Supervision and withdrawal procedures for the use of property maintenance funds

All along, ordinary owners have only a little knowledge about the payment, supervision and use of property maintenance funds. In practice, developers and property management companies often mislead owners and misappropriate property maintenance funds. In this case, a thorough understanding of the provisions of the property maintenance fund has become the key for owners to protect their own interests.

Maintenance fund

Basic use

According to the property management regulations, all residential quarters must establish property maintenance funds. This fund is specially used for the storage of medium repair, overhaul, renewal and transformation of residential areas or buildings and facilities and equipment damaged, and belongs to all owners.

Who will pay the bill?

The Interim Measures for the Administration of Property Maintenance Fund in Guangzhou clearly stipulates that the property buyers who have obtained the pre-sale permit before September 30 shall pay the maintenance fund at 2% of the house price.1998; If the pre-sale permit for commercial housing is issued after 1 9981June1,the developer shall pay the maintenance fund, unless otherwise agreed in writing between the construction unit and the buyer.

Considering that the maintenance fund should be paid by small owners, it may be difficult to pay it at one time. The Municipal Bureau of Land and Housing Management issued Document < 189 > to determine that small business owners can pay by installments: 3,000 yuan for the first time, and then 1 yuan/square meter every month, and the accumulated amount shall not exceed 2% of the purchase price.

Developers or property management companies must show the approval documents of the Housing Authority to set up a maintenance fund for a certain community or building before they can collect the property maintenance fund from small owners. For developers who intend not to set up a maintenance fund, the owners' committee may sue the court for recovery.

Fund supervision

Personal fund supervision: For the building that has established the maintenance fund or the small business owners who have paid the maintenance fund, each small business owner must have a special card for Guangzhou Property Maintenance Fund issued by Guangdong Branch of Agricultural Bank of China, which is similar to the bank provident fund and savings card. Through this special card, the owner can check the fund amount under his name at any ATM in any business outlet of the Agricultural Bank of China system at any time and supervise the maintenance fund.

Community fund supervision: It is understood that the business department of Guangzhou Beixiu Sub-branch, which is currently entrusted with the specific implementation of Guangzhou property maintenance management funds, has specially developed an information management system for Guangzhou property maintenance funds, and established a special account for every small owner and property that has paid fees. Through this system, all small owners or property management companies can get back the payment and use of this money. Agricultural Bank of China reminds small owners that before buying a house, buyers can go to Beixiu Sub-branch of Guangzhou Agricultural Bank in advance to find out whether there is special maintenance fund for the property. After buying a house, they can also inquire whether the developer will deposit the money in full in their own name as required.

Card: If the small owner pays the property maintenance fund, but does not get the special card for the maintenance fund, he should immediately ask the developer or the property management company for it. If the developer or the property management company refuses to provide it, the small business owner can also get the account letter of Guangzhou property maintenance fund special card from the District Housing Management Bureau and directly apply for the maintenance fund special card from the Agricultural Bank. The procedure is that the owner can get the power of attorney with the real estate license or other valid proof of property right to the District Bureau of State Land and Housing Management where the house is located, and sign it directly to the Agricultural Bank. Generally, you can get the card from the Agricultural Bank within 15 working days without going through the construction unit or the property management company.

Withdrawal procedure

There are strict regulations on the expenditure and use of funds in the special card account of the maintenance fund, and the funds are earmarked for special purposes. When the maintenance fund needs to be used, the owner must first get the application form of the property maintenance fund from the District Housing Authority, and then the owners' committee is responsible for filling in the reasons and amount of the application, and attaching the decision of the owners' committee on property maintenance, submitting it to the District Housing Authority for comments, and finally asking Beixiu Branch to allocate the maintenance fund. As the property maintenance fund is earmarked, China Agricultural Bank will directly allocate the property maintenance fund to users.

Property management companies have no right to control the use of maintenance funds.

According to the relevant regulations, the right to use the maintenance fund belongs to the owners, and the owners' committee is responsible for the specific management and use. Therefore, the property management company has no right to use the maintenance fund, let alone misappropriate it.

The property maintenance fund can be refunded.

According to the relevant regulations, if the house is lost due to house demolition or other reasons, the bank should return the balance of the property maintenance fund to the small owner himself after examination. If the house is lost due to house demolition or other reasons, the certification materials of the competent district housing authority shall be sent to Beixiu Sub-branch, and the book balance of the maintenance fund shall be returned to the owner after being audited by Beixiu Sub-branch.

Second-hand transactions should also be transferred to the property maintenance fund.

According to the relevant regulations, when the owner of the house changes, the new owner should also handle the transfer procedures of the maintenance fund. If the property maintenance fund is not paid, the new owner will continue to pay. In the transaction of second-hand buildings, especially the transfer of new commercial houses, the new owners should not forget to recover the property maintenance fund from the original owners.

(The above answers were published on 20 13-04-27. Please refer to the actual situation for the current purchase policy. )

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