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What are the legal consequences of property service enterprises misappropriating special maintenance funds?

practical problem

A residential property management company privately misappropriates the special maintenance funds entrusted by it for investment, and the proceeds are used as "dividends" for employees. After learning about it, the community owner asked the property management company to return the special maintenance funds, but it was rejected. So, is the practice of property management companies legal?

The lawyer replied.

According to the law, the special maintenance fund belongs to the owner, which is specially used for the maintenance, renewal and transformation of * * * parts and * * * facilities and equipment of the property after the warranty period expires, and shall not be used for other purposes. In this case, the misappropriation of property management companies is obviously illegal and may even constitute a crime. According to the Property Management Regulations, the real estate administrative department of the local people's government at or above the county level shall recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income and impose a fine; Property service enterprises misappropriate special maintenance funds, and if the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate; 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.

Legal link

property management regulations

Article 61 If anyone misappropriates special maintenance funds in violation of the provisions of these Regulations, the real estate administrative department of the local people's government at or above the county level shall recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income, and may impose a fine of less than 2 times the misappropriated amount; Property service enterprises misappropriate special maintenance funds, and if the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate; 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.