The owner can withdraw the provident fund and continue to pay the "pension money" of the house.

In the old residential area built in 15, elevator failure, roof leakage, external wall cracking ... all these involve the maintenance of * * * parts and facilities, and all need to use special maintenance funds for housing (referred to as maintenance funds), which is also commonly known as the housing "pension fund". But how to use it smoothly? Many owners have been worried about this.

Yesterday, the Beijing Municipal Commission of Housing and Urban-Rural Development and other departments publicly solicited opinions on the "Implementation Plan for Deepening the Management Reform of Residential Special Maintenance Funds in Beijing (Draft for Comment)". The exposure draft makes it clear that the industry committee or the property management committee is the applicant for the use of maintenance funds in the community, and it is necessary to publicize the use plan of maintenance funds in a prominent position in the community, fully solicit the opinions of relevant owners and organize a vote. At the same time, when the balance of maintenance funds is lower than 30% of the initial deposit, the owner may apply for withdrawing the storage balance in his personal housing provident fund account and pay it in one lump sum or in installments within 2 years.

Unpaid residential maintenance funds shall be supplemented by units or individuals selling houses.

This year, residents living in Building 28, North Gate Beili, Guangxi, are finally looking forward to the replacement of the new elevator, and the old elevator has been out of service for five years. Elevator belongs to residential facilities, which can be replaced by maintenance funds according to regulations. But building 28 belongs to my husband's family, and there are many property units in one building. Due to historical reasons, the maintenance fund account has not been fully established. The successful replacement of the new elevator this time also benefited from the government's relief mechanism for elevators in old communities.

"Because the Beijing residential special maintenance fund collection policy was officially implemented around 2000, many old houses and housing reform houses have not established maintenance fund accounts and data." Zhao Zhonghua, a lawyer of Beijing Heying Law Firm, said that nowadays, these houses have entered the "fatigue period" of quality and there is no money for emergency maintenance. It is impossible to solve the problem in time only by relying on the transformation of old residential areas. "The repair of maintenance funds is an important link that was easily overlooked in the management of special housing maintenance funds in the past."

For the first time, the exposure draft stipulated the repair of maintenance funds. The exposure draft proposes that the property units and property owners of all kinds of houses that should pay maintenance funds in this city should be organized to pay maintenance funds. Among them, the commercial housing is built by the owner as the main body and is built according to the current deposit standard of commercial housing; After-sale public housing is divided into two situations: one is after-sale public housing that has not been converted into commercial housing, and the selling unit is the main body of the supplementary construction, and the supplementary construction is carried out according to the deposit standard of the year when the house is sold; One is that the after-sale public houses have been converted into commercial houses, and the owners make up according to the current deposit standard of commercial houses.

"If the selling unit is restructured or merged, it shall be rebuilt by the successor unit. If the selling unit goes bankrupt or loses money, it shall be rebuilt by its superior unit." The drafting instructions also clarify that if the selling unit supplements the owner's housing reform maintenance fund account according to the standard of commercial housing, establishes a complete owner's maintenance fund detailed account and hands it over to the community industry committee or the property management committee, the responsibility for subsequent housing maintenance, renewal and transformation shall be borne by the owner in accordance with the provisions of the Beijing Property Management Regulations.

The reporter learned that at present, the deposit standard of Beijing commercial residential maintenance funds is: detached residential or non-residential 50 yuan/square meter; Multi-storey residence 100 yuan/square meter; High-rise residential building 200 yuan /m2. If an 80-square-meter high-rise two-bedroom apartment is rebuilt according to the standard, it needs a deposit of 1.6 million yuan.

The plan for the use of maintenance funds shall be publicized and voted according to procedures.

"The owner has been staying for almost 15 years, and only applied for maintenance funds for the first time last year. Why? First, I feel that it is not easy to apply. Second, some people are worried about using it too much and want to use it later. " This is the heartfelt words of the owner of a commercial housing community in the East Fourth Ring Road.

"The extraction and use of residential special maintenance funds has always been difficult. Owners generally report that it is difficult to withdraw funds and the audit period is long. At the same time, they also have undisclosed and opaque views on the audit work. " Liu Lihua, director of the Legal Department of Beijing Property Management Industry Association, said.

Standardizing the use of maintenance funds is also the focus of this exposure draft. The exposure draft makes it clear that the industry Committee or the property management Committee is the applicant for the use of residential maintenance funds. The industry committee or the property management committee may, according to the maintenance and renovation project, compile the maintenance fund use plan by itself or entrust the property service person, publicize the use plan in a prominent position in the community, fully solicit the opinions of the relevant owners and organize a vote.

At the same time, the use of emergency maintenance funds involving major public interests, such as roof waterproof damage, elevator failure, water pump damage in high-rise residential buildings, unilateral facade falling off of buildings, dysfunction of special drainage facilities, and dysfunction of fire protection systems, does not require the owners to vote, but requires the community neighborhood committees to provide on-site verification opinions and publicize the use plan in a prominent position in the community.

"These regulations strengthen the main responsibility of the industry Committee or the property management Committee, regard the owner's decision as an important guarantee for the use of maintenance funds, and emphasize the publicity system, which is conducive to effectively protecting the owner's right to know and decide." Liu Lihua said.

The reporter noted that in order to facilitate the examination and approval, this exposure draft specifically proposed that the use of maintenance fund filing materials will be simplified, and applicants can submit materials directly online to realize "one-network processing". Among them, for non-emergency maintenance, the applicant only needs to submit the application form (including the use plan), the owner * * * to vote together and publicize the results and the details of the owner's share; For emergency maintenance, the applicant only needs to submit the application form (including the use plan), the publicity of the use of maintenance funds and the verification opinions of the neighborhood Committee, and the details of the owner's allocation.

Individuals can withdraw housing provident fund to pay maintenance funds.

The Regulations of Beijing Municipality on Property Management stipulates that if the balance of special maintenance funds is less than 30% of the amount raised for the first time, the owners' committee or the property management committee shall promptly notify and urge the owners to supplement the special maintenance funds according to the applicable standards at that time.

How to continue financing? Give a specific plan this time. According to the exposure draft, when the balance of household book maintenance funds is less than 30% of the first deposit amount, the owner should renew it in time according to the current deposit standard of commercial housing. The total amount of maintenance funds, the amount shared by the owners, the deposit method and time limit shall be drawn up by the industry committee or the property management committee, and submitted to the owners' meeting or the owners for implementation. For owners who refuse to pay, continue to raise maintenance funds and share the corresponding maintenance costs, they shall pay maintenance funds and their late fees when handling the relevant procedures such as housing transactions and property registration.

It is worth mentioning that in order to continuously raise funds, the New Deal not only flexibly formulated the renewal method of maintenance funds, allowing owners to renew their insurance in one time or by stages within two years, but also made it clear for the first time that owners and their spouses can apply for withdrawing the storage balance in the personal housing provident fund account for depositing maintenance funds.

"Since it is the' pension money' for housing, we should consider the issue of sustainability." Wang Liyun, a member of Vanke Xingyuan Community Committee, said that the refinement of the renewal policy is a bright spot. These regulations will help to promote the installment renewal of maintenance funds, allow individuals to withdraw housing provident fund, and link the renewal work with housing transactions.

skill

1. Why do you want to set up special housing maintenance funds?

Residential special maintenance funds refer to funds earmarked for the maintenance, renewal and transformation of residential parts and facilities after the expiration of the warranty period, commonly known as housing "pension funds".

Some owners don't understand why developers have to pay this "pension money" when buying new houses. That's because the warranty is limited. For example, the anti-leakage warranty period of rooms and external walls is 5 years, and the installation of electrical pipelines, water supply and drainage pipelines and equipment is 2 years. During the warranty period, the development unit is responsible for property maintenance; When the warranty period expires, the responsibility for property maintenance is transferred to the property owner, that is, the owner.

Imagine a residential area with 2000 owners. After the warranty period, the external wall insulation board suddenly fell off, which required immediate maintenance. However, how difficult it is to raise maintenance costs from the owners in a short time.

The purpose of setting up special maintenance funds for houses is to get timely maintenance when there are problems in the parts and facilities of houses, which is conducive to improving and maintaining the intact rate of houses and prolonging the service life of houses.

2. Under what circumstances can I use the special housing maintenance funds?

The scope of maintenance, renewal and transformation of the residential part includes:

(a) the roof waterproof layer is damaged, and the top floor room leaks;

(2) Rainwater leakage occurred on the external wall of the building, which caused the internal surface of the external wall to be soaked; (3) Leakage and water accumulation in the basement;

(4) The cracking, shedding or hollowing rate of the external decorative layer of the external wall of the building exceeds the specified value of the corresponding national standards and codes;

(five) increase the insulation layer, the building insulation layer is damaged or falls off, or the internal surface of the external wall is wet, dewy, frosted or moldy due to poor building insulation;

(6) Cracking, rust spots, blistering, peeling, shedding and pollution of the coating on the exterior wall, stairwell and corridor;

(7) The windowsill, porch overhangs, stair treads, handrails, maintenance walls and courtyard doors in public areas are damaged;

(eight) doors and windows or screens in public areas are generally damaged;

(9) Other circumstances.

The scope of maintenance, renewal and transformation of residential facilities and equipment includes:

(a) the main parts of the elevator need to be repaired or replaced;

(two) the secondary water supply system equipment parts are seriously worn and corroded;

(three) lightning protection facilities do not meet the safety requirements;

(4) Some cables, wires and components in the distribution box (cabinet) are damaged;

(five) the fire control system is out of order, or some equipment and parts are seriously damaged;

(six) the drainage (sewage) equipment in the building fails, the water supply and drainage pipeline leaks, is seriously corroded, the sewage pump is corroded or other equipment is damaged.

3. How do owners vote to use special maintenance funds for houses?

The use of residential special maintenance funds is a matter for the owners to decide. According to the provisions of the Civil Code, owners who account for more than two-thirds of the exclusive part area and more than two-thirds of the number within the scope of maintenance funds should vote, and owners who participate in the voting with more than half of the exclusive part area and owners who participate in the voting should agree.

In addition, in order to further improve the efficiency of unanimous voting by owners, the owners' congress can also stipulate in the management statute and rules of procedure that maintenance funds can be used by dissenting voting. The so-called negative vote means that when the owners who disagree do not exceed half the area of the exclusive part and half the number of people who participate in the voting, they can be regarded as voting.