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Who will collect the maintenance fund? How to manage the use
The owners' committee shall set up a special account for the property maintenance fund in the commercial bank designated by the real estate administrative department, and report the account to the real estate administrative department for the record. The account is all the maintenance funds paid by the owners in the property. This account can only be used for the storage and management of the maintenance fund and shall not be used for other purposes. At the same time, the bank set up a sub-account for each owner to show the use and retention of all maintenance funds of the owner. The use and supplement of the maintenance fund shall be decided by the owners' meeting. Housing maintenance fund is actually the maintenance of the public part of the house, which all owners have to pay and belong to all owners. This fund is generally managed by the owners' committee.
Who pays the maintenance fund and how?
1. The maintenance fund for facilities and equipment at the * * * part of the commercial house shall be borne by the buyer. Property buyers should pay the maintenance fund in full at 2% of the purchase price when handling the transfer formalities of the deed.
2. This fund is only used for the overhaul, renewal and transformation of * * * residential parts and * * * facilities and equipment after the warranty period expires.
3. Commercial residential maintenance fund is managed by Beijing Residential District Management Office. After the establishment of the CMC, the municipal community office will hand over the residential maintenance fund to the CMC for management or, with the consent of the CMC, to the property management enterprise for escrow. The public housing maintenance fund is deposited in the city housing fund management center system by the selling unit. After the public housing is sold, the management committee is established and then managed by the management committee.
4. Before the establishment of the CMC, the use of the maintenance fund was put forward by the management unit entrusted by the selling unit or the selling unit, and it was allocated after being audited by the Real Estate Bureau; After the establishment of the CMC, the use of the maintenance fund is proposed by the property management enterprise and implemented after the approval of the CMC.
5. When the maintenance fund is insufficient, it can be renewed according to the residential construction area occupied by the owner upon the decision of the CMC and the approval of the Municipal Real Estate Bureau.
6. If the house where the owner lives is uninhabitable due to demolition, accidental fire and other reasons, the maintenance fund escrow unit shall return the book balance of the maintenance base to the owner according to the proportion paid by the owner. If the owner transfers the ownership of the house, the balance maintenance fund shall be transferred together with the ownership of the house.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 281 The maintenance fund of a building and its ancillary facilities belongs to the owner. The maintenance fund does not belong to real estate developers or property management companies, but belongs to all owners. In fact, the maintenance funds of domestic residential quarters are collected by property companies, and it is logical for them to keep and control them. Owners should change their ideas, firmly grasp the initiative, fully exercise their legitimate rights through the owners' meeting and the owners' Committee, and rationally use funds.
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