Decision of Wuhan Municipal People's Government on Amending the Measures for the Administration of Special Residential Maintenance Funds in Wuhan (20 18)

Order of Wuhan Municipal People's Government

(No.286)

The Decision of the Municipal People's Government on Amending the Measures for the Administration of Special Residential Maintenance Funds in Wuhan, which was adopted at the 56th executive meeting of the Municipal People's Government on May 2, 20 18, is hereby promulgated and shall come into force as of July 20 18.

20 18 may 12

Mayor of Wan Yong

Decision of Wuhan Municipal People's Government on Amending the Measures for the Administration of Special Residential Maintenance Funds in Wuhan

The Municipal People's Government has decided to make the following amendments to the Measures for the Administration of Wuhan Residential Special Maintenance Funds:

First, the first (the State Council DecreeNo. 504th) in the "property management regulations" is amended as "property management regulations", and then "Hubei Province property service management regulations" is added.

2. Paragraph 3 of Article 5 is amended as "The departments of finance, auditing, land planning, quality supervision, public security and fire control shall, according to their respective responsibilities, do a good job in the management of special maintenance funds for houses."

One paragraph is added as the fourth paragraph, that is, "the people's governments of all districts (including the Administrative Committee of Wuhan East Lake New Technology Development Zone, Wuhan Economic and Technological Development Zone, and the Administrative Committee of East Lake Eco-tourism Scenic Area, the same below) are responsible for the comprehensive coordination of the management of residential special maintenance funds within their respective jurisdictions; Sub-district offices and township people's governments are responsible for the management of residential special maintenance funds within their respective jurisdictions. "

Three, one article is added as Article 9, that is, "the residential special maintenance funds deposited by the development and construction units and the owners belong to the owners.

The residential special maintenance funds extracted from the public housing sales funds belong to the public housing sales units. "

Fourth, the original Article 9 is amended as "Article 10 the municipal housing administrative department shall, jointly with the relevant departments, determine the city's residential special maintenance fund special account management bank (hereinafter referred to as the special account management bank) in accordance with the principles of openness, fairness and impartiality, and according to the service quality of commercial banks and other factors, and announce it to the public.

The special account management bank is responsible for the establishment, deposit, use, interest settlement, transfer, settlement, accounting, reconciliation and inquiry of residential special maintenance fund accounts. The municipal housing administrative department shall sign an account management agreement with the account management bank, stipulating the contents of the above services provided by the account management bank and the third-party supervision services involved in the use of special residential maintenance funds. "

Five, the original tenth was changed to eleventh, and the "initial registration" in the second and third paragraphs was changed to "the first registration of real estate".

Six, the original twelfth to thirteenth, the second paragraph of the "housing administrative departments" to "real estate registration agencies", "housing ownership registration" to "real estate registration office".

Seven, the original thirteenth to fourteenth, the second paragraph is amended as "opening a special maintenance fund account for commercial housing. The residential special maintenance fund deposited by the owner shall set up an account with the property management area as the unit, and set up a sub-account according to the house number. If the property management area is not demarcated, an account shall be set up with the building as the unit and a sub-account shall be set up according to the house number; The residential special maintenance fund deposited by the development and construction unit shall be set up in the property management area as a unit, and an account shall be set up according to the building. If the property management area is not delineated, an account shall be set up in units of buildings. "

8. The original Article 17 is amended as "Article 18 when transferring special maintenance funds for houses, the owners' committee shall sign an entrustment agreement with the bank where the account is opened, the local subdistrict office and the township people's government, stipulating that the local subdistrict office and the township people's government shall organize the maintenance and pay the corresponding expenses from the special maintenance funds for houses involved in the maintenance project. "

Nine, the original twenty-fourth amended as "article twenty-fifth in the residential special maintenance funds transferred to the owners' congress management, the use of residential special maintenance funds shall be handled in accordance with the following procedures:

(a) the realty service enterprise puts forward the use plan according to the maintenance and renovation projects. If there is no property service enterprise, the owners' committee will put forward the use plan if the owners' assembly is established, and the community neighborhood committee will organize relevant owners to put forward the use plan if the owners' assembly is not established; The use plan shall include the reasons for applying for the use of residential special maintenance funds, maintenance and renewal, transformation parts, expenses and organization methods. ;

(2) The owners' committee or the community residents' committee shall organize the owners to vote on the use scheme, and obtain the consent of the owners whose exclusive part accounts for more than two thirds of the total construction area within the scope of special maintenance funds for houses and accounts for more than two thirds of the total number. Before voting, the use plan shall be publicized to the owner within the scope of special maintenance funds for residential buildings, and the publicity time shall not be less than 7 days;

(III) After the adoption of the use plan, the owners' committee or community residents' committee shall file an application for filing with the district housing administrative department with the materials such as the use record form of residential special maintenance funds, the voting results of relevant owners and their certificates, the use plan and budget, and the construction contract;

(4) If the materials are complete, the district housing administrative department shall put it on record within 3 working days from the date of acceptance, and issue a notice of transfer of residential special maintenance funds to the special account management bank, with the transfer amount not exceeding 50% of the budgeted funds;

(five) the owners' committee or community residents' committee shall organize the implementation of maintenance, renovation and reconstruction projects according to the use plan;

(six) after the acceptance of the project, the owners' committee or the community residents' committee shall handle the procedures for the disbursement of the balance of maintenance and renovation expenses to the district housing administrative department with the following materials:

1. Maintenance and renewal, renovation project acceptance sheet;

2 maintenance and renovation, renovation project final accounts;

3. invoices for maintenance, updating and renovation projects;

4. Other relevant materials.

(7) If the materials are complete, the district housing administrative department shall issue a notice of transfer of the balance of maintenance and renovation expenses to the special account management bank within 3 working days.

Ten, an increase of twenty-seventh, that is, "to encourage the owners' congress in the management statute and the rules of procedure of the owners' congress to agree on the following voting methods to use residential special maintenance funds:

(1) Entrusted voting: The owner entrusts the voting right of special maintenance funds within a certain period and amount to the owner's committee or owner's representative in writing;

(2) Collective voting: After the owners' meeting takes a one-time collective vote on the use of special housing maintenance funds within a specific scope, it authorizes the owners' committee or the property service enterprise to use them in batches;

(3) Default voting: the owners' meeting agrees that the owners who did not participate in the voting are deemed to have agreed to use the special maintenance fund for the house, and the corresponding voting rights are counted in the affirmative votes;

(4) Objection voting: In the use of special maintenance funds for residential buildings, if the exclusive part of the owners who hold objections accounts for less than one-third of the total construction area and less than one-third of the total number of people, it will be deemed as a vote. "

Xi。 The original Article 26 is amended as "Article 28 The use of special housing maintenance funds shall be subject to the third-party supervision service system such as project cost audit and project supervision, and the specific measures shall be formulated separately by the municipal housing administrative department."

12. The original article 28 is amended as "Article 30". In case of emergency that endangers the use safety of the house and personal and property safety and seriously affects the normal life of the owners, the owners' committee or community residents' committee shall publicize the use plan to the owners within the scope of special housing maintenance funds for not less than 7 days; If the owners have no objection, the owners' committee or community residents' committee shall apply to the district housing administrative department with the application materials for the use of special residential maintenance funds, and use the special residential maintenance funds in accordance with the following provisions:

(a) before the special residential maintenance funds are transferred to the owners' congress for management, the owners' committee or the community residents' committee shall handle them in accordance with the provisions of Items (4) to (7) of Article 25 of these Measures;

(two) residential special maintenance funds transferred to the owners' congress management, the owners' committee shall be handled in accordance with the provisions of article twenty-sixth (four) to (five) of these measures.

The emergency mentioned in the preceding paragraph includes:

(a) the roof and external wall are seriously leaking;

(2) elevator failure;

(three) the facade of the building is in danger of falling off;

(four) fire facilities and equipment failure;

(five) the failure of the secondary water supply facilities, except that it shall be borne by the water supply enterprise according to law or in accordance with the contract;

(six) * * * drainage facilities and equipment due to collapse, blockage, burst and other functional obstacles;

(seven) power supply and distribution system facilities and equipment failure;

(eight) other emergencies that endanger the safety of housing use and personal and property safety and seriously affect the normal life of the owners.

In case of special emergency, if the danger is not eliminated in time, which will seriously endanger the safety of housing use and personal and property safety, the district housing administrative department may accept it first, and organize relevant units to conduct on-site investigation in conjunction with the owners' committee or community residents' committee on the same day; If the situation is true, the project funds shall be pre-allocated within 1 working day according to the proportion not exceeding 50% of the project budget; After the completion of the project, the owners' committee or community residents' committee shall organize the acceptance of the project, make final accounts of the project cost, publicize it to all owners for 7 days within the scope of appropriation, put on record within 3 working days and allocate the remaining project funds according to the facts. "

13. The original article 29 is amended as "article 31". Before the special residential maintenance funds are handed over to the owners' congress for management, if an emergency endangers public safety, and the realty service enterprise or the owners' committee fails to carry out maintenance, renovation and transformation on the parts and facilities used by residential buildings in accordance with the provisions, the local subdistrict office and the Township People's Government may organize the maintenance on their behalf according to the following procedures, and the maintenance expenses shall be charged from the special residential maintenance funds:

(1) Organizing relevant professional departments to conduct appraisal and issuing appraisal reports;

(two) the relevant certificates issued by the community residents committee on engineering matters;

(three) the project budget is compiled by the construction unit with corresponding qualifications and approved by the project cost consulting agency;

(four) to organize the construction unit to carry out emergency repair;

(five) in conjunction with the relevant owners of the maintenance project acceptance, the project cost in the property area publicity for 7 days;

(six) the special account management bank will allocate the required residential special maintenance funds to the maintenance unit.

After the special maintenance funds for houses are handed over to the owners' congress for management, in case of emergency and endangering public safety, if the realty service enterprise or the owners' committee fails to maintain, update or transform the common parts and facilities of houses in accordance with the provisions, the neighborhood offices and township people's governments where they are located may organize maintenance on their behalf according to the procedures specified in the preceding paragraph, and the expenses for maintenance, update and transformation shall be paid out of the special maintenance funds for houses. "

Fourteen, the original thirty-third is amended as "thirty-fifth, when the ownership of the house is transferred, the special maintenance fund of the house in the sub-account of the house is transferred with the ownership of the house at the same time; If the residential special maintenance fund is not deposited as required, it shall be paid in accordance with the regulations. "

Fifteen, the original thirty-fourth amended as "thirty-sixth, the loss of housing, in the process of cancellation of registration in accordance with the following provisions of the return of residential special maintenance funds:

(a) belongs to all the owners of residential special maintenance funds returned to the owners;

(two) belongs to the public housing units all residential special maintenance funds returned to the public housing units; If the public housing sale unit does not exist, it shall be confiscated from the state treasury at the same level according to its financial affiliation. "

Sixteen, thirty-seventh to thirty-ninth, delete the first paragraph (three).

In addition, the order of terms and individual text expressions have been adjusted and modified accordingly. "Wuhan residential special maintenance fund management measures" revised according to this decision, re released.