council has decided to amend the regulations on property management as follows:

1、 The first paragraph of Article 10 is amended to read: "the owners in the same property management area shall establish the owners' Congress under the guidance of the real estate administrative department or sub district office of the people's Government of the district or county where the property is located, and elect the owners' committee. However, if there is only one owner, or if the number of owners is small and the owners decide not to set up an owners' meeting, the owners shall jointly perform the duties of the owners' meeting and the owners' committee. "

Delete Article 10, paragraph 2.

2、 Article 11 is amended to read: "the following matters shall be jointly decided by the owners:

"(1) to formulate and amend the rules of procedure of the owners' meeting;

"(2) to formulate and amend management regulations;

"(3) to elect or replace the members of the owners' Committee;

"(4) selecting and dismissing property service enterprises;

"(5) to raise and use special maintenance funds;

"(6) rebuilding or rebuilding buildings and their ancillary facilities;

"(7) other major matters concerning the rights of joint ownership and joint management."

3、 Article 12 is amended to read: "the meeting of the owners' Congress may be held in the form of collective discussion or written solicitation of opinions; however, the owners who own more than half of the total area of the building and more than half of the total number of owners shall participate in the meeting.

"The owner may entrust an agent to attend the meeting of the owners' meeting.

"The decision of the owners' Congress on the matters specified in items (5) and (6) of Article 11 of these Regulations shall be approved by the owners whose exclusive part accounts for more than 2 / 3 of the total area of the building and more than 2 / 3 of the total number of the owners; the decision on other matters specified in Article 11 of the regulations shall be approved by the owners whose exclusive part accounts for more than half of the total area of the building and accounts for more than half of the total number of owners.

"The decisions of the owners' meeting or the owners' committee shall be binding on the owners.

"If a decision made by the owners' assembly or the owners' committee infringes upon the legitimate rights and interests of the owners, the aggrieved owner may request the people's court to cancel it."

4、 The second paragraph of Article 19 is amended to read: "if the decision made by the owners' assembly or the owners' committee violates laws and regulations, the real estate administrative department of the district or county people's government or the sub district office or the Township People's Government where the property is located shall order it to correct or cancel the decision within a time limit and notify all owners."

In addition, according to the relevant provisions of the property law of the people's Republic of China, the "property management enterprise" is amended to be "property service enterprise", the "owner's convention" is modified into "the Management Statute", and the "Interim convention of the owner" is modified into the "Temporary Management Statute", and the text of the individual provisions is also amended.

This decision shall come into force as of October 1, 2007.

The Property Management Ordinance shall be amended and re promulgated in accordance with this decision.