How to use the public maintenance fund

Question 1: How to use 1 in the residential public maintenance fund? Property maintenance fund is a fund established to maintain the parts and facilities of the property. * * * Use parts refer to the hall, stairwell, water pump room, electricity meter room, elevator room, telephone distribution room, elevator room, corridor, communication room, inner patio, load-bearing structure, outdoor wall and roof of a single building in the property management area.

* * * Facilities and equipment refer to water supply boxes, pumps, drainage pipes, manholes, septic tanks, garbage passages, garbage bins (rooms), TV antennas, elevators, lighting fixtures, building intelligent systems, lightning protection devices, fire fighting equipment, security doors, mailboxes, etc. used by all owners or users of a single building in the property management area.

However, the property management area belongs to the facilities and equipment such as urban roads, public drainage, environmental sanitation, public green space, urban water supply, gas supply, heat supply, power supply, communication pipelines, cable TV lines, etc., which are managed by municipal utilities, city appearance and sanitation, greening, water supply, heating, power supply and other departments. , and does not belong to * * * use parts and * * property.

2. If the maintenance and renewal of property parts and facilities need to use the property maintenance fund, the property management unit shall put forward the use plan, which shall be reported to the municipal property maintenance fund management institution for examination and approval after more than two thirds of the relevant owners agree and are audited by the owners' committee.

3. The daily maintenance expenses of the * * * parts, facilities and equipment of the property used for * * * and the maintenance and updating expenses below the medium repair shall be charged from the property management fees, commercial houses for property management and the operating income of the * * * parts, facilities and equipment used for * * *, and shall not be charged to the property maintenance fund. Where the parts and facilities of the property need to be repaired or updated due to man-made damage, the expenses shall be borne by the responsible person and shall not be charged to the property maintenance fund.

4. When the property is transferred, the balance of the property maintenance fund paid by the original owner shall be transferred to the property transferee. Unless otherwise agreed by both parties.

Question 2: How to use the housing maintenance fund? Housing maintenance fund is the funds earmarked for the maintenance, renewal and transformation of the same parts of the house, housing equipment and public facilities within the property management area after the property warranty period expires, and shall not be used for other purposes. The housing maintenance fund is mainly used for housing overhaul. If your problem is only minor repairs to individual houses, you can't use the maintenance fund. However, the maintenance cost of minor repairs such as rain leakage is included in the property fee. Unless there is a special agreement in the contract, it is wrong for the owner to share the money. Special maintenance funds are owned by the owners, and their collection and use must be approved by 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. Property units shall not dispose of or misappropriate them without authorization. However, if elevators, fire-fighting facilities and other facilities and equipment related to public safety need to be repaired, summary procedures can be taken. After written confirmation by the relevant administrative departments such as quality inspection and fire protection, and written consent by the industry committee, the property can directly apply for the use of the property maintenance fund. Specific to your question, if it involves elevators, you can apply directly with the consent of the property management Committee. In addition, according to the regulations, individual owners may not apply for the use of maintenance funds. The use of the maintenance fund shall be proposed by the property management company, which can be implemented only after being considered by the owners' committee and approved by the owners' general assembly. Only with the consent of the owners' management committee and the approval of the owners' real estate administrative department (in some places, it may be other departments or institutions) can you go through the maintenance fund allocation audit procedures. After the completion of the audit procedures, the property will withdraw the maintenance fund from the designated bank with the audit procedures. Finally, the housing maintenance fund is generally owned by all owners, and a special account should be set up for special purposes, and it should be regularly inspected and supervised by the owners' meeting and the owners' committee. Units selling houses shall, before handling the property ownership certificate for the owners, transfer the maintenance fund collected to the local property management administrative department for escrow.

Question 3: How to use the maintenance fund and how to apply for the use of the property maintenance fund?

According to the Interim Provisions on the Administration of the Use of Special Maintenance Funds for Commercial Residential Buildings, all public maintenance funds paid by developers and property buyers should be in place, and can only be used after the owners' meeting and community members make a unified decision.

The application procedure is: the owners' committee publicizes the maintenance project and budget in the community, and after more than two-thirds of the owners vote, they apply to the district real estate bureau. After the application is approved, 80% of the total budget will be allocated; After the completion of the project, it will be settled with the owners' meeting according to the facts and shared by households. Elevator, internal and external walls, public corridors and other residential areas with facilities and equipment maintenance, you can apply for the use of maintenance funds.

However, at the end of 2009, in order to prevent ice and snow disasters, the Real Estate Bureau issued the Notice on Simplifying the Use Procedure of Commercial Housing Maintenance Funds in Winter Rain and Snow. The notice stipulates that in case of serious damage to the house caused by freezing disaster, only 3 to 5 owners within the maintenance scope need to apply together, and the owners' committee (if there is no industry committee, it can be proved by the community neighborhood committee) will submit an application report to the district real estate bureau, and the procedures are complete. At the same time, if the maintenance fund does not exceed 50,000 yuan, the industry committee may entrust the property company or the construction unit to pay in advance, and then apply for settlement after the project is completed and accepted.

Question 4: The Administrative Measures on the Use of Public Maintenance Funds was promulgated, which set strict procedures and conditions for the use of public maintenance funds. According to the requirements of the Measures, public maintenance funds cannot be used in principle before the establishment of the owners' committee; If it is really necessary to use it, the property management enterprise shall entrust a professional intermediary agency recognized by the Municipal Bureau of Land and Housing Management to evaluate and account for the necessity and cost of maintenance projects in accordance with relevant standards and quotas. After the intermediary agency is determined, the property management enterprise can carry out maintenance works. After the completion of the maintenance project, the property management enterprise shall apply to the escrow unit for withdrawal of maintenance funds on the basis of the maintenance project settlement invoice and the acceptance certificate issued by the intermediary agency.

Question 5: How can the public maintenance fund apply to the local housing construction committee on the basis of the elevator unqualified report issued by the property or owners' committee with special equipment testing institutions? Beijing, Shanghai, Guangzhou and other places can directly share the elevator maintenance fee through the green channel, and other areas may need more than two-thirds of the owners' consent. The specific procedures can be questioned by the local housing construction Committee.

Question 6: Should the public maintenance fund be replenished after use? It is easier to pay public maintenance funds than to use them, which is the common aspiration of many community managers and owners. Recently, the Ministry of Housing and Urban-Rural Development and the Ministry of Finance issued the "Notice", which introduced a number of measures to encourage the use of public maintenance funds to transform old communities and elevators and solve many problems in the use of maintenance funds.

In the first half of the year, two elevators in Huadu Commercial Plaza need to be repaired, and public maintenance funds should be used.

It's been more than a month, and it's inconvenient to get up and down, and the owner is also very upset.

According to the previous regulations, property management companies or industry committees must obtain the consent of owners who account for more than two-thirds of the total construction area and more than two-thirds of the total number of people to use maintenance funds. However, in real life, due to various reasons, property management companies are often unable to gather enough votes to reach the above-mentioned "double two-thirds" principle, which leads to the problem being unresolved and the maintenance fund being idle for a long time. This time, in response to the "double two-thirds" problem, the Notice creatively proposed four ways: proxy voting, one-time voting, default voting and opposition voting.

At the same time, the "Notice" clarifies that in the face of seven emergencies such as elevator failure and facade falling off, you can apply for maintenance funds directly without the owner's vote.

What is even more striking in the notice is that the maintenance funds can be used for the renovation of old communities and the renewal of elevators. Small communities without elevators can use maintenance funds to install elevators, but they need to be approved by the "two-thirds" owners. (Lu) According to

background knowledge

Public maintenance fund

The public * * * maintenance fund refers to the maintenance fund for public * * * parts and facilities and equipment of residential buildings according to the Administrative Measures for Maintenance Funds of Residential Building Facilities and Equipment (Jian Jian [1998] No.213) promulgated by the Ministry of Construction. The maintenance fund for units selling public houses is jointly raised by the units selling houses and the employees buying houses, and the ownership belongs to the purchaser, which is used for the maintenance of public parts and facilities of residential buildings.

Commercial housing public maintenance fund

The commercial housing maintenance fund is paid by the purchaser at the time of purchase, accounting for 2% of the purchase price. The new standard method will be implemented on February 0 1 2008.

Establishing maintenance fund is the guarantee mechanism to improve the maintenance of the use parts of the house. Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with single houses shall pay special maintenance funds in accordance with state regulations. The maintenance fund is specially used for the maintenance, renewal and transformation of residential parts, equipment and public facilities in the property management area after the expiration of the warranty period. It is collected by the developer and supervised by the housing management department. The ownership belongs to the purchaser and shall not be used for other purposes.

Question 7: How to apply for public maintenance fund? Maintenance projects involving all owners of the community, the industry committee shall organize the owners' meeting, which shall be implemented after more than 2/3 of the voting rights held by all owners are passed; The maintenance project involving the building parts, units, floors, facilities and equipment used by * * * * shall be organized by the industry committee to convene the owners' meeting within the scope involved, which shall be implemented after it is approved by more than two thirds of the voting rights held by the owners within the scope involved. However, the maintenance cost caused by man-made damage and other factors shall be borne by the responsible person, and the maintenance fund cannot be used. The industry committee may entrust the property management enterprise with relevant materials to go through the formalities of fund advance or settlement in the bank. When going to the bank to handle the formalities of fund advance, the maintenance fund advance record form, maintenance project construction contract and maintenance cost allocation list shall be submitted; After the project is completed and accepted, when going to the bank to handle the fund settlement procedures, the maintenance expense final statement, the maintenance expense invoice, the final maintenance expense allocation schedule and the expense final account household adjustment table shall be submitted.

Question 8: How to calculate the public maintenance fund as the first maintenance fund shall be paid by the owner according to the following standards: (1) For residential properties without elevators, it shall be paid according to the ratio of 65438+ 0% of the total purchase price; If the elevator is equipped, it shall be deposited at the rate of 2% of the total purchase price.

Article 1 In order to strengthen the management of property special maintenance funds, ensure the maintenance and normal use of the parts and facilities used by the property, and safeguard the legitimate rights and interests of the owners of property special maintenance funds, these measures are formulated in accordance with the Property Law of People's Republic of China (PRC), the Regulations on Property Management and the Interim Measures for the Management of Anhui Property Special Maintenance Funds, combined with the actual situation of this Municipality.

Article 2 These Measures shall apply to the deposit, management, use and supervision of property special maintenance funds within the municipal districts of this Municipality (including maoji Experimental Zone).

Article 3 The term "shared parts of property" as mentioned in these Measures refers to the main load-bearing structural parts of houses (including foundations, internal and external load-bearing walls, columns, beams, floors and roofs, etc.). ), outdoor walls, hallways, stairwells, elevators, pump rooms, corridors, raised floors, etc.

The term "property * * * facilities and equipment" as mentioned in these Measures refers to water pipes, downpipes, water tanks, booster pumps, elevators, antennas, lighting, boilers, fire-fighting facilities, street lamps, green spaces, roads, ditches, pools, lakes, wells, open squares, non-operating parking lots and public sports facilities within the property management area.

Article 4 The municipal real estate administrative department shall be responsible for guiding and supervising the management of maintenance funds, and the municipal maintenance fund management institution to which it belongs shall be specifically responsible for the daily management.

City housing reform department is responsible for the management of maintenance funds deposited by public housing sales units.

Municipal finance, auditing and other relevant departments shall, in accordance with their respective responsibilities, do a good job in the supervision of maintenance funds.

Fifth maintenance fund management follows the principles of special account storage, earmarking, owner's decision-making and supervision.

Article 6 Owners of residential and non-residential properties shall deposit maintenance funds in accordance with the provisions of these Measures. However, except for houses owned by one owner and not used by other properties, facilities and equipment, and houses built by residents for their own use according to law.

Article 7 The initial maintenance fund shall be deposited by the owner according to the following standards:

(a) residential property, not equipped with elevator, according to the proportion of 1% of the total purchase price; Equipped with elevator, according to the proportion of the total purchase price of 2% deposit;

(2) Non-residential property (including the property leased by the construction unit) shall be deposited at 1% of the total purchase price or the sales price of similar commercial houses in the same period;

(3) The buyer of public housing pays 2% of the total purchase price, the seller pays 30% of the sales price of high-rise housing and 20% of the sales price of multi-storey housing.

Eighth first maintenance funds, by the owners in the registration of property rights, to the municipal real estate administrative departments to deposit; The real estate occupied and rented by the construction unit shall be deposited with the municipal real estate administrative department when the construction unit handles the registration of real estate ownership.

In violation of the provisions of the preceding paragraph, the owner and the construction unit have not deposited the first maintenance fund, and the municipal real estate administrative department shall not handle the registration of real estate ownership.

Article 9 The maintenance funds deposited by the owner shall be owned by the owner, the maintenance funds deposited by the construction unit shall be owned by the construction unit, and the maintenance funds deposited by the housing reform unit or extracted from the house sales funds shall be owned by the housing reform unit.

Article 10 When collecting maintenance funds, the municipal real estate administrative department shall issue a special bill for maintenance funds under the unified supervision of the financial department of People's Republic of China (PRC) to the depositor.

Article 11 When the balance of maintenance funds in the owner's ledger is less than 30% of the first deposit amount, the owner shall raise maintenance funds in time.

If the owners' congress is established and the owners' committee is elected, the standards and plans for the renewal of maintenance funds shall be drawn up by the owners' committee, and shall be implemented by the owners' committee after being submitted to the owners' congress for decision. With the consent of the owners' meeting, it can also be entrusted to the property service enterprise for implementation.

If the owners' committee is not established, the continuation of maintenance funds shall be organized and implemented by the property service enterprises or residents' committees in the area where the property is located.

Twelfth city real estate administrative departments should choose commercial banks through bidding and set up special accounts for maintenance fund management.

The maintenance funds deposited by the owners shall be set up by the municipal real estate administrative department in the property management area as a unit to set up a special account for maintenance funds, and a detailed account shall be set up by building and household.

Maintenance funds shall be accounted and settled separately from the date of deposit in the special account.

Article 13 Industries >>

Question 9: How to use the maintenance fund when the elevator is broken? The normal procedure is that the property and industry Committee first looks for the construction unit, gives the budget of the whole project, and asks the owners for their opinions on the application for funds and other related matters in writing. The maintenance fund can only be used after two thirds of the owners agree, and the limit is 70% of the principal of the maintenance fund. In addition, considering that the elevator involves public safety, in an emergency, it can be simply operated: the property first sends a written report to the quality inspection sub-bureau in the lower city, and the report should specify the maintenance content, engineering unit and project budget. , approval within 5 working days in the region. After obtaining the approval and the written consent of the industry Committee, you can come to the center to receive the maintenance fund with the relevant application form. "If the funds are not used enough for elevator maintenance, you can use the operating income of the community to pay part of it."

Question 10: How to withdraw the public maintenance fund 1. Before the establishment of the CMC (that is, during the escrow period of the maintenance fund), the maintenance fund shall not be used in principle. If it really needs to be used, it shall be handled according to the following procedures: 1. Property management companies shall entrust professional intermediaries recognized by the Municipal Bureau of Land and Housing Management to evaluate and account for the necessity and cost of maintenance projects in accordance with relevant standards and quotas. 2. The property management company can only carry out maintenance works after being appraised by an intermediary agency. 3. After the maintenance project is completed, it will be checked and accepted by the intermediary agency, and the qualified ones will be issued with certificates, and the unqualified ones will be required to be reworked. 4. The property management enterprise shall apply to the escrow unit for withdrawal of the maintenance fund with the maintenance project settlement invoice and the certificate issued by the intermediary agency. Second, after the establishment of the CMC, the property management company should make plans and budgets for the maintenance of public facilities in houses and residential areas (including overhaul, medium repair and renovation) at the beginning of each year, and report them to the CMC for approval before implementation. After the completion of the maintenance project, the property management enterprise shall go through the maintenance fund withdrawal procedures at the bank with the maintenance fund withdrawal certificate approved by the CMC; The CMC shall allocate the maintenance fund specifically according to the final accounts of completion, and include it in the owner's details. Under any of the following circumstances, except with the consent of the Administrative Committee, it shall also be reported to the County Bureau of Land and Housing Management for the record: 1, and the maintenance fund shall be withdrawn from 65,438+10,000 yuan to 500,000 yuan at one time; 2. Withdraw the maintenance fund twice within one year.