Detailed Rules for the Administration of Special Housing Maintenance Funds in Zhengzhou City

Article 1 In order to strengthen the management of special housing maintenance funds, establish a housing maintenance guarantee mechanism, and safeguard the legitimate rights and interests of owners of special housing maintenance funds, these Measures are formulated in accordance with the provisions of the "Regulations on Property Management" of the State Council and the actual situation of this Municipality.

Article 2 These Measures shall apply to the deposit, use, management and supervision of residential special maintenance funds within the administrative area of this Municipality.

Article 3 The term "special maintenance funds for houses" as mentioned in these Measures refers to the funds earmarked for the maintenance, renewal and transformation of * * * parts and * * * facilities and equipment of houses after the expiration of the warranty period. The term * * * used parts of the house as mentioned in these Measures refers to the parts connected by the owners of a single house or different buildings according to laws, regulations and the house sales contract, and generally includes: foundation, load-bearing walls, columns, beams, floors, roofs, outdoor walls, halls, stairwells, corridors, etc. The term "housing facilities and equipment" as mentioned in these Measures refers to ancillary facilities and equipment jointly owned by a single building owner or different building owners according to laws, regulations and housing sales contracts, generally including elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lamps, drainage facilities, pools, wells, non-operating parking garages, property management rooms, letter boxes, public cultural and sports facilities, etc.

Fourth housing special maintenance funds management to implement the principle of special account storage, earmarking, owner decision-making, government supervision.

Fifth city, county (city), Shang Jie District real estate departments responsible for the supervision and management of special housing maintenance funds within their respective administrative areas, the establishment of special housing maintenance fund management agencies, specifically responsible for the daily management of special housing maintenance funds. Finance, price, audit and other relevant departments shall, according to their respective responsibilities, do a good job in the supervision and management of special housing maintenance funds.

Chapter II Deposits

Article 6 If a single house or a house in a property management area has more than two owners, a special maintenance fund for the house shall be set up.

Seventh commercial housing (including affordable housing, cooperative housing and resettlement housing, the same below) special housing maintenance funds deposited by the owners; Low-cost housing housing special maintenance funds deposited by the property owner. The first special maintenance fund for the sold public housing shall be deposited by the selling unit; If it is updated, it will be deposited by the owner.

Eighth the first phase of housing special maintenance funds shall be deposited in accordance with the following standards:

(a) for the sale of public housing, the selling unit shall withdraw 30% of the sale deposit;

(two) houses without elevators shall be deposited by the owners according to the construction area of 35 yuan per square meter; For the house with elevator, the owner shall deposit it in 65 yuan per square meter of construction area. The municipal real estate department shall, according to the cost per square meter of housing construction and installation projects, timely adjust and publish the deposit standard of the first phase of housing special maintenance funds.

Ninth unsold houses, real estate development enterprises in the initial registration of housing ownership to pay the special maintenance funds for this part of the house. The selling unit of public housing shall, within 30 days from the date of receiving the sale price, deposit the extracted special housing maintenance fund into the special housing maintenance fund account.

Tenth not in accordance with the provisions of the deposit of the first phase of residential special maintenance funds, real estate development enterprises shall not deliver the house to the purchaser.

Eleventh special maintenance funds deposited by the owners belong to the owners. The special housing maintenance funds extracted from the public housing sales funds belong to the public housing sales units.

Twelfth housing special maintenance funds from the date of deposit, according to the national bank deposit interest rate, by the escrow unit and special account management bank annual balance to households. Housing special maintenance funds in the first year of deposit according to the bank deposit rate for the same period; After one year, the interest will be calculated according to the bank's one-year time deposit rate for the same period.

Thirteenth special maintenance funds are managed by the owners themselves, and the government manages them on their behalf. Owners are encouraged to manage independently through the principle of democratic consultation. Owners' self-management should be held. With the consent of owners whose exclusive parts account for more than two-thirds of the total construction area and more than two-thirds of the total number of owners in the property management area, the owners' congress authorizes 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 decides to entrust the government to manage it, the special maintenance fund shall be managed by the housing special maintenance fund management institution. The housing special maintenance fund extracted from the sold public housing is managed by the housing special maintenance fund management institution.

Fourteenth residential special maintenance fund management institutions or owners' committees shall entrust local commercial banks as the management banks of residential special maintenance fund accounts and open residential special maintenance fund accounts. To open a special account for housing maintenance funds, an account shall be set up based on the property management area, and a sub-account shall be set up according to the house number; If the property management area is not demarcated, an account shall be set up in units of buildings, and a sub-account shall be set up according to the house number. Sold public housing special maintenance fund accounts, according to the units selling accounts, according to the units selling accounts; When the owner continues to pay, a ledger should be established according to the house number.

Article 15 If the owners' congress decides to implement the independent management of the owners, the special maintenance fund management institution shall transfer the special maintenance fund of the escrow house to the special maintenance fund account of the house opened by the owners' committee. The special housing maintenance funds independently managed by the owners' committee shall be subject to the supervision of the local housing special maintenance fund management institution.

Sixteenth owners of household books, public housing units selling books balance is lower than the first phase of housing special maintenance funds amount of 30%, should be continued by the owners. The amount of special maintenance funds for commercial housing shall not be lower than the first special maintenance fund after renewal. The standard for the owners of public housing to pay special maintenance funds for the first time shall implement the provisions of Item (2) of Article 8 of these Measures; When the book balance of the owner's subsidiary ledger is lower than 30% of the amount of the first special maintenance fund, it shall be renewed by the owner, and the amount of the second special maintenance fund shall not be lower than that of the first special maintenance fund. Continue to pay special housing maintenance funds, which can be paid in full in one lump sum or in installments. If the owners' meeting has been established, the renewal plan shall be decided by the owners' meeting; If the owners' meeting is not established, the renewal plan shall be decided by the housing special maintenance fund management institution.

Seventeenth houses * * * facilities and equipment scrapped after the recovery of the residual value should be used to supplement the special housing maintenance funds. The income from the owner's use of the * * * parts of the house and the * * * facilities and equipment shall be mainly used to supplement the special maintenance funds of the house, unless otherwise decided by the owners' meeting.

Article 18 When the ownership of a house is transferred, the original owner shall explain to the transferee the deposit and balance of the special maintenance fund of the house and issue a valid certificate. The balance of special housing maintenance funds in the subsidiary ledger shall be transferred with the ownership of the house at the same time, and the transferee shall pay the balance of special housing maintenance funds to the original owner. If the parties have otherwise agreed on the special housing maintenance fund, such agreement shall prevail.

Nineteenth housing loss, in accordance with the following provisions of the return of housing special maintenance funds:

(a) to return the balance of housing special maintenance funds in the housing subsidiary ledger to the owners;

(two) the book balance of the special housing maintenance fund deposited by the public housing selling unit shall be returned to the selling unit; If the selling unit does not exist, it shall be confiscated from the state treasury at the same level according to the financial affiliation of the selling unit.

Twentieth houses that have been sold before the implementation of these measures but have not established special housing maintenance funds shall be built in accordance with the standards stipulated in Article 8 of these measures.

Chapter III Use

Twenty-first housing special maintenance funds should be earmarked for the maintenance, renovation and transformation of housing parts and facilities after the expiration of the warranty period, and shall not be used for other purposes.

Twenty-second the use of residential special maintenance funds, should follow the principle of convenience, openness and transparency, the beneficiary and the burden of the same.

Twenty-third housing * * * parts, * * facilities and equipment maintenance and renovation, the cost sharing method, the relevant owners have agreed, from its agreement; If there is no agreement, it shall be shared according to the following provisions:

(a) commercial housing, by the relevant owners in accordance with the proportion of their own property construction area;

(two) between the sold public housing, according to the relevant construction area from the public housing housing special maintenance fund account in proportion. When the special housing maintenance funds extracted from the public housing sales fund are insufficient, the difference will be shared by the relevant owners in proportion from the special housing maintenance fund ledger according to their respective property construction areas;

(three) between the sold public housing and commercial housing, according to the proportion of construction area to the relevant property, and then according to the provisions of items (a) and (b) of this paragraph;

(four) unsold houses shall be shared by real estate development enterprises or public housing units according to the construction area of unsold houses.

Twenty-fourth housing special maintenance funds to implement government escrow, its use in accordance with the following procedures:

(a) the owners' committee (relevant owners) or the realty service enterprise put forward suggestions on the use of maintenance and renovation projects;

(two) the owners' committee (the relevant owners) in the proper position of the property management area publicity suggestions;

(three) the use of suggestions adopted by the owners' meeting; If the owners' meeting is not established, the proprietary part accounts for more than 2/3 of the total construction area and accounts for more than 2/3 of the total number of owners to discuss and adopt suggestions for use within the scope of special housing maintenance funds;

(4) The owners' committee (relevant owners) or the realty service enterprise entrusted by it shall organize the implementation of the use plan;

(5) The owners' committee (relevant owners) or the realty service enterprise entrusted by it holds relevant materials and applies for fees to the housing special maintenance fund management institution;

(six) after the approval of the housing special maintenance fund management institution, it shall transfer the housing special maintenance fund according to the prescribed procedures within 5 days;

(seven) the owners' committee (the relevant owners) shall publicize the quality acceptance report of the house maintenance project and the final accounts of the maintenance expenses in an appropriate position in the property management area.

Twenty-fifth housing special maintenance funds shall be managed by the owners themselves, and their use shall be carried out in accordance with the following procedures:

(a) the owners' committee (relevant owners) or the realty service enterprise put forward suggestions for use;

(two) the owners' committee in the proper position of the property management area publicity suggestions;

(three) the use of suggestions adopted by the owners' meeting;

(four) the owners' committee or the realty service enterprise entrusted by it shall organize the implementation of the use plan;

(five) the owners' committee shall report the use plan to the housing special maintenance fund management institution for the record; Housing special maintenance fund management agencies found that does not meet the provisions of these measures and the use of procedures, it should be ordered to make corrections;

(six) the owners' committee issued a notice to the special account management bank on the transfer of housing special maintenance funds;

(seven) the special account management bank will allocate the required housing special funds to the maintenance unit;

(eight) the owners' committee shall publicize the quality acceptance report of the house maintenance project and the final accounts of the maintenance expenses in an appropriate position in the property management area.

Twenty-sixth houses * * * parts, * * facilities and equipment suddenly damaged, not timely maintenance will seriously affect the use of the owners or endanger the safety of the house, there is an owners' committee, the owners' committee will organize maintenance first; If there is no owners' committee, two or more owners' representatives elected by the relevant owners shall organize the maintenance in advance, and the expenses incurred shall be shared according to the provisions of Article 23 of these Measures.

Twenty-seventh individual maintenance costs more than 6.5438+million yuan, should be selected by bidding with the corresponding qualification of the construction unit for maintenance.

Twenty-eighth owners' committee or relevant owners may entrust a professional intermediary agency to supervise and audit the project cost of maintenance, renovation and reconstruction projects, and the related expenses shall be included in the maintenance, renovation and reconstruction expenses.

Twenty-ninth the following expenses shall not be charged from the special housing maintenance funds:

(a) according to the law shall be borne by the construction unit or the construction unit * * housing parts, * * housing facilities and equipment maintenance and renovation costs;

(two) the maintenance and maintenance costs of water supply, power supply, gas supply, heating, communication, cable TV and other pipeline facilities that should be borne by the relevant units according to law;

(three) the repair costs required by the parties for man-made damage to the parts and facilities of the house;

(four) according to the realty service contract, the realty service enterprise shall bear the maintenance and maintenance costs of the house parts and facilities.

Thirtieth in the premise of ensuring the normal use of special housing maintenance funds, special housing maintenance funds can be used to buy government bonds in accordance with the relevant provisions of the state. The value-added income from the purchase of treasury bonds by using special housing maintenance funds should be transferred to the rolling use of special housing maintenance funds.

Chapter IV Supervision and Administration

Article 31 the housing special maintenance fund management institution or special account management bank shall send a statement of housing special maintenance fund to the owners and public housing sales units at least once a year to inform the deposit and use of housing special maintenance fund. If the owners and relevant units have objections to the published information, they may request a review.

Article 32 the housing special maintenance fund management institution or the special account management bank shall establish an inquiry system for housing special maintenance funds, and accept inquiries from owners and relevant units about the deposit, use, value-added income and book balance of housing special maintenance funds in their sub-accounts at any time.

Thirty-third residential special maintenance fund management institutions or special account management banks shall issue special bills for residential special maintenance funds after receiving the deposited residential special maintenance funds. The purchase, use, storage and verification management of special bills for housing special maintenance funds shall be implemented in accordance with the relevant provisions of the financial department.

Article 34 The financial management and accounting of special housing maintenance funds shall implement the relevant provisions of the financial department. Escrow expenses of residential special maintenance funds shall be charged in the value-added income of residential special maintenance funds, and shall be accounted for separately with residential special maintenance funds with the approval of the financial department at the same level.

Thirty-fifth the management and use of special housing maintenance funds shall be subject to the audit supervision of the audit department according to law.

Chapter V Legal Liability

Thirty-sixth public housing units have one of the following acts, the city and county (city), Shang Jie District real estate departments shall be ordered to make corrections within a time limit:

(1) Failing to deposit special housing maintenance funds in accordance with the provisions of Item (1) of Article 8 and Paragraph 3 of Article 9 of these Measures;

(two) failing to share the maintenance and renovation costs according to the provisions of article twenty-third.

Thirty-seventh real estate development enterprises have one of the following acts, by the city, county (city), Shang Jie District real estate departments in accordance with the following provisions:

(a) in violation of the provisions of article tenth of these measures, the house is delivered to the purchaser, and it shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than 5000 yuan but not more than 30000 yuan shall be imposed.

(two) according to the provisions of article twenty-third (four) of these measures, the cost of maintenance and renovation is not shared, and it shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of more than 3000 yuan 10000 yuan shall be imposed.

Article 38 If a real estate development enterprise, in violation of the provisions of the second paragraph of Article 9 of these Measures, fails to deposit the residential special maintenance fund into the residential special maintenance fund account within the time limit, the city, county (city) and Shang Jie District real estate authorities shall order it to deposit within a time limit and pay double interest at the bank time deposit rate for the same period. The interest paid is included in the special housing maintenance fund account.

Article 39 If the owner fails to renew or supplement the special maintenance fund for the building according to the regulations or the resolution of the owners' meeting, or refuses to share the cost of maintenance, renovation and reconstruction, the owners' committee or interested parties may bring a lawsuit to the people's court.

Article 40 If, in violation of the provisions of these measures, real estate development enterprises and public housing selling units misappropriate special maintenance funds for houses, the real estate departments of the city, county (city) and Shangjie District shall recover the misappropriated special maintenance funds for houses, confiscate the illegal income, and may impose a fine of less than 2 times the misappropriated amount; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law. If the property service enterprise misappropriates the special maintenance fund for the house, if the circumstances are serious, it shall be punished in accordance with the provisions of the preceding paragraph, and it is suggested that the department that originally issued the qualification certificate revoke its qualification certificate. Real estate departments and housing special maintenance fund management institutions misappropriate housing special maintenance funds, the relevant departments shall recover the misappropriated housing special maintenance funds, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 41 If the real estate administrative department or the housing special maintenance fund management institution violates the provisions of Article 29 of these measures, the administrative organ at a higher level shall order it to make corrections within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If losses are caused, compensation shall be made according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Owners or owners' committee in violation of the provisions of article twenty-ninth, the city and county (city), Shang Jie District real estate departments shall be ordered to make corrections within a time limit.

Chapter VI Supplementary Provisions

Article 42 These Measures shall come into force on March 1 day, 2065. In June, 5438 +265438 10 +2002 10, Zhengzhou Municipal People's Government promulgated the Measures for the Management of Housing Facilities and Equipment Maintenance Funds in Zhengzhou City (Order No.1 Municipal Government 109), which was abolished at the same time.