Chapter III of the Measures for the Administration of Chongqing Property Special Maintenance Funds

Twentieth the specific scope and conditions of the use of special property maintenance funds shall be based on the provisions of the property service contract. If there is no agreement or unclear agreement in the property service contract, the guiding standards formulated by the municipal real estate administrative department in conjunction with the municipal price administrative department shall prevail.

The following expenses shall not be charged from the property special maintenance funds:

(a) according to the realty service contract, the realty service enterprise shall pay the maintenance cost of * * * parts and * * * facilities and equipment from the realty service fee;

(two) according to the law should be borne by the development and construction unit of the property * * * parts, * * facilities and equipment maintenance, renovation and renovation costs;

(three) all parts and facilities of the property are damaged artificially, and the repair costs required by the parties;

(four) according to the law should be borne by the relevant units of water supply, power supply, gas supply, heating, communications, cable television and other pipeline facilities and equipment maintenance, maintenance costs.

Twenty-first property special maintenance funds shall be borne in accordance with the following provisions:

(a) the cost of maintenance, renewal and transformation of the proprietary part shall be borne by the owner of the proprietary part;

(2) Some * * and some * * maintenance, renewal and renovation costs shall be shared by some * * and some owners according to their respective construction areas;

(3) All maintenance, renewal and renovation costs of * * * parts shall be shared by all owners in proportion to their construction area;

(four) if the house is not completely sold, the development and construction unit shall share the cost of maintenance, renewal and transformation of * * * parts and * * * facilities and equipment according to the proportion of the construction area of the unsold part.

The cost of maintenance, renewal and transformation of the housing reform housing and its parts and facilities shall be paid from the first special maintenance fund of the housing reform housing. The insufficient part shall be borne by the owner in accordance with the provisions of the first paragraph of this article.

Twenty-second need to use special maintenance funds for property, it shall formulate the use plan. The usage plan shall include the following contents:

(a) the specific scope and content of maintenance, renewal and transformation;

(two) maintenance, renewal, renovation plan and project plan;

(3) Cost budget and schedule;

(four) other contents related to the use of special maintenance funds for property.

Article 23 The use scheme of special maintenance funds for property shall be formulated by the owners' committee and publicized within the property management area for more than 5 days, accounting for more than 2/3 of the total number of owners of * * * parts and * * * facilities and equipment that need maintenance, renewal and transformation, and accounting for more than 2/3 of the total number of owners of * * * parts and facilities and equipment that need maintenance, renewal and transformation.

If the owners' committee has not been established or the owners' committee has not formulated a plan for the use of special maintenance funds for the property, the realty service enterprise or the owner's representative may also put forward a plan for the use, and publicize and obtain consent in accordance with the provisions of the preceding paragraph under the guidance and supervision of the township people's government and sub-district offices where the property is located.

The construction unit of the maintenance, renewal and renovation project shall be determined by the owners' committee, the property service enterprise or the owner's representative through consultation, and shall be publicized within the property management area for 3 days. If the exclusive part accounts for * * * all the parts that need to be repaired, updated and modified, and the owners who own * * * facilities and equipment account for more than13 of the total construction area, and the owners who own * * * all the parts that need to be repaired, updated and modified account for more than13 of the total owners involved in * * * facilities and equipment, the objection shall be determined through bidding.

Twenty-fourth to apply for special maintenance funds for property, the following materials shall be submitted:

(a) the use of special maintenance funds for property;

(two) the project construction (maintenance) contract signed with the construction unit;

(3) A list of owners whose exclusive parts account for more than two-thirds of the total construction area and more than two-thirds of the total number of people, information on facilities and equipment and certification materials approved by the owners;

(four) publicity content, publicity instructions or written proof materials of the neighborhood offices and Township People's governments where the property owners' committee is located;

(five) the name of the special account management bank and account;

(6) Other relevant materials.

Article 25 During the escrow period of the administrative departments of real estate in counties (autonomous counties), the administrative departments of real estate in counties (autonomous counties) where the property is located shall conduct an audit within 7 working days after receiving the application materials submitted by the owners' committee, property service enterprises or owners' representatives. After examination and approval, the administrative department of real estate of the county (autonomous county) shall transfer the special maintenance fund of the property from the special maintenance fund account of the property according to the progress of the project.

Owners need to collect property special maintenance funds after self-management, and the owners' committee shall report the materials specified in Article 24 of these Measures to the real estate administrative departments of counties (autonomous counties) where the property is located for the record before transferring the property special maintenance funds. The real estate administrative department shall, within 7 working days, issue a record certificate, and if it is found that it does not conform to the provisions of laws and regulations, it shall submit a written order to correct it.

Need to use the first phase of housing reform special maintenance funds, housing reform special maintenance fund management institutions should be reviewed within 7 working days after receiving the application materials of housing reform units. After examination and approval, the property special maintenance fund management institution of housing reform shall transfer the property special maintenance fund from the property special maintenance fund account according to the progress of the project.

Twenty-sixth special property maintenance funds can only be transferred to the account of the construction unit determined in the project construction (maintenance) contract.

Property special maintenance funds shall be settled by telegraphic transfer, remittance or transfer check, and cash shall not be withdrawn, and other bills or settlement vouchers shall not be used. However, in the event of emergency maintenance as stipulated in Article 28 of these Measures, and the cost of maintenance, renewal and transformation is less than 2,000 yuan, cash can be withdrawn.

Twenty-seventh maintenance, renovation, renovation project is completed, the owners' committee, property services companies or owners' representatives shall check and accept, and the following materials in the property management area publicity for more than 5 days, and archive:

(a) the project settlement report prepared by the construction unit;

(2) Maintenance cost list and bills;

(3) Maintaining the schedule of expenses allocation;

(4) Other relevant information.

If the cost of maintenance, renovation and reconstruction exceeds the approved budget by more than 20% or exceeds the amount of 1 000 yuan, the excess part shall be re-declared in accordance with the procedures stipulated in these Measures.

Twenty-eighth in the event of the following emergencies that endanger the safety of the house, the * * * parts and * * * facilities and equipment of the property shall be repaired, updated and transformed immediately:

(a) roof and wall leakage (unless otherwise agreed);

(two) power failure or line failure caused by leakage;

(three) due to pump failure, water inlet pipe rupture caused by water stoppage or serious leakage of gate valve;

(four) the downspout is seriously blocked, and the water tray and other equipment are leaking;

(5) The pedals of floors and escalators are broken, and the handrails of public balconies, balconies and escalators are loose or damaged;

(six) the paint on the facade of the building is in danger of falling off;

(seven) elevator failure endangers personal safety;

(eight) the function of fire control facilities is out of order;

(nine) the safety monitoring facilities are not running;

(10) Other properties and * * * facilities and equipment have caused or may cause harm to public safety, public interests and the legitimate rights and interests of others.

Article 29 When the administrative departments of real estate in counties (autonomous counties) encounter the circumstances specified in Article 28 of these regulations during the escrow period, the owners' committee, the property service enterprise or the relevant owners shall immediately report to the township people's government and the subdistrict office where the property is located, and after the certification is issued by the township people's government and the subdistrict office where the property is located, apply in writing to the administrative departments of real estate in counties (autonomous counties) for pre-allocation of special maintenance funds for the property.

The real estate administrative departments of counties (autonomous counties) shall allocate funds within 24 hours after receiving the written application, and the institutions applying for allocating funds shall immediately carry out emergency repair.

Thirtieth owners self-management, the occurrence of the provisions of article twenty-eighth, the owners' committee or the realty service enterprise shall immediately report to the township people's government, the street office where the property is located. The owners' committee shall, under the guidance and supervision of the township people's government and the street office where the property is located, immediately organize repairs and transfer funds.

Article 31 When the circumstances specified in Article 28 occur, if the owners' committee or the realty service enterprise fails to carry out emergency maintenance in accordance with the provisions, the township people's government and sub-district office where the property is located shall organize the maintenance on its behalf, and the emergency maintenance expenses shall be charged from the special maintenance fund account of the property.

Thirty-second after the completion of emergency repair, the relevant expenses shall be publicized in accordance with the provisions of the first paragraph of Article 27 of these Measures.