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How to use special maintenance funds

Legal subjectivity:

Maintenance fund means that the owners of residential properties pay a certain amount of funds to a special account for the maintenance of public parts and facilities and equipment in the property area. 1. The use of special maintenance funds for property that can use special maintenance funds shall meet the following conditions at the same time: (1) It shall be used exclusively for the maintenance, renewal and transformation of * * * parts of the property and * * * facilities and equipment after the warranty period expires. (two) the owners who account for more than two-thirds of the total area of the building and the owners who account for more than two-thirds of the total number of owners within the scope of benefit sign and agree. The applicant is responsible for the authenticity, legality and validity of the application materials. If the applicant conceals the real situation or provides false materials, he shall bear corresponding legal responsibilities according to law. Eighteenth the use of special property maintenance funds, should follow the principle of convenience, openness and transparency, the beneficiary and the burden of the same. Nineteenth property sharing parts, shared facilities and equipment maintenance, renovation and renovation costs, by the relevant owners in accordance with the proportion of their respective property construction area. If there is an agreement between the relevant owners, such agreement shall prevail. When the breakdown of maintenance funds is insufficient, the insufficient part shall be borne by the owner. Twentieth maintenance, renovation and renovation of the parts and facilities used by the property involve unsold property, and the development and construction unit shall share the cost of maintenance, renovation and renovation according to the construction area of unsold property. Article 21 The use of special maintenance funds for property shall be handled according to the following procedures: (1) The owners' committee, relevant owners and property service enterprises (community neighborhood committees employing property service personnel) apply to the management organization for use according to the maintenance, renewal and transformation projects. (two) the management of external inspection, confirm the maintenance project, define the scope of benefit. (3) Publicize the maintenance plan in the property area, including the maintenance, renewal and transformation projects, the selection method of maintenance units, the cost budget and the scope of expenses. , the publicity period shall not be less than 5 working days. (4) Owners whose exclusive parts account for more than two-thirds of the total construction area and account for more than two-thirds of the total number of owners within the scope of benefit discuss the use application and determine the maintenance plan. (five) the owners' committee, the relevant owners, and the property service enterprises (community neighborhood committees employing property service personnel) organize the implementation of the maintenance plan; If the maintenance cost is more than 50 thousand yuan, it must be audited by a qualified engineering cost consulting agency, and the audit cost is included in the maintenance and renovation cost. (six) after the completion of the acceptance of the project, the maintenance plan organizer shall publicize the final accounts, the owner's opinion form and the details of the appropriation of the maintenance, renewal and transformation project for not less than 5 working days. (seven) the management agency shall pay the fees according to the maintenance contract and the progress of the project. After being audited and publicized, the management organization shall keep the quality deposit in accordance with the maintenance contract, transfer the balance of maintenance expenses to the maintenance unit, and deduct it from the corresponding owner's personal property special maintenance fund account. Twenty-second the use of special maintenance funds for property shall be filed with the management institution: (1) the identity certificate and power of attorney of the applicant. (two) the application report on the use of special maintenance funds for property. (3) The signature form of the beneficial owner. (four) maintenance project budget (final accounts), maintenance project price report of more than 50 thousand yuan, maintenance contract, maintenance unit business license and qualification certificate, professional qualification certificate of project leader. (five) publicity maintenance plan, maintenance accounts, funding details and other related information. (six) engineering maintenance acceptance certificate and maintenance invoice. (7) Other relevant information. In addition, the real estate administrative department should regularly inquire about the deposit of maintenance funds from special banks and publish them inside the property.

Legal objectivity:

Measures for the administration of residential special maintenance funds

Article 20

The cost of maintenance, renovation and transformation of residential parts and facilities shall be shared in accordance with the following provisions:

(1) The maintenance, renewal and renovation costs of * * * parts and * * * facilities and equipment between commercial houses or between commercial houses and non-residential houses shall be shared by the relevant owners in proportion to the construction area of their respective properties.

(II) After-sale public housing, the cost of maintenance, renewal and transformation of * * * parts and * * * facilities and equipment shall be shared by the relevant owners and public housing selling units according to the proportion of the residential special maintenance funds deposited;

Among them, the part that should be borne by the owners shall be shared by the relevant owners in proportion to the construction area of their respective properties.