Measures of Yangquan Municipality on the Administration of Residential Special Maintenance Funds

Chapter I General Provisions Article 1 In order to strengthen the management of special maintenance funds for residential buildings, ensure the maintenance and normal use of residential buildings, facilities and equipment, and safeguard the legitimate rights and interests of fund owners, these measures are formulated in accordance with the provisions of the General Principles of the Civil Law of People's Republic of China (PRC), the Regulations on Property Management and the Regulations on Property Management of Shanxi Province, and combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the deposit, management, use and supervision of residential special maintenance funds within the administrative area of this Municipality.

The residential special maintenance funds deposited in the first phase of after-sale public houses shall be managed, used and supervised in accordance with the relevant provisions of the state.

The term "residential special maintenance funds" as mentioned in these Measures refers to the funds earmarked for the maintenance, renewal and transformation of residential parts and facilities after the expiration of the warranty period. Article 3 The management of residential special maintenance funds shall follow the principles of special account storage, earmarking, owner's decision-making and government supervision. Article 4 The people's governments of cities and counties (districts) shall include the funds for the management of special residential maintenance funds into the fiscal budget at the corresponding level, and strengthen the supervision and management of special residential maintenance funds. Article 5 The administrative departments of housing and urban and rural construction of the people's governments of cities and counties (districts) shall be responsible for guiding and supervising the collection, management and use of special housing maintenance funds within their respective administrative areas.

City, county (District) people's government finance, planning and natural resources, market supervision and management, emergency management and other departments, should be in accordance with their respective responsibilities, do a good job in the management of residential special maintenance funds.

Township (town) people's governments and sub-district offices shall, in accordance with the prescribed duties, do a good job in the management of special maintenance funds for residential buildings within their respective jurisdictions. Sixth city and county (District) people's government housing and urban and rural construction administrative departments should take various forms to carry out the publicity and popularization of residential special maintenance fund management.

Newspapers, radio, television, internet and other news media shall publicize the laws, regulations and relevant policies on the management of special maintenance funds for residential buildings. Chapter II Deposit Management Article 7 Residential owners and non-residential owners in residential quarters and non-residential owners connected with a single residential structure outside residential quarters shall deposit special funds for residential maintenance. However, unless it is owned by the residential owner, it does not share parts and facilities with other properties. Eighth residential special maintenance funds belong to the owners, earmarked for residential * * * parts, * * facilities and equipment maintenance and renovation after the expiration of the warranty period, and shall not be used for other purposes. Article 9 The municipal and county (district) people's governments shall, in accordance with the relevant provisions of the state and the actual situation in the region, reasonably determine the deposit standard of the first-phase residential special maintenance fund, promulgate its implementation and make timely adjustments. Tenth commercial housing owners should deposit the first phase of housing special maintenance funds into the special account for housing special maintenance funds before handling the housing check-in procedures. Eleventh before the implementation of these measures, the residential special maintenance funds collected by the development and construction units and property service enterprises that have not been handed over shall be handed over to the administrative department of housing and urban and rural construction of the people's government of the city or county (District) within 60 days from the date of implementation of these measures.

If the owner fails to deposit the first residential special maintenance fund, he shall pay it in full.

If the book balance of the owner's household is less than 30% of the initial deposit, it shall be renewed in time. Chapter III Fund Management Article 12 The first-phase special residential maintenance fund deposited by the owner shall be managed by the administrative department of housing and urban and rural construction of the people's government of the city or county (district) where the property is located. After the establishment of the owners' congress, the residential special maintenance funds deposited by the owners shall be transferred in accordance with the regulations and managed by the owners' congress. Article 13 If the owners' congress manages the special maintenance funds for houses by itself, it shall establish a fund management statute, including account management, fund use, renewal plan and emergency use plan, and accept the guidance and supervision of the administrative department of housing and urban and rural construction of the people's government of the city or county (district) where the property is located.

When the owners' meeting discusses and adopts the fund management statute, it shall be approved by the owners who account for more than two thirds of the exclusive part area and more than two thirds of the owners within the scope of special maintenance funds for houses, and shall be approved by more than half of the owners of the exclusive part area and more than half of the owners. Article 14 The administrative departments of housing and urban and rural construction of the people's governments of cities and counties (districts) shall openly choose commercial banks as special account management banks, sign special account management agreements, and open special accounts for residential maintenance funds.

From the date of deposit, the residential special maintenance funds shall be settled to households every year in accordance with the relevant provisions of the People's Bank of China.

The special account for residential special maintenance funds shall be settled by transfer, and cash shall not be withdrawn except for cancellation of the refund or overpayment of the refund, and no transfer shall be made to an account other than that agreed in the contract. Fifteenth residential special maintenance fund accounts should be set up in accordance with the building zoning, individual sub-accounts should be set up in accordance with the house number. Article 16 The administrative department of housing and urban and rural construction may, on the premise of ensuring the normal use of the special maintenance funds for residential buildings, maintain and increase the value of the special maintenance funds for residential buildings by means of regular demand portfolio deposits and purchasing newly issued government bonds in the primary market.

When the owners' congress uses the special maintenance funds for self-managed houses to purchase treasury bonds, it shall obtain the consent of the owners who account for more than two-thirds of the exclusive part area and the number of owners who account for more than two-thirds, and the consent of more than half of the owners who participate in the voting and more than half of the voters.