Special maintenance fund application process

The special part of the special maintenance fund is different from the general fund. The fund is to solve the improvement and renewal of public facilities, which is jointly raised by the owners of the property, and the owners enjoy the ownership of the maintenance fund in proportion to their capital contribution.

First, how to apply for special maintenance funds?

1, the property or owners' committee formulates the maintenance fund use plan;

2, the use of the program will be posted in the obvious location of the community for more than 7 days, and with the consent of the owners interested in the community and the proportion of households reached more than two-thirds;

3. First report to the district housing maintenance fund management department, and then report to the municipal housing maintenance fund management department after on-site investigation, and distribute 70% of the maintenance funds after passing the inspection;

4. After completion, submit it to the municipal housing maintenance fund management department for review, and issue the balance after passing the review.

Where the public * * * parts, public * * * facilities and equipment are damaged, and it is necessary to use special residential maintenance funds, the owners or the owners' committee shall propose maintenance, renewal and transformation projects to the property service enterprises or other management units. The realty service enterprise or other management unit shall, according to the project to be maintained, prepare the implementation plan (including the project content and project budget) and submit it to the maintenance fund management center. After the maintenance fund management center makes the allocation list of project owners, the property service enterprise or other management unit shall organize the owners to sign the allocation list. Submit it to the maintenance fund management center after the quantity and area reach two thirds.

After the publicity is passed, with the approval of the housing management department, the procedures for the use of residential special maintenance funds will be handled, and the first transfer amount will not exceed 70% of the use plan.

2. When can the residential special maintenance fund be used?

Emergency use of maintenance funds is suitable for emergency situations that endanger personal safety, house use safety and public safety and need immediate maintenance, renewal and transformation. According to the regulations, emergency maintenance procedures can be started under the following seven circumstances:

1, the roof and external wall in the property management area are seriously waterproof and damaged;

2, elevator failure or shutdown;

3. Fire fighting system failure;

4, building facade decoration and public * * * high-altitude components seriously fall off loose;

5, glass curtain wall burst;

6. The drain pipe bursts;

7. Other emergencies that may cause personal safety accidents.

Three, the proportion of special maintenance funds.

The proportion of special maintenance funds shall be paid by the buyer to the commercial bank designated by the real estate department of the district where the property is located according to the proportion of 2%~3% of the total house price when purchasing the house from the developer and handling the property transfer. The specific collection standard of maintenance funds is determined by the local real estate administrative departments according to local conditions. The maintenance fund shall be established under the unified supervision of the real estate management department where the property is located and managed and used by the property management company.

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.

According to the law, we can know that the use of special maintenance funds must be applied to the owners' Committee, and then the owners' Committee will vote, and the application can only be passed if more than two-thirds of the owners agree.

Legal objectivity:

There are also strict requirements for the use of special maintenance funds. For example, Article 35 of the Regulations of Shanghai Municipality on Residential Property Management stipulates that the maintenance, renewal, transformation and maintenance of the * * part of a single house shall be decided by the building owner. Involving the overhaul or special maintenance, renovation and transformation of the house, it shall be approved by more than two-thirds of the voting rights held by all the owners of the house, and shall not conflict with the decision made by the owners' meeting on all the * * * parts; Other decisions shall be passed by more than half of the voting rights held by all owners of the building, and so on. According to Chinese laws, special maintenance funds should be stored in special accounts. In order to ensure the safety of special maintenance funds, maintenance funds shall not be used for other purposes except the purchase of national debt or other scope stipulated by laws and regulations when idle. Article 33 of the Regulations of Shanghai Municipality on the Administration of Residential Property stipulates more clearly the deposit of special maintenance funds: special maintenance funds shall be deposited in special bank accounts, and accounts shall be set up according to buildings and households. The property management enterprise entrusted by the owners' committee or the owners' congress shall announce the income and expenditure of special maintenance funds at least once every six months and accept the supervision of the owners. In addition, the special maintenance funds shall bear interest according to regulations from the date of deposit in the special maintenance fund account. Use and management of interest and net income of maintenance fund. In other words, the bank interest and maintenance fund income generated by the special maintenance fund kept by the property management enterprise belong to the owner and should be used for the maintenance of the property.