Chapter VI Use and Management of Special Maintenance Funds of Shaanxi Property Management Regulations

Owners of residential properties, non-residential properties in residential quarters, or non-residential properties connected with single residential building structures and units selling public housing shall deposit special maintenance funds.

The special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of the parts and facilities of the property after the expiration of the warranty period, and shall not be used for other purposes.

After the expiration of the warranty period, the * * * parts and facilities of the property need special maintenance funds, and the residential property, non-residential property and public housing have not been sold, or the construction unit and the public housing selling unit use and operate on their own, the construction unit and the public housing selling unit shall share the maintenance, renewal and renovation costs of the * * * parts and facilities of the property according to the construction area of the property. The following expenses shall not be charged from the special maintenance funds:

(a) according to the law should be borne by the construction unit or the construction unit of residential parts, facilities and equipment maintenance, renovation and renovation costs; (two) according to the law should be borne by the professional business units of water supply, power supply, gas supply, heating, communications, cable television and other pipelines and facilities, maintenance costs; (three) artificial damage to residential parts and facilities, the repair costs required by the parties; (four) according to the realty service contract, the realty service enterprise shall bear the maintenance and maintenance costs of residential parts and facilities. The owners of commercial housing and non-residential housing shall deposit special maintenance funds according to the construction area of the property they own, and the amount of the first special maintenance funds deposited per square meter of construction area is 5% to 8% of the cost per square meter of local residential construction and installation projects.

Districts of the city and county (city) property management administrative departments shall, according to local conditions, reasonably determine the deposit standard, publish the amount of the first special maintenance funds deposited per square meter of construction area, and make timely adjustments. Owners of sold public housing shall deposit special maintenance funds according to their own real estate construction area, and the amount of the first special maintenance fund deposited per square meter of construction area shall be 2% of the local housing reform cost price.

Public housing units sold in accordance with the multi-storey residential not less than 20%, high-rise residential not less than 30%, from the sale of a one-time extraction of special maintenance funds. Commercial housing owners should deposit the first phase of special maintenance funds into the special maintenance fund account in full before handling the house occupancy formalities.

When handling the house check-in, the owner shall provide proof of depositing special maintenance funds; Without proof, the construction unit shall not deliver the house for use.

Owners who have sold public housing should deposit the first special maintenance fund into the special maintenance fund account of public housing before handling the registration of housing ownership, or hand it over to the selling unit for deposit into the special maintenance fund account of public housing. Public housing units selling houses shall, within 30 days from the date of receiving the sales price, deposit the extracted special maintenance funds into the special maintenance fund account of public housing. The special maintenance funds deposited by the owners belong to the owners, and the special maintenance funds extracted from the public housing sales funds belong to the public housing sales units. Before the establishment of the owners' congress, the special maintenance funds deposited by commercial residential owners and non-residential owners shall be managed by the property administrative department of the city or county (city) where the property is located; The special maintenance funds for sold public housing are managed by the financial department of the city or county (city) or the administrative department of property management.

City and county (city) property administrative departments with districts shall entrust local commercial banks as special maintenance fund account management banks, and open special maintenance fund accounts in special management banks.

To open a special maintenance fund account, 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 divided, an account shall be set up for each building, and a ledger shall be set up according to the house number. After the establishment of the owners' congress, the escrow department or management department of the special maintenance fund shall transfer the book balance of the special maintenance fund deposited by the owners in the property management area to the special maintenance fund account opened by the owners' congress in accordance with the provisions of the state, and hand over the relevant accounts to the owners' committee.

The account management unit after the transfer of special maintenance funds shall be decided by the owners' meeting. The owners' congress shall establish a special maintenance fund management system.

City and county (city) administrative departments of property management with districts shall supervise the special maintenance fund accounts and the use of funds opened by the owners' congress. When the ownership of the house is transferred, the balance of special maintenance funds will be transferred with the ownership. If the house is lost, the balance of special maintenance funds shall be returned in accordance with the following provisions:

(a) returned to the owner of the vehicle in his custody; (two) the part deposited by the public housing sale unit is returned to the sale unit; If the sales unit does not exist, the state treasury at the same level shall be levied according to the financial affiliation of the sales unit. Before the implementation of these regulations, commercial residential owners and non-residential owners have deposited special maintenance funds. If the property management regional owners' meeting has not yet been established, it shall entrust the municipal or county (city) property management administrative department with districts to organize the implementation within 30 days from the date of implementation of these regulations. Public housing special maintenance funds have been sold, and the property management regional owners' meeting has not yet been established, which shall be transferred to the financial department of the city or county (city) or the property management administrative department for management within 30 days from the date of implementation of these regulations.

If the property management regional owners' meeting has been established, the special maintenance funds shall be implemented in accordance with the provisions of Article 93 of this Ordinance after being received by the escrow department or the management department.

The detailed rules for the implementation of the Measures for the Administration of Special Maintenance Funds shall be formulated by the Provincial Construction Department in conjunction with the provincial finance department.