Measures of Shanghai Municipality on the Administration of Special Maintenance Funds for Commercial Houses (Revised 20 10)

In order to strengthen the management of special maintenance funds for commercial housing in this Municipality and ensure the normal maintenance and renewal of commercial housing and related public facilities, these measures are formulated in accordance with the Regulations of Shanghai Municipality on the Administration of Residential Property. Article 2 (Scope of Application)

These Measures shall apply to the establishment, use and management of special maintenance funds for commercial housing within the administrative area of this Municipality. Article 3 (Administrative Department)

Shanghai Housing Security and Real Estate Administration (hereinafter referred to as Shanghai Housing Security and Real Estate Administration) is the administrative department in charge of property management in this Municipality, and is responsible for organizing the implementation of these measures. District and county housing management departments are the administrative departments in charge of property management in their respective jurisdictions, and supervise and manage the establishment and use of special maintenance funds in accordance with these Measures. Article 4 (Establishment of Special Maintenance Funds)

New commercial housing should set up special maintenance funds, and the first special maintenance funds should be paid by real estate development enterprises and buyers. Article 5 (Opening of Special Maintenance Fund Account)

Before the establishment of the owners' committee, the special maintenance funds shall be supervised by the district and county housing management departments where the property is located, and the principal and interest shall be owned by the owners, and no unit or individual may misappropriate them.

The district and county housing management departments shall sign an entrustment agreement with the city's commercial banks (hereinafter referred to as special banks) to open a special maintenance fund account within their respective jurisdictions.

The opening of the special maintenance fund account shall be based on a property management area, and an account shall be established for each residential building, and the sub-account of each residential unit shall be listed separately; If a house has two or more door numbers, an account shall be set up according to the door number, and the sub-accounts of each residential unit shall be separated. Article 6 (Payment Standard of the First Special Maintenance Fund)

Real estate development enterprises and new commercial housing buyers shall pay the first special maintenance fund in accordance with the following standards:

(1) For residential buildings equipped with elevators, real estate development enterprises shall pay 4% of the cost price per square meter of construction area; For houses without elevators, real estate development enterprises shall pay 3% of the construction area per square meter.

(2) For residential buildings equipped with elevators, the purchaser shall pay 3% of the cost price per square meter of construction area; For houses without elevators, the purchaser shall pay 2% of the cost price per square meter of construction area. The cost per square meter of new commercial housing construction area is approved by the Municipal Housing Security Bureau and the Municipal Price Department. Article 7 (Time Limit for Paying the First Special Maintenance Fund)

Real estate development enterprises and new commercial housing buyers shall pay the first special maintenance fund within the following period:

(a) the real estate development enterprise shall, before handling the initial registration of the ownership of new commercial housing, deposit the special maintenance funds for new commercial housing in a special bank in accordance with the provisions of Item (1) of Paragraph 1 of Article 6 of these Measures.

(2) The purchaser shall, before handling the registration of real estate rights transfer, deposit the special maintenance funds of the purchased commercial housing in a special bank in accordance with the provisions of Item 2 of Paragraph 1 of Article 6 of these Measures.

(3) For the commercial housing that has not been sold at the time of the establishment of the owners' committee, the real estate development enterprise shall, within 15 days from the date of the establishment of the owners' committee, deposit special maintenance funds in accordance with the provisions of Item 2, Paragraph 1, Article 6 of these Measures and deposit them in a special bank. Real estate development enterprises and buyers of new commercial housing shall submit bank receipts for special accounts to the real estate registration agencies when handling the initial registration of ownership of new commercial housing and the registration of real estate rights transfer. Article 8 (Verification and Publication of Deposit of the First Special Maintenance Fund)

District and county housing management departments shall regularly check the deposit of the first special maintenance funds and publish them once a year. Article 9 (Opening of Special Maintenance Fund Account)

After the establishment of the owners' committee, it shall sign an entrustment agreement with the city's commercial banks (hereinafter referred to as banks) to open a special maintenance fund account in the property management area. The special maintenance fund account shall be opened according to each residence, and a sub-account shall be set up for each residential unit; If a house has two or more door numbers, an account shall be set up according to the door number, and the subsidiary ledger of each residential unit shall be separated. Article 10 (Documents and Materials Submitted for Opening Special Maintenance Fund Account)

When opening a special maintenance fund account, the owners' committee shall submit the following documents and materials:

(1) Application for opening an account;

(two) the filing documents for the establishment of the owners' committee;

(three) the owner's household list;

(four) the seal of the director and deputy director of the owners' committee and the financial seal of the owners' committee;

(5) Property management service contract.

The list of owners specified in the preceding paragraph shall be provided to the owners' committee after verification by the district and county housing management departments. The format of the owner's household inventory shall be formulated by the Municipal Housing Security Housing Authority in conjunction with relevant departments. If the owners' committee entrusts the realty service enterprise to handle the account opening formalities, it shall also submit a written power of attorney. Article 11 (Transfer of Special Maintenance Funds)

After the owners' committee opens a special maintenance fund account, it shall notify the district/county housing management department, and the district/county housing management department will transfer the principal and interest of the first special maintenance fund within the property management area to the special maintenance fund account of the owners' committee.