Measures of Ningbo Municipality on the Administration of Special Property Maintenance Funds (revised on 20 17)

Chapter I General Provisions Article 1 In order to strengthen the management of special maintenance funds for property, ensure the normal use of property parts and facilities, and safeguard the legitimate rights and interests of owners of special maintenance funds for property, these measures are formulated in accordance with the Regulations of Ningbo Municipality on Property Management of Residential Quarters and relevant national and provincial regulations. Article 2 These Measures shall apply to the deposit, use, management and supervision of special maintenance funds for properties built according to law within the administrative area of this Municipality.

The term "special maintenance funds" as mentioned in these Measures refers to the funds deposited in accordance with the provisions of these Measures for the maintenance, renewal and transformation of * * * parts of buildings (hereinafter referred to as * * * parts) and * * * facilities and equipment in building divisions (hereinafter referred to as * * * facilities and equipment) after the expiration of the warranty period. Article 3 Owners of residential and non-residential properties and purchasers of * * * parts and * * * facilities and equipment shall deposit special maintenance funds in accordance with these Measures. Article 4 The management of special maintenance funds shall follow the principles of unified deposit, account establishment, earmarking, owner's decision-making and government supervision.

Special maintenance funds can be managed by the owners themselves, or by special maintenance fund management institutions established by the government. Encourage owners to implement self-management through democratic consultation.

If the owners manage themselves, the owners' meeting shall be held. With the consent of 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 owners' congress shall authorize the owners' committee to be responsible for the daily management of special maintenance funds.

If the owners' congress is not established or the owners' congress is not clear about the independent management of the owners, the special maintenance funds shall be centrally managed by the special maintenance fund management institution set up by the government. Fifth city real estate administrative departments in conjunction with the municipal finance department is responsible for the guidance and supervision of the city's special maintenance fund management. District, county (city) real estate management department is the competent department of special maintenance funds within its jurisdiction, and is responsible for guiding and supervising the management of special maintenance funds within its jurisdiction jointly with the finance department at the same level. Chapter II Deposit of Special Maintenance Funds Article 6 The owners of various properties shall deposit special maintenance funds in accordance with regulations.

The first special maintenance fund of the property shall be deposited by the owner and the buyer according to their own building area. For houses without elevators, the owners and buyers shall deposit 5% of the construction and installation project cost per square meter of construction area; For the house with elevator, the owner and the buyer shall deposit 8% of the construction and installation project cost according to the construction area per square meter.

Special maintenance funds for unsold houses shall be deposited by the development and construction unit in accordance with the standards stipulated in the preceding paragraph.

The sale of public housing shall be paid by the selling unit and the purchaser according to the proportion stipulated in the housing reform policy.

The construction and installation project cost of all kinds of houses in the previous year shall be announced by the city and county (city) cost department in conjunction with the real estate administrative department at the same level before the end of March each year. Seventh special maintenance funds shall be deposited by the owners themselves or collected by the construction units and property service enterprises.

The special maintenance funds deposited for the first time for newly-built properties shall be collected and remitted by the construction unit. The construction unit shall, before handling the initial registration of housing property rights, deposit special maintenance funds in accordance with the total practical building area of the house issued by a qualified surveying and mapping unit and the provisions of Article 6 of these Measures, and collect them from the owners when the property is delivered. The construction unit shall explain to the purchaser and stipulate the content as the terms of the procurement contract. If it is clearly stipulated in the purchase contract that the house price has included special maintenance funds, the construction unit shall not charge the purchaser separately. If the purchaser fails to deposit the special maintenance fund for the first phase of the house according to the provisions of these Measures, the development and construction unit has the right to deal with it according to the agreement in the house sales contract.

If the newly-built property is used as a house for demolition and resettlement, the special maintenance fund deposited in the first phase shall be paid by the construction unit in accordance with the practical total construction area standard and Article 6 of these Measures. The construction unit shall collect special maintenance funds from the demolisher or the collector when the property is delivered. Article 8 The selling unit selling public housing shall deposit special maintenance funds with the maintenance fund management institution when collecting the house payment, and the buyers shall pay the house payment separately. Article 9 A special maintenance fund management institution shall issue a special bill to the depositor under the unified supervision of the financial department.

Where the development and construction unit or the realty service enterprise collects and remits the special maintenance funds of the property, the special maintenance fund management institution shall issue special bills by households and provide them to the owners who deposit the special maintenance funds. Article 10 The owner who has paid the housing provident fund can use the housing provident fund of the owner and his spouse to pay the first special maintenance fund of the house, and transfer it directly to the owner's special maintenance fund account according to the standard, upon the application of himself or his spouse and the approval of the housing provident fund management unit. Article 11 When the balance of the special maintenance fund of the owner's sub-account is lower than 30% of the initial deposit amount, the owner shall timely renew it to the specified deposit amount or deal with it according to the decision of the owners' meeting.

For the property that has established the owners' assembly and elected the owners' committee, the maintenance fund renewal plan shall be drawn up by the owners' committee, and shall be implemented by the owners' committee after being submitted to the owners' assembly for decision. With the consent of the owners' meeting, it can also be entrusted to the property service enterprise for implementation. The owners' committee has not yet been established, and when the balance of maintenance funds is insufficient, the special maintenance fund management institution shall notify the owners to make up according to the standard of the first phase of property special maintenance funds.