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Does the maintenance fund need to be replenished after it is used?
The purposes of the housing maintenance fund are as follows:
1. The maintenance fund can only be used when the warranty period expires, the public parts of the property and the * * * facilities and equipment are overhauled, updated and transformed. The specific owners shall share the cost proportion according to the determination standard of voting rights.
2. When the maintenance fund is idle, it shall not be used for other purposes except the purchase of treasury bonds or other funds stipulated by laws and regulations.
3. Special purpose: the property management company can temporarily borrow the reserve fund equivalent to one month's daily maintenance and renewal cost of the property from the maintenance fund; Unless otherwise agreed in the property management service contract. If the house needs to be overhauled or specially maintained or updated, the advance payment agreed in the construction contract may be withdrawn, but the advance payment shall not exceed 30% of the total project amount. There is a reserve fund equivalent to one month's activity funds, unless otherwise decided by the owners' meeting.
What is the payment standard of public maintenance fund?
Commercial housing in the sale, the property buyers and selling units should sign the relevant maintenance fund payment agreement. Property buyers shall pay the maintenance fund to the selling unit according to the proportion of 2%-5.2% of the purchase price.
If it is the maintenance fund collected by the selling unit, it belongs to all owners and is not included in the residential sales income. The collection ratio of maintenance funds shall be determined by the real estate departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Details are as follows:
1. The purchaser shall pay the housing maintenance fund in the first installment at 2.5% of the cost price of the multi-storey building area and 3% of the cost price of the high-rise building area.
2. The house seller shall pay the house maintenance fund at one time at 3% of the construction area cost of multi-storey houses and 4% of the construction area cost of high-rise houses.
3. If the house is occupied or rented by the development unit, it shall be paid in accordance with the construction area of the house occupied or rented and the provisions of Item 1 and Item 2 of this paragraph.
Does the maintenance fund need to be replenished when it is used up?
When buying a house, you have to pay not only the deed tax, but also the maintenance fund. You can apply when the public equipment is damaged. Then, does the maintenance fund need to be replenished when it is used up?
The maintenance fund is used up and needs to be replenished. The relevant residential management regulations stipulate that if the balance of the housing maintenance fund is lower than 30% of the total amount collected in the first phase, the community owners' committee shall repay the community maintenance fund. If there is no owners' committee, it shall be implemented by the housing management department or the financial department to urge the owners to pay the maintenance fund.
The owners' maintenance fund is given to the Housing Authority. At the beginning, the developer collects the maintenance funds, and the developer only helps the Housing Authority to keep the expenses, and then the expenses will be uniformly handed over to the Housing Authority.
Under normal circumstances, the developer will open an account and then let the owner put the maintenance fund into the account, which is also more convenient. The maintenance fund must be deposited according to law. If it is misappropriated privately in the later period, the owner can take the Housing Authority to court and use the law to safeguard the owner's rights and interests. Of course, in reality, maintenance funds may be abused, and owners need to know how to protect their rights.
Housing maintenance fund can be used in the following circumstances:
1. When the warranty period of public facilities, public parts and other equipment in residential areas expires and it needs to be repaired again, the house maintenance fund can be used, and the owners need more voting rights to ensure the standard of cost sharing ratio.
2, the housing maintenance fund in the unused process, in an idle state, can be used to buy government bonds or the provisions of the fund range. In addition, no one may misappropriate the housing maintenance fund, otherwise they will be punished accordingly.
3. Under some special circumstances, the housing maintenance fund can also be used, as follows:
1. The property management company may temporarily borrow one month's daily maintenance fee from the house maintenance fund, unless otherwise agreed in the property management contract.
2. If the house in the residential area needs to be overhauled or updated, the advance payment agreed in the contract can be withdrawn, but the total amount should be kept below 30%.
3. With the consent of the owners' committee, a month's reserve fund can be reserved in the property management account, unless otherwise decided by the owners' meeting.
legal ground
Measures for the administration of residential special maintenance funds
Article 12
Commercial housing owners should deposit the first phase of residential special maintenance funds into the special account for residential special maintenance funds before handling the house occupancy procedures.
The owner of the sold public housing shall deposit the first special maintenance fund of public housing into the special maintenance fund account of public housing or hand it over to the selling unit for deposit into the special maintenance fund account of public housing before going through the housing check-in formalities.
Units selling public housing houses shall deposit the extracted special maintenance funds for public housing houses into the special account of special maintenance funds for public housing houses within 30 days from the date of receiving the payment for selling houses.
Article 17
If the balance of the special maintenance fund of the owner's household residence is less than 30% of the initial deposit, it shall be renewed in time.
If the owners' meeting is established, the renewal plan shall be decided by the owners' meeting.
If the owners' meeting is not established, the specific management measures for renewal shall be formulated by the construction (real estate) department of the people's government of the municipality directly under the central government, the city and the county jointly with the finance department at the same level.
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