Measures and rules for the use of special maintenance funds

Article 18

Residential special maintenance funds shall be earmarked for the maintenance, renovation and transformation of residential parts and facilities after the expiration of the warranty period, and shall not be used for other purposes.

Article 19

The use of residential special maintenance funds should follow the principles of convenience, openness and transparency, and the consistency of beneficiaries and burdens.

Article 20

The cost of maintenance, renovation and transformation of residential parts and facilities shall be shared 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, renovation and renovation 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 maintenance, renovation and renovation costs according to the construction area of unsold commercial housing or public housing.

Article 22

Before the special maintenance funds for houses are handed over to the owners' congress for management, if the special maintenance funds for houses need to be used, it shall be handled 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.

Article 23

After the transfer of residential special maintenance funds to the owners' congress for management, if it is necessary to use residential special maintenance funds, it shall be handled 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; Same as article 22, item 4;

(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.

Article 24

In the event of an emergency that endangers the safety of the house and requires immediate maintenance, renewal and transformation of the parts and facilities of the house, special maintenance funds for the house shall be drawn 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.

Article 25

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.

Article 26

Under the premise of ensuring the normal use of special maintenance funds for houses, special maintenance funds for houses can be used to purchase national debt in accordance with relevant state regulations.

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.

Article 27

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.

Therefore, in the Measures for the Administration of Residential Special Maintenance Funds, it is stipulated that residential maintenance funds can only be used for housing conditions such as maintenance and renovation, and other conditions may not be used or misappropriated. Owners also have the right to supervise, and can put forward the details of the balance or maintenance funds. If misappropriation is found, it can be reported to the local audit department.