What if some owners do not agree to use the housing maintenance fund?

Generally, as long as 90% of the owners agree, it doesn't matter if a few disagree.

Order of People's Republic of China (PRC) Ministry of Construction

the ministry of finance of the people's republic of china

No. 165

The Measures for the Management of Residential Special Maintenance Funds was discussed and passed at the 42nd executive meeting of the Ministry of Construction on October 30th, 2007/KLOC-0, and was jointly signed by the Ministry of Finance. It is hereby promulgated and shall come into force as of February 30, 2008.

Minister of Construction Wang Guangtao

Minister of Finance Xie

Press release issued on 4 December 2007

Measures for the administration of residential special maintenance funds

Chapter I General Principles

Article 1 In order to strengthen the management of residential special maintenance funds, ensure the maintenance and normal use of residential parts and facilities, and safeguard the legitimate rights and interests of owners of residential special maintenance funds, these Measures are formulated in accordance with the Property Law, the Property Management Regulations and other laws and administrative regulations.

Article 2 These Measures shall apply to the deposit, use, management and supervision of special maintenance funds for commercial housing and after-sale public housing.

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 * * * house use part mentioned in these Measures refers to the part that belongs to the owners in a single house or the owners in a single house and the non-residential owners connected with the structure according to the laws, regulations and the house sales contract, and generally includes: foundation, load-bearing walls, columns, beams, floors, roofs, outdoor walls, hallways, stairwells, corridors, etc.

The measures referred to in * * facilities and equipment refers to the ancillary facilities and equipment used by residential owners or residential owners and related non-residential owners according to laws, regulations and house sales contracts, generally including elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating parking garages, public cultural and sports facilities and facilities and equipment used in * * * rooms.

Fourth residential special maintenance funds management to implement the principle of special account storage, earmarking, owner decision-making, government supervision.

Fifth the State Council municipal construction department in conjunction with the the State Council municipal finance department is responsible for the guidance and supervision of the national residential special maintenance funds.

The competent department of construction (real estate) of the local people's government at or above the county level shall, jointly with the financial department at the same level, be responsible for the guidance and supervision of the special housing maintenance funds within their respective administrative areas.

Chapter II Deposits

Article 6 The owners of the following properties shall deposit special residential maintenance funds in accordance with the provisions of these Measures:

(a) residence, except that it is jointly owned by the owners and does not use parts and facilities with other properties;

(2) Non-residential buildings in residential quarters or non-residential buildings connected with single residential structures outside residential quarters.

If the property listed in the preceding paragraph belongs to the sale of public housing, the selling unit shall deposit special housing maintenance funds in accordance with the provisions of these measures.

Article 7 The owners of commercial residential and non-residential houses shall deposit special maintenance funds for houses according to the construction area of their own properties, and the amount of the first special maintenance funds for houses deposited per square meter of construction area shall be 5% to 8% of the construction and installation cost of local houses per square meter.

The competent departments of construction (real estate) of the people's governments of municipalities directly under the central government, cities and counties shall, according to local conditions, reasonably determine and announce the amount of the first-phase residential special maintenance fund deposited per square meter of construction area, and make timely adjustments.

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.

Article 10 Before the establishment of the owners' meeting, the residential special maintenance funds deposited by commercial residential owners and non-residential owners shall be managed by the construction (real estate) department of the people's government of the municipality, city or county where the property is located.

The competent departments of construction (real estate) of the people's governments of municipalities directly under the central government, cities and counties shall entrust local commercial banks as the special management banks for residential special maintenance funds within their respective administrative areas, and open special accounts for residential special maintenance funds in the special management banks.

Open a special account for residential maintenance funds, set up an account based on the property management area, and set up a sub-account according to the house number; If the property management area is not demarcated, an account shall be set up in units of buildings, and a sub-account shall be set up according to the house number.

Eleventh before the establishment of the owners' meeting, the special maintenance funds for the sold public housing shall be managed by the financial department of the people's government of the city or county where the property is located or the competent department of construction (real estate).

The department responsible for the management of special maintenance funds for public housing shall entrust a local commercial bank as the special account management bank for special maintenance funds for public housing within its administrative area, and open a special account for special maintenance funds for public housing in the special account management bank.

To open a special maintenance fund account for public housing, an account shall be set up according to the unit selling the house and a separate account shall be set up according to the building; Among them, the residential special maintenance funds deposited by the owners shall set up separate accounts according to the house number.

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.

Thirteenth not according to the provisions of the deposit of the first residential special maintenance funds, development and construction units or public housing units shall not be delivered to the buyer.

Article 14 The special account management bank and the house selling unit that collects special maintenance funds for houses shall issue special bills for special maintenance funds for houses under the unified supervision of the Ministry of Finance or the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Fifteenth after the establishment of the owners' congress, it shall transfer the residential special maintenance funds deposited by the owners in accordance with the following provisions:

(a) the owners' congress shall entrust a local commercial bank as the special account management bank for residential special maintenance funds within the property management area, and open a special account for residential special maintenance funds in the special account management bank.

To open a special account for residential maintenance funds, an account shall be set up based on the property management area, and a sub-account shall be set up according to the house number.

(two) the owners' committee shall notify the competent department of construction (real estate) of the local people's government of the municipality directly under the central government, city or county; Involving the sale of public housing, it shall notify the department responsible for the management of special maintenance funds for public housing.

(3) The competent department of construction (real estate) of the people's government of a municipality directly under the central government, city or county or the department responsible for managing the special maintenance fund for public housing shall, within 30 days from the date of receiving the notice, notify the special account management bank to transfer the book balance of the special maintenance fund for housing deposited by the owners within the property management area to the special maintenance fund account for housing opened by the owners' meeting, and hand over the relevant accounts to the owners' committee.

Sixteenth residential special maintenance fund account after the transfer of management units, decided by the owners' congress. The owners' congress shall establish a management system for residential special maintenance funds.

The special residential maintenance fund account opened by the owners' meeting shall be subject to the supervision of the construction (real estate) departments of the local people's governments of municipalities directly under the central government, cities and counties.

Seventeenth owners household book residential special maintenance fund balance is less than the first deposit amount of 30%, it should be paid in a timely manner.

If the owners' meeting is established, the renewal plan shall be decided by the owners' meeting.

If the owners' meeting is not established, the specific management measures for renewal shall be formulated by the construction (real estate) department of the people's government of the municipality directly under the central government, the city and the county jointly with the finance department at the same level.

Chapter III Utilization

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.

Nineteenth residential special maintenance funds should be used in accordance with the principles of convenience, openness and transparency, and the beneficiaries and the burden subjects should be the same.

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.

Twenty-second residential special maintenance funds transferred to the owners' congress management, need to use residential special maintenance funds, in accordance with the following procedures:

(a) the realty service enterprise puts forward suggestions according to the maintenance and renovation projects; If there is no property service enterprise, the relevant owners will put forward suggestions for use;

(two) the exclusive part accounts for more than two-thirds of the total construction area and accounts for more than two-thirds of the total number of owners within the scope of the use of residential special maintenance funds;

(three) the realty service enterprise or the relevant owners organize the implementation of the use plan;

(four) the realty service enterprise or the host of the relevant industry holds the relevant materials and applies for the fee to the competent department of construction (real estate) of the local city or county people's government; Among them, the use of public housing residential special maintenance funds, to the department responsible for the management of public housing residential special maintenance funds for expenses;

(5) The competent department of construction (real estate) of the people's government of the municipality directly under the Central Government or the department in charge of managing the special maintenance funds for public housing shall, after examination and approval, issue a notice on the transfer of the special maintenance funds for housing to the special account management bank;

(six) the special account management bank will allocate the required residential special maintenance funds to the maintenance unit.

Twenty-third residential special maintenance funds transferred to the owners' congress management, need to use residential special maintenance funds, in accordance with the following procedures:

(a) the realty service enterprise puts forward the use plan, which shall include the maintenance, renewal and transformation projects, cost budget, cost range, emergency situations that endanger the safety of houses and other situations that require temporary use of special maintenance funds for houses. ;

(two) the owners' congress passed the use plan according to law;

(3) The realty service enterprise organizes the implementation of the use plan;

(four) the realty service enterprise shall submit relevant materials to the owners' committee for collecting special maintenance funds for residential buildings; Among them, the use of public housing residential special maintenance funds, to the department responsible for the management of public housing residential special maintenance funds for expenses;

(five) the owners' committee shall examine and approve the use plan and report it to the construction (real estate) departments of the people's governments of municipalities, cities and counties for the record; The use of public housing residential special maintenance funds, approved by the department responsible for the management of public housing residential special maintenance funds; The competent department of construction (real estate) of the people's government of a municipality directly under the central government, city or county or the department responsible for managing the special maintenance funds of public housing shall be ordered to make corrections if it finds that it does not conform to the relevant laws, regulations, rules and use plans;

(six) the owners' committee and the competent department in charge of the management of special maintenance funds for public housing issued a notice of the transfer of special maintenance funds for residential buildings to the special account management bank;

(seven) the special account management bank will allocate the required residential special maintenance funds to the maintenance unit.

Twenty-fourth due to the emergency that endangers the safety of the house, it is necessary to repair, update and transform the parts and facilities of the house immediately, and the special maintenance funds for the house shall be extracted in accordance with the following provisions:

(a) before the special maintenance funds for residential buildings are transferred to the owners' congress for management, they shall be handled in accordance with the provisions of Item 4, Item 5 and Item 6 of Article 22 of these Measures;

(two) residential special maintenance funds transferred to the owners' congress management, in accordance with the provisions of the fourth, fifth, sixth and seventh twenty-third.

After the occurrence of the situation mentioned in the preceding paragraph, if the maintenance, renewal and transformation are not carried out according to the provisions, the construction (real estate) departments of the people's governments of municipalities directly under the central government, cities and counties may organize the maintenance on their behalf, and the maintenance expenses shall be charged from the detailed account of the special maintenance funds of the relevant owners' houses; Among them, involving the sold public housing, it should also be charged from the special maintenance funds of public housing.

Twenty-fifth the following expenses shall not be charged from the residential special maintenance funds:

(a) according to the law should be borne by the construction unit or the construction unit of residential parts, facilities and equipment maintenance, renovation and renovation costs;

(two) the maintenance and maintenance costs of water supply, power supply, gas supply, heating, communication, cable TV and other pipeline facilities that should be borne by the relevant units according to law;

(three) artificial damage to residential parts and facilities, the repair costs required by the parties;

(four) according to the realty service contract, the realty service enterprise shall bear the maintenance and maintenance costs of residential parts and facilities.

Twenty-sixth under the premise of ensuring the normal use of special maintenance funds for residential buildings, in accordance with the relevant provisions of the state, special maintenance funds for residential buildings can be used to purchase government bonds.

To purchase government bonds with special funds for residential maintenance, we should purchase newly issued government bonds in the primary market in the inter-bank bond market or the counter market of commercial banks and hold them at maturity.

The use of special residential maintenance funds deposited by the owners to purchase government bonds shall be approved by the owners' congress; If the owners' meeting is not established, it shall be approved by the owners whose exclusive parts account for more than two-thirds of the total construction area and more than two-thirds of the total number.

The purchase of treasury bonds by using the special housing maintenance funds extracted from the sale of public housing shall be reported to the financial department at the same level for the record in accordance with the financial affiliation of the selling unit.

It is forbidden to use special residential maintenance funds to engage in treasury bond repurchase, entrusted wealth management business or use the purchased treasury bonds for pledge, mortgage and other guarantee acts.

Twenty-seventh the following funds should be transferred to the use of residential special maintenance funds:

(a) the storage interest of residential special maintenance funds;

(two) the use of residential special maintenance funds to buy the value-added income of national debt;

(three) the use of residential * * * parts, * * with facilities and equipment for business, the owners' income, unless otherwise decided by the owners' meeting;

(four) the residual value recovered after the retirement of residential facilities and equipment.

Chapter IV Supervision and Administration

Twenty-eighth when the ownership of a house is transferred, the owner shall explain to the transferee the deposit and balance of the special maintenance fund of the house and issue a valid certificate. The remaining housing special maintenance funds in the housing ledger shall be transferred at the same time with the ownership of the house.

The transferee shall go through the formalities of renaming the sub-ledger at the special account management bank with the Transfer Agreement of Special Housing Maintenance Funds, the Property Ownership Certificate and the ID card.

Twenty-ninth housing loss, in accordance with the following provisions of the return of residential special maintenance funds:

(1) Return the balance in the sub-ledger of residential special maintenance funds to the owners;

(two) the book balance of residential special maintenance funds deposited by the selling unit is returned to the selling unit; If the selling unit does not exist, it shall be confiscated from the state treasury at the same level according to the financial affiliation of the selling unit.

Article 30 The departments in charge of construction (real estate) of the people's governments of municipalities directly under the central government, cities and counties, the departments in charge of managing the special maintenance funds for public housing and the owners' committee shall check the accounts of the special maintenance funds with the special account management bank at least once a year, and publish the following information to the owners and the units selling public housing:

(a) the total deposit, use, value-added income and balance of special maintenance funds for residential buildings;

(two) the project, cost and allocation;

(three) the deposit amount, use, value-added income and balance of the special maintenance funds for houses in the ledger of the owners and public housing units;

(four) other matters related to the use and management of residential special maintenance funds.

Owners, public housing units have objections to the published situation, you can ask for a review.

Article 31 The special account management bank shall at least once a year send a statement of special housing maintenance funds to the construction (real estate) department of the people's government of the city or county, the management department of special public housing maintenance funds and the owners' committee.

City and county construction (real estate) departments, departments responsible for the management of public housing special maintenance funds and the owners' committee have objections to the changes in capital accounts, and may request the special account management bank to conduct a review.

The special account management bank shall establish an inquiry system for residential special maintenance funds, and accept the inquiries of the owners and public housing sales units on the use of residential special maintenance funds, value-added income and book balance in their sub-accounts.

Thirty-second residential special maintenance funds management and use, should accept the audit supervision of the audit department according to law.

Article 33 The financial management and accounting of residential special maintenance funds shall be carried out in accordance with the relevant provisions of the Ministry of Finance.

The financial department shall strengthen the supervision over the financial management of special maintenance funds for houses and the implementation of the accounting system.

Article 34 The purchase, use, storage and write-off management of special bills for residential special maintenance funds shall be implemented in accordance with the relevant provisions of the Ministry of Finance and the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall be subject to supervision and inspection by the financial departments.

Chapter V Legal Liability

Thirty-fifth public housing units have one of the following acts, the financial department of the local people's government at or above the county level in conjunction with the construction (real estate) department at the same level shall be ordered to make corrections within a time limit:

(a) not in accordance with the provisions of the third paragraph of Article 8 and Article 12 of these measures;

(two) in violation of the provisions of article thirteenth of these measures, the house is delivered to the buyer;

(three) failing to share the cost of maintenance, renewal and transformation according to the provisions of article twenty-first of these measures.

Thirty-sixth development and construction units in violation of the provisions of Article thirteenth of these measures to deliver the house to the buyer, the construction (real estate) department of the local people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of less than 30 thousand yuan shall be imposed.

If the development and construction unit fails to share the cost of maintenance, renewal and transformation in accordance with the provisions of Article 21 of these Measures, the competent department of construction (real estate) of the local people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 6.5438+0 million yuan will be imposed.

Article 37 Whoever, in violation of the provisions of these measures, misappropriates special maintenance funds for residential buildings shall be recovered by the competent department of construction (real estate) of the local people's government at or above the county level, and the illegal income shall be confiscated, and a fine of less than 2 times the misappropriated amount may be imposed; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.

If the property service enterprise misappropriates special maintenance funds for residential buildings, if the circumstances are serious, it shall be punished in accordance with the provisions of the preceding paragraph, and the qualification certificate shall be revoked by the department that issued the qualification certificate.

If the construction (real estate) department of the people's government of a municipality directly under the central government misappropriates the special maintenance funds for houses, the construction (real estate) department of the people's government at the next higher level shall recover the misappropriated special maintenance funds for houses, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Where the financial department of the people's government of a municipality directly under the central government, a city or a county misappropriates the special maintenance fund for houses, the financial department of the people's government at a higher level shall recover the misappropriated special maintenance fund for houses, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 38 Where the competent department of construction (real estate) of the people's government of a municipality directly under the central government, city or county violates the provisions of Article 26 of these Measures, the competent department of construction (real estate) of the people's government at the next higher level shall order it to make corrections within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If losses are caused, compensation shall be made according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Where the financial department of the people's government of a municipality directly under the Central Government, a city or a county violates the provisions of Article 26 of these Measures, the financial department of the people's government at the next higher level shall order it to make corrections within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If losses are caused, compensation shall be made according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

If the owners' congress violates the provisions of Article 26 of these Measures, the competent department of construction (real estate) of the people's government of the municipality directly under the central government, city or county shall order it to make corrections.

Thirty-ninth acts in violation of the provisions on the management of special bills for residential special maintenance funds shall be investigated for legal responsibility in accordance with the relevant provisions of the Regulations on Punishment of Financial Violations.

Article 40 The competent construction (real estate) departments, financial departments and their staff of the people's governments at or above the county level shall take advantage of their positions, accept property or other benefits from others, fail to perform their supervision and management duties according to law, or fail to investigate and deal with illegal acts, and be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 41 The competent departments of construction (real estate) of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, jointly with the financial departments at the same level, formulate detailed implementation rules in accordance with these Measures.

Forty-second before the implementation of these measures, commercial housing and public housing have been sold but no special housing maintenance funds have been established, which should be built up. Specific measures shall be formulated by the competent departments of construction (real estate) of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the financial departments at the same level according to these measures.

Forty-third approach by the the State Council municipal construction department and the financial department is responsible for the interpretation of.

Article 44 These Measures shall come into force on February 1 2008, and the Measures for the Administration of Maintenance Funds for Residential Building Facilities and Equipment [1998] 26544 issued by the Ministry of Construction and the Ministry of Finance on February 1938+06.