Xi Measures for the Administration of Special Maintenance Funds for Residential Buildings (revised in 2020)

Chapter I General Provisions Article 1 In order to strengthen the management of residential special maintenance funds, ensure the normal use of residential building parts and facilities, and safeguard the legitimate rights and interests of owners of residential special maintenance funds, these measures are formulated in accordance with the Civil Law of People's Republic of China (PRC), the Regulations on Property Management and relevant laws and regulations, and combined with 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 municipal administrative department of property management is the administrative department of maintenance funds in this Municipality. The municipal maintenance fund management institution under it is specifically responsible for the daily work of the supervision and management of the city's maintenance funds, as well as the deposit and management of maintenance funds in Xincheng District, beilin district, Lianhu District, Baqiao District, weiyang district, Yanta District (hereinafter referred to as the six districts of the city) and development zones.

The administrative departments of property management in the six districts of the city and the Administrative Committee of the Development Zone are responsible for the management of the use, renewal and supplementary construction of maintenance funds within their respective jurisdictions.

Yanliang district, Lintong, Chang 'an, Gaoling, Hu Yi and municipal county property management administrative departments and Xixian New Area Management Committee are responsible for the deposit, use, renewal, supporting construction and management of maintenance funds within their respective jurisdictions.

Resource planning, market supervision, public security and other administrative departments shall, in accordance with their respective responsibilities, assist in the supervision and management of maintenance funds. Fourth county property management administrative departments, Xixian New Area and Development Zone Management Committee shall set up specialized agencies or full-time personnel to strengthen the supervision and management of maintenance funds. Fifth maintenance fund management follows the principles of special account storage, earmarking, owner's decision-making and government supervision. Chapter II Deposits Article 6 Maintenance funds shall be deposited in residential properties with more than two property owners in a property management area, non-residential properties in residential quarters or non-residential properties connected with a single residential building structure, and units selling public housing. Article 7 Residential owners and non-residential owners shall deposit maintenance funds according to the construction area of the property they own, and the amount of the first maintenance fund deposited per square meter of construction area shall be 5% to 8% of the cost per square meter of local residential construction and installation projects. The municipal property management administrative department shall reasonably determine and announce the deposit amount of the first maintenance fund according to the relevant provisions, and make timely adjustments.

Yanliang district, Lintong District, Chang 'an District, Gaoling District, Huyi District, municipal counties and Xixian New Area management within the scope of the deposit amount of the first maintenance funds, by the county property management administrative departments and Xixian New Area CMC with reference to the city property management administrative departments announced the deposit amount of the first maintenance funds to determine.

After the sale of public housing, maintenance funds shall be deposited in accordance with the following provisions:

(1) The owner shall deposit the maintenance fund according to the construction area of the property, and the amount of the first maintenance fund per square meter of construction area shall be 2% of the local housing reform cost price;

(two) units selling houses shall, in accordance with the principle of not less than 20% for multi-storey houses and not less than 30% for high-rise houses, draw maintenance funds from the sales price at one time. Article 8 The maintenance fund deposited by the owner belongs to the owner. Maintenance funds extracted from public housing sales funds belong to public housing sales units. Article 9 The property management administrative department and Xixian New Area Administrative Committee shall sign an entrustment contract with local commercial banks, set up a special account for maintenance funds, and entrust them to handle the procedures of deposit, transfer, interest calculation and settlement of maintenance funds. Tenth owners should deposit the first maintenance fund into the maintenance fund account before handling the house occupancy formalities. Do not conform to the provisions of these measures, the construction unit shall not deliver the house. Eleventh construction units and owners in the registration of housing ownership transfer, should be submitted to the real estate registration agency for the first maintenance fund deposit bill.

The real estate registration agency shall examine the bills deposited with maintenance funds when handling the registration of house ownership transfer. Twelfth maintenance funds from the date of deposit in a special account in accordance with the relevant provisions of the state interest. Thirteenth before the establishment of the owners' congress, the maintenance funds shall be managed by the administrative department of property management and the Xixian New Area Municipal Administration Committee. After the establishment of the owners' congress, if it is planned to independently manage the maintenance funds, a meeting of the owners' congress shall be held, and the owners whose exclusive parts account for more than two thirds of the area and the number of owners accounts for more than two thirds shall vote, and with the consent of more than half of the owners who vote, a decision shall be made on the following matters:

(a) the resolution of independent management of maintenance funds;

(2) Measures for the administration of maintenance fund accounts;

(three) the resolution of entrusting the realty service enterprise and accounting firm as the maintenance fund account management unit, or hiring a qualified professional accountant to manage the account;

(four) to determine the resolution of the maintenance fund account management bank;

(five) the resolution of the maintenance fund storage scheme;

(six) the emergency use of maintenance funds resolution;

(seven) other matters stipulated by laws and regulations.

The voting results and decisions of the owners' congress shall be publicized to all owners in written form.

During the period of independent management of maintenance funds by the owners' congress, if the contents determined in the resolutions from Item 2 to Item 6 of Paragraph 1 are changed through discussion by the owners' congress, the owners' committee shall inform the original escrow department in writing within 15 days from the date of the decision of the owners' congress.