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What are the consequences of not paying the parking space maintenance fund?
Legal basis: Measures for the Administration of Special Maintenance Funds for Residential Buildings Article 12 The owner of commercial housing shall deposit the first special maintenance fund for residential buildings into the special account for special maintenance funds for residential buildings before going through the house occupancy formalities. The owner of the sold public housing shall deposit the first special maintenance fund of public housing into the special maintenance fund account of public housing or hand it over to the selling unit for deposit into the special maintenance fund account of public housing before going through the housing check-in formalities. Units selling public housing houses shall deposit the extracted special maintenance funds for public housing houses into the special account of special maintenance funds for public housing houses within 30 days from the date of receiving the payment for selling houses.
Thirteenth not according to the provisions of the deposit of the first residential special maintenance funds, development and construction units or public housing units shall not be delivered to the buyer.
First, the consequences of overdue payment of maintenance funds
First of all, this fee needs to be paid before the owner delivers the house. Generally speaking, the housing maintenance fund is also collected by the developer, and then transferred to the real estate management center by the developer.
If the maintenance fund is late, the consequences will be more serious. If the house maintenance fund and deed tax are not paid, it is impossible to apply for the real estate license. It is stipulated that the owner needs to pay the deed tax and maintenance fund to the housing management department with the contract, purchase bill, ID card, household registration book and marital status certificate within 90 days after the house is closed. For late payment, a penalty of 0.5 ‰ will be charged every day.
Second, which department should the maintenance fund be handed over to?
1, the owner's maintenance fund is for developers, many developers will have accounts, as long as you put the money into the account, there are not many procedures. Public maintenance funds are owned by the owners and should be decided by the owners themselves, but now all localities are basically managed by the Housing Authority.
2. In the community where the owners' committee is established, the owners' committee shall set up a special account in the designated bank, transfer the maintenance funds into the special account and use it according to the regulations, and the relevant departments of the housing management department shall implement it. The development of different regions is very uneven, the northern and southern regions are doing better, and it is difficult for other regions to be managed by industry committees.
At present, there are not many industry committees that can persist and operate well for a long time. It is really worrying to entrust such a large sum of money to an extremely unstable organization for management.
3. How to inquire about the maintenance fund?
1. We can check online or go to the local housing provident fund office. The inquiry of housing maintenance fund should start from the ownership of housing maintenance fund: the maintenance fund belongs to all owners, and a special account should be set up for management and earmarking, and it should be regularly inspected and supervised by the owners' assembly and owners' committee. Maintenance fund details are generally set according to a single house.
2. According to the regulations, the maintenance funds of buildings and their ancillary facilities belong to the owner * * *, which can be used for the maintenance of elevators, water tanks and other * * * parts, and the collection and use of maintenance funds should be announced.
3. Before the unit handles the house property certificate for the owner, the maintenance fund collected will be entrusted to the local property management department for escrow. After the conditional community is submitted to the owners' meeting by the owners' committee for decision, it can be entrusted to the owners' committee or the property management company for escrow.
legal ground
People's Republic of China (PRC) Civil Code
Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578 Where a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the time limit for performance expires.
Article 579 If one party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may demand payment.
Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
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