Provisions of Shanghai Municipality on the Measures for the Administration of Commercial Residential Maintenance Funds

(Order No.9 1 adopted by the 75th executive meeting of Shanghai Municipal People's Government on October 8, 2000, and implemented on October 8, 2006)

Article 1 (Purpose and Basis)

In order to strengthen the management of commercial housing maintenance funds in this Municipality and ensure the normal maintenance and renewal of commercial housing and related public facilities, these measures are formulated in accordance with the Regulations of Shanghai Municipality on the Administration of Residential Property.

Article 2 (Scope of Application)

These Measures shall apply to the establishment, use and management of the commodity residential maintenance fund (hereinafter referred to as the maintenance fund) within the administrative area of this Municipality.

Article 3 (Administrative Department)

Shanghai Municipal Bureau of Housing and Land Resources (hereinafter referred to as the Municipal Bureau of Housing and Land Resources) is the administrative department in charge of property management in this Municipality, and is responsible for organizing the implementation of these measures. The district and county real estate management departments are the administrative departments in charge of property management in this area, and supervise and manage the establishment and use of maintenance funds in accordance with these Measures.

Article 4 (Establishment of Maintenance Fund)

A maintenance fund shall be established for newly-built commercial housing. If a maintenance fund is set up for the sale of newly-built export commercial housing, it shall be agreed by the real estate development enterprise and the purchaser in the residential transfer contract; If the maintenance fund is not set up when the house is sold, the owners' congress or the owners' congress may decide to set it up and stipulate it in the owners' convention.

Article 5 (Opening of Special Account for Maintenance Fund)

Before the establishment of the owners' committee, the district and county real estate management departments where the maintenance fund property is located shall supervise it on behalf of the owners, and the principal and interest shall be owned by the owners, and no unit or individual may use it.

The district and county real estate management departments shall sign an entrustment agreement with the city's commercial banks (hereinafter referred to as specialized banks) to open a special account for maintenance funds within their respective jurisdictions. The opening of a special account for maintenance funds should be based on a property management area and each residential unit, and the sub-account of each residential unit should be divided: if a residential unit has more than two door numbers, the account should be set up according to the door number, and each residential unit should set up a separate sub-account.

Article 6 (Payment Standard of Initial Maintenance Fund)

Real estate development enterprises and new commercial housing buyers shall pay the first maintenance fund in accordance with the following standards:

(1) For residential buildings equipped with elevators, real estate development enterprises shall pay 4% of the cost price per square meter of construction area; For houses without elevators, real estate development enterprises pay 3% of the cost price per square meter of construction area.

(2) For residential buildings equipped with elevators, the purchaser shall pay 3% of the cost price per square meter of construction area; For houses without elevators, the purchaser shall pay 2% of the cost price per square meter of construction area.

The cost per square meter of the construction area of new commercial residential buildings is approved by the Municipal Bureau of Premises and Resources and the Municipal Price Department.

If a maintenance fund is set up when the newly-built export commercial housing is sold, the first payment standard shall be agreed by the real estate development enterprise and the purchaser in the residential transfer contract; If the owners' congress or industry congress decides to set up a maintenance fund, all owners shall pay the first maintenance fund according to the standards agreed in the owners' convention.

Article 7 (Time Limit for Paying the First Maintenance Fund)

Real estate development enterprises and new commercial housing buyers shall pay the first maintenance fund within the following period:

(1) A real estate development enterprise shall, before handling the initial registration of the ownership of newly-built commercial housing, deposit the maintenance fund of newly-built commercial housing in a special bank in accordance with the provisions of Item (1) of Paragraph 1 of Article 6 of these Measures.

(2) The purchaser shall deposit the maintenance fund of the purchased commercial house into a special bank in accordance with the provisions of Item 2, Paragraph 1, Article 6 of these Measures before handling the registration of the change of real estate rights.

(3) For the commercial housing that has not been sold at the time of the establishment of the owners' committee, the real estate development enterprise shall, within/0/5 days from the date of the establishment of the owners' committee, pay the maintenance fund in accordance with the provisions of Item 2 of Paragraph 1 of Article 6 of these Measures and deposit it in a special bank. Real estate development enterprises and buyers of newly-built domestic commercial houses shall submit bank receipts for special accounts to the real estate registration agencies when handling the initial registration of ownership of newly-built commercial houses and the registration procedures for the change of real estate rights.

If a maintenance fund is set up when a newly-built export commodity house is sold, the first maintenance fund shall be deposited in a special bank within the time limit stipulated in the residential transfer contract; If the owners' congress or the owners' congress decides to set up a maintenance fund, all owners shall deposit the first maintenance fund with these measures within the time limit stipulated in the owners' convention.

The deposit bank as stipulated in Article 10.

Article 8 (Confirmation and Publication of Deposit of the First Maintenance Fund)

District and county real estate management departments shall regularly check the deposit of the first maintenance fund and publish it once a year.

Article 9 (Undertaking the Maintenance and Renewal Expenses of Early Property)

Before the establishment of the owners' committee, the maintenance fund shall not be used for property maintenance and renewal, and the expenses shall be borne by the real estate development enterprises.

Article 10 (Opening of Maintenance Fund Account)

After the establishment of the owners' committee, it shall sign an entrustment agreement with the city's commercial banks (hereinafter referred to as banks) to open a maintenance fund account in the property management area.

The maintenance fund account should be opened for each house, and the sub-accounts of each house unit should be classified: if a house has two or more door numbers, an account should be set up according to the door number, and the sub-accounts of each house unit should be classified.

Article 11 (Documents and Materials Submitted for Opening Maintenance Fund Account)

When opening a maintenance fund account, the owners' committee shall submit the following documents and materials;

(1) Application for opening an account;

(two) the approval document for the establishment of the owners' committee;

(three) the owner's household list;

(four) the seal of the director and deputy director of the owners' committee and the financial seal of the owners' committee;

(5) Property management service contract.

The list of owners specified in the preceding paragraph shall be provided to the owners' committee after verification by the district and county real estate management departments. The format of the owner's household inventory shall be formulated by the Municipal Bureau of Premises and Resources jointly with relevant departments.

If the owners' committee entrusts the property management enterprise to handle the account opening formalities, it shall also submit a written power of attorney.

Article XII (Transfer of Maintenance Fund)

After the owners' committee opens a maintenance fund account, it shall notify the district/county real estate management department, and the district/county real estate management department will transfer the principal and interest of the first maintenance fund within the property management area into the maintenance fund account of the owners' committee.

Article 13 (Income Incorporated into Maintenance Fund)

The fees charged by the owners' committee for allowing others to set up advertising-level business facilities in residential areas shall be deposited into the maintenance fund account. Belong to the house * * *, and set up a separate account, which is dedicated to the maintenance and update of equipment in the same part of the house.

Fees charged by the owners' committee for allowing others to use public facilities in the property management area to park vehicles and set up advertising and other business facilities. It should be deposited into the maintenance fund account and owned by all owners for managing the maintenance and renewal of public facilities in this area.

Article 14 (Use of Maintenance Fund)

The maintenance fund shall be earmarked for the maintenance and renewal of residential parts, equipment and public facilities within the property management area, and shall not be used for other purposes.

* * * residential parts, * * equipment and public * * * facilities in the property management area are artificially damaged, and the maintenance and updating costs shall be borne by the responsible person.

Upon the decision of the owners' congress or the owners' congress, the funds for the activities of the owners' committee can be charged to the maintenance fund, and the decision of the owners' congress or the owners' congress shall include the purpose, expenditure items and limits of the activities.

Article 15 (Implementation of Property Maintenance and Renewal)

The property management service contract shall stipulate the scope, standards and implementation procedures of daily maintenance and updating of the property; If there is no agreement or unclear agreement in the contract, the following provisions shall apply;

(1) Maintenance and renewal of * * * parts and * * * equipment of residential buildings shall obtain the consent of the owner, Miss Wei:

(two) the maintenance and renewal of public facilities in the property management area shall obtain the consent of the owners' committee in advance.

In the event of an emergency that endangers the safety of housing use or public safety, the property management enterprise shall immediately organize property maintenance and renewal, and promptly notify the owners' committee. If the house needs to be overhauled or specially maintained or updated, the property management enterprise shall include it in the annual plan of property management services and submit it to the owners' committee for deliberation; With the consent of the owners' committee, entrust the property management enterprise in writing to determine the construction unit through bidding or other means. The budget and final accounts prepared by the construction unit shall be audited by the main business Committee or the property management enterprise entrusted by it. After the completion of residential overhaul and special maintenance and update, the property management enterprise shall submit a written report on property maintenance and update to the owners' committee. The maintenance and renewal of residential parts, equipment and public facilities in the property management area belongs to the warranty responsibility of real estate development enterprises. The real estate development enterprise or its entrusted property management enterprise shall be responsible for the implementation.

Article 16 (Supervision and Maintenance of Houses)

Housing safety appraisal is dangerous, or there are laws, regulations and relevant technical standards that require housing maintenance. District and county real estate management departments shall urge owners and owners' committees to maintain houses within a time limit; Fails to repair, the district and county real estate management departments can organize maintenance, the cost shall be borne by the owner of the house, or charged in the maintenance fund according to the provisions of the second paragraph of Article 17 of these measures.

Article 17 (Scope and Method of Withdrawal of Maintenance Fund)

After the completion of property maintenance and updating, the property management enterprise shall submit the original list of expenses and invoices stamped with the official seal of the enterprise to the owners' committee for review, and the relevant expenses can be charged in the maintenance fund only after being signed by the director and deputy director of the owners' committee.

Property maintenance and renewal fees shall be charged in the maintenance fund in accordance with the following provisions:

(a) the cost of maintenance and renewal of the parts and equipment used in the house shall be borne by the owner of the house in proportion to the construction area; Among them, if a house has two or more door numbers, the maintenance and updating costs of the parts and equipment used by each door number shall be borne by the owners within the door number according to the proportion of the building construction area.

(two) the cost of maintenance and renewal of public facilities in the property management area shall be borne by all owners in proportion to the residential construction area; Among them, the maintenance and renewal costs of public facilities belonging to more than two property management areas shall be borne by all owners of each property management area in proportion to the residential construction area.

The expenses for the activities of the owners' committee shall be charged in the maintenance fund, and shall be borne by all owners in proportion to the residential construction area.

Article 18 (Extraction and Distribution of Maintenance Fund)

The maintenance fund shall be extracted in accordance with the following provisions:

(1) The property management enterprise may temporarily withhold the reserve fund equivalent to one month's daily maintenance and update expenses of the property from the maintenance fund, and the actual daily maintenance and update expenses shall be settled on a monthly basis: unless otherwise agreed in the property management service contract, such provisions shall prevail. When the property management enterprise withdraws the reserve fund from the bank, it shall submit the payment voucher signed by the director and deputy director of the owners' committee; When withdrawing the actual expenses, the payment voucher signed by the director and deputy director of the owners' committee and the list of related expenses shall be submitted.

(two) if the house needs to be overhauled or specially repaired or updated, the advance payment may be agreed in the construction contract, but the advance payment shall not exceed 30% of the total project amount. When the property management enterprise withdraws the advance payment from the bank, it shall submit the payment voucher and the construction contract signed by the director and deputy director of the owners' committee; When withdrawing the actual expenses on behalf of the owner, the payment voucher and the list of related expenses signed by the director and deputy director of the owners' committee shall be submitted.

(three) the owners' committee may leave a reserve fund equivalent to one month's activity funds in the property management enterprise account, and the actual activity funds shall be settled on a monthly basis; Unless otherwise decided by the owners' congress or the owners' congress, such decision shall prevail. When withdrawing the reserve fund from the bank, it shall submit the payment voucher signed by the director and deputy director of the owners' committee and the decision of the owners' congress or the owners' congress; When withdrawing the actual expenses, the payment voucher signed by the director and deputy director of the owners' committee and the list of related expenses shall be submitted.

The daily maintenance and renewal costs of the property and the activities of the owners' committee shall be shared by the property management enterprises on a quarterly basis; Unless otherwise agreed in the property management service contract, such agreement shall prevail. Residential overhaul and special maintenance, update costs, should be shared immediately by a single household. If an account is set up separately from the owner's sub-account, it can be credited to the account.

The property management enterprise shall submit a list of expenses shared by households to the bank, which shall be included in the owner's subsidiary ledger and accounted for separately.

Article 19 (Verification and Publication of Maintenance Fund Accounts)

The owners' committee or the property management enterprise entrusted by it shall check the maintenance fund accounts with the opening bank every month, and publish the following information to all owners once every six months:

(a) the amount, purpose and balance of the maintenance fund;

(two) the occurrence of property maintenance and renovation projects and expenses and household allocation;

(three) the maintenance fund and the items and expenses of the activities of the owners' committee in the household allocation;

(four) other relevant information about the use and management of maintenance funds.

The information specified in the second paragraph of the preceding paragraph shall be announced according to each house: if a house has more than two door numbers, it shall be announced according to the door number. If the owners have any objection to the published maintenance fund accounts, they may ask the owners' committee and the property management enterprise to provide the relevant expense list, original invoice and household sharing expense list for verification. The bank shall send the maintenance fund account statement to the owners' committee every month, and send the maintenance fund account statement to all owners every year. The owners' committee and the owners may inquire about their accounts or subsidiary ledger from the bank where the account is opened.

Article 20 (Refinancing of Maintenance Fund)

When the balance of the maintenance fund of a building or a residence with a door number is less than 30% of the initial maintenance fund, the owners' committee shall raise the maintenance fund again from the owners of the building or the residence with a door number. The specific fund-raising work shall be implemented by the owners' committee or its entrusted owners' group.

The criteria for raising maintenance funds again shall be drawn up by the owners' committee and submitted to the owners' congress or the owners' congress for discussion and adoption, but the balance of maintenance funds after raising again shall not be lower than the first maintenance funds.

Article 21 (Disposal of Maintenance Fund in House Transfer)

Residential transfer due to sale, gift, etc. , residential assignee with my identity certificate, real estate license, the owners' committee certificate for household name change procedures. When the house is transferred, the remaining part of the maintenance base paid by the original owner shall be paid by the transferee of the house to the original owner; Unless otherwise agreed by the parties to the residential transfer contract or transfer, such agreement shall prevail. When a real estate development enterprise sells a house, the balance of the maintenance fund paid in accordance with Item (3) of Paragraph 1 of Article 7 of these Measures shall be implemented in accordance with the provisions of the preceding paragraph.

Article 22 (Change of Maintenance Fund Account)

In any of the following circumstances, the owners' committee shall go to the bank to handle the relevant alteration procedures for maintaining the whole account:

(a) the property management area has been adjusted;

(two) the director and deputy director of the owners' committee are replaced;

(3) The property management enterprise is replaced.

Article 23 (Cancellation of Maintenance Fund Account)

If the house is lost due to demolition, natural disasters or other reasons, the owner can withdraw the remaining amount from the maintenance fund ledger to the bank where the account is opened by presenting his identity certificate, the cancellation certificate of the real estate ownership certificate and the certificate of the owners' committee, and go through the cancellation procedures of the ledger.

If all the houses in a property management area are lost due to demolition, natural disasters or other reasons, the owners' committee shall go through the cancellation procedures of the maintenance fund account at the opening bank with the relevant certificates of the district and county real estate management departments. If an account is set up separately outside the owner's sub-account, the remaining amount shall be extracted separately from the owner specified in Article 13 of these Measures according to the proportion of the original residential construction area.

Article 24 (Throwing and Demolition)

The Municipal Bureau of Premises and Resources and the district/county real estate management departments shall establish a complaint acceptance system to accept the complaints of the owners' committee, owners and property management enterprises in violation of these measures.

After accepting the application for demolition, the district and county real estate management departments shall conduct investigation and verification, and reply to investors within 30 days from the date of acceptance. Investors who have objections to the replies of the district and county real estate management departments may apply to the Municipal Bureau of Premises and Resources for review; City real estate resources bureau shall, within 30 days from the date of acceptance, inform the investors of the examination opinions.

Article 25 (Legal Liability)

Real estate development enterprises or property management enterprises in violation of the provisions of these measures shall be dealt with by the Municipal Bureau of Premises and Resources or the district/county real estate management departments in accordance with the relevant provisions of the Regulations of Shanghai Municipality on Residential Property Management; The owners or the owners' committee may bring a lawsuit to the people's court according to law. Owners' committee or members of the owners' committee, in violation of the provisions of the present measures, encroach on the business service income that should be deposited in the maintenance fund account or misappropriate the maintenance fund, shall be ordered by the Municipal Bureau of Premises and Resources or the district/county real estate management department to make corrections within a time limit and notify all owners; The owners or the owners' committee may bring a civil lawsuit to the people's court according to law. If the maintenance fund is misappropriated due to the fault of the property management enterprise, the property management enterprise shall bear joint liability according to law.

Article 26 (Maintenance Fund for Non-residential Houses in Property Management Area) For public building facilities planned for residential houses in the property management area, the facilities receiving unit shall pay the first maintenance fund in accordance with the following provisions:

(a) the receiving unit of the newly-built commercial housing supporting public facilities shall pay in accordance with the sum of the standards stipulated in Items (1) and (2) of Paragraph 1 of Article 6 of these Measures within 15 days from the date of delivery of the facilities; Among them, the supporting public building facilities of the single building are received by the unit and paid according to the prescribed standard of 50%.

(II) Where a maintenance fund is set up for the sale of newly-built export-oriented commercial housing, the receiving unit supporting public building facilities shall pay the non-residential housing outside the property management area specified in the preceding paragraph in accordance with the provisions of the third paragraph of Article 6 of these Measures, and real estate development enterprises and buyers shall pay the first maintenance fund in accordance with the provisions of Articles 6 and 7 of these Measures. The use and management of non-residential housing maintenance funds in the property management area shall be implemented in accordance with the relevant provisions of these measures.

Article 27 (Entrusted Management of Maintenance Funds) The owners' committee may entrust social intermediary agencies to manage maintenance funds on its behalf. The specific measures shall be formulated by the Municipal Bureau of Real Estate Resources.

Article 28 (Application Interpretation Department)

City real estate resources bureau can explain the specific application of these measures.

Article 29 (Implementation Date and Implementation Matters)