Five emergency uses of housing maintenance funds.

Five situations can be "specially handled"

Ms. Fang, a citizen: Our residential property management company issued a notice that the external insulation wall fell off and needed urgent maintenance, and started the housing maintenance fund, but it was not approved by us. Is it legal for the property management company to do so?

Yan Wen and lawyer: According to Article 28 1 of the General Principles of Civil Law, the maintenance funds of buildings and their ancillary facilities belong to the owners. With the consent of the owner, it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly.

What needs to be reminded here is that according to the Civil Code, the Property Management Regulations and other relevant regulations, when there is an emergency that endangers the owner's safety, such as fire-fighting facilities failure, elevator failure, drainage facilities blockage, bursting, etc., the property management company can "handle special matters", first enable maintenance funds for emergency maintenance, and then announce the use of maintenance funds to all owners.

According to relevant regulations, the emergency use scope of special housing maintenance funds includes:

(a) elevator failure is identified by the relevant departments as endangering personal safety;

(two) there is a risk of external wall falling off and roof leakage, which seriously affects the use and safety of the house;

(3) The blockage and leakage of drainage pipes affect the normal use;

(four) the fire control facilities are damaged, and the fire department issues a rectification notice;

(five) other emergencies that endanger the safety of the use of the house and affect the normal life of the owners.

For non-emergency situations, the decision of the owner is the premise.

Mr. Chen: I am a member of the Housing Industry Committee. Now we want to ask the property to replace the broken windows in the stairwell of the residential building. What is the specific process?

Lawyer Yan Wenhe: When the parts and facilities of the house need to be repaired, updated or modified, you can apply for the maintenance funds, but you need to go through the general procedures.

Article 278 of the Civil Code stipulates that the owners agree that the "fund for the use and maintenance of buildings and their ancillary facilities" should be decided by the owners whose exclusive parts account for more than two-thirds of the area and the number of people accounts for more than two-thirds; It shall be approved by more than half of the owners who vote and more than half of the owners who vote.

With the consent of the owner, the general activation procedure is as follows:

(a) the realty service enterprise, the industry committee or the relevant owners to formulate the use plan;

(two) the use of the program should be publicized in the obvious position of the community for not less than 7 days, and with the consent of the owners who have an interest in the area and the proportion of households has reached more than two thirds;

(three) the use of the program reported to the local housing special maintenance fund management agencies for review;

(IV) After on-site investigation and filing formalities, the housing special maintenance fund management institution will submit relevant materials to the housing special maintenance fund management center, and the housing special maintenance fund management institution will notify the special account management bank to transfer the agreed proportion of project budget funds from the regional unit accounts of property management to the construction enterprise;

(five) to organize the implementation of the use plan;

(six) after the completion of the project, the local housing special maintenance fund management institutions, communities and relevant owners' representatives shall be invited to check and accept the project quality. If there is any objection to the final accounts of the project, it may entrust a professional intermediary agency to audit the project cost, and the expenses shall be included in the cost of maintenance, renewal and transformation;

(seven) after the acceptance, the housing special maintenance fund management institution shall notify the special account management bank to allocate the balance of the fees payable.

During the warranty period of the new house, the developer shall bear the maintenance responsibility.

Mr. Zhao: My house was bought last year. Now there are cracks in the outer wall. How can I defend my rights in this situation?

Yan Wen and lawyer: We should pay attention to whether the maintenance of the new house is still under the warranty period, and the developer is responsible for the maintenance during the warranty period.

According to the Regulations on Quality Management of Construction Projects, the minimum warranty period of construction projects is:

(a) the reasonable service life of the building foundation engineering, foundation engineering and main structure engineering specified in the design documents;

(2) 5 years for roofing waterproof works, toilets, rooms and external walls with waterproof and anti-leakage requirements;

(3) The heating and cooling system consists of two heating periods and cooling periods;

(four) electrical pipelines, water supply and drainage pipelines, equipment installation and decoration works, for 2 years. The warranty period of other projects shall be agreed by the employer and the contractor. The warranty period of the construction project is calculated from the date when the project is completed and accepted.