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Collection standard and use of property special maintenance funds
1. For the sale of commercial housing, the purchaser and the selling unit shall sign the relevant maintenance fund payment agreement, and the purchaser shall pay the maintenance fund to the selling unit (developer) at the rate of 2-3% of the purchase price. The maintenance fund collected by the developer belongs to all owners and is not included in the residential sales income.
2. The standards of special maintenance funds are: 90 yuan /m2 for high-rise buildings (including multi-storey buildings with elevators) and 50 yuan /m2 for multi-storey buildings (the standards of housing maintenance funds in different places are linked to the economic level, and the specific collection standards are slightly different);
The purpose of the property maintenance fund is: it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities upon unanimous decision of the owners. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly.
Property maintenance fund can be used in the following circumstances:
Housing maintenance fund can be used for large and medium-sized repair and renovation projects of the main structure, public parts or public facilities and equipment of the house after the warranty period expires.
① The main load-bearing structure of the house includes foundation, internal and external load-bearing walls, columns, beams, floors and roofs.
(2) Public parts refer to outdoor walls, hallways, stairs, corridors, etc. ;
(3) Public facilities and equipment refer to water supply and drainage pipelines and equipment, distribution cables and equipment, elevators, public lighting, fire-fighting facilities, green spaces, roads, ditches, non-operating parking garages, public cultural and sports facilities and other facilities and equipment used by the owners in the houses and related supporting areas.
Special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes.
Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with a single house shall pay special maintenance funds in accordance with relevant state regulations.
Procedures for the use of maintenance funds:
1. The realty service enterprise shall put forward suggestions for use. If there is no realty service enterprise, the relevant owners shall put forward suggestions for use.
2. Owners whose exclusive parts account for more than 2/3 of the total construction area and account for more than 2/3 of the total number of people within the scope of maintenance funds will discuss and adopt suggestions for use.
3, the use of property services companies or related owners to organize the implementation of the program.
4. The realty service enterprise or the host of relevant industry holds relevant information to apply for fees from the real estate department.
5, the real estate department in charge of examination and approval, to the special account management bank issued a notice of transfer of maintenance funds.
6. The special account management bank will allocate the required maintenance funds to the maintenance unit.
Legal basis:
Property management regulations (revised on 20 18)
Article 17 The management statute shall stipulate the use, maintenance and management of the property, the interests of the owners, the obligations that the owners shall perform and the responsibilities that they shall bear if they violate the management statute.
Management regulations shall respect social morality and shall not violate laws and regulations or harm public interests.
Management regulations are binding on all owners.
Measures for the administration of residential special maintenance funds
Eighth sale of public housing, in accordance with the following provisions of the deposit of residential special maintenance funds:
(1) The owner shall deposit the special maintenance fund for the house according to the construction area of the property he owns, and the amount of the first special maintenance fund for the house per square meter of construction area shall be 2% of the local housing reform cost price.
(two) units selling houses shall, in accordance with the proportion of not less than 20% of multi-storey houses and not less than 30% of high-rise houses, draw a one-time special maintenance fund for houses from the sales funds.
Ninth residential special maintenance funds deposited by 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.
Twelfth commercial housing owners shall, when handling the housing check-in, deposit the first phase of residential special maintenance funds into the residential special maintenance fund account.
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.
Eighteenth residential special maintenance funds should be 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.
Twentieth residential parts, facilities and equipment maintenance and renovation costs, 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.
(3) After-sale public houses, commercial houses or non-residential houses, the maintenance, renewal and renovation costs of their parts, facilities and equipment shall be allocated to the relevant properties in proportion to the construction area. Among them, the expenses that should be shared by the after-sale public houses shall be shared by the relevant owners and public houses selling units in proportion to the special maintenance funds deposited.
Article 21 Where the maintenance, renewal and transformation of residential parts and facilities involve unsold commercial housing, non-residential housing or public housing, the development and construction unit or public housing unit shall share the cost of maintenance, renewal and transformation according to the construction area of unsold commercial housing or public housing.
People's Republic of China (PRC) Civil Code
Article 281 The maintenance fund of a building and its ancillary facilities belongs to the owner. With the consent of the owner, it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly.
In case of emergency, if the building and its ancillary facilities need to be repaired, the owners' assembly or the owners' committee may apply for the maintenance funds of the building and its ancillary facilities according to law.
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