Measures of Wuxi Municipality on the Administration of Residential Special Maintenance Funds

Article 1 In order to strengthen the management of residential special maintenance funds, ensure the maintenance and 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 Property Law of People's Republic of China (PRC), the Property Management Regulations of the State Council and other laws and regulations.

Article 2 These Measures shall apply to the deposit, use, management and supervision of special maintenance funds for urban housing in this Municipality.

The term "residential special maintenance funds" as mentioned in these Measures refers to the funds earmarked for the maintenance, renewal and transformation of residential parts and facilities after the expiration of the warranty period.

Article 3 The * * * house use part mentioned in these Measures refers to the part that belongs to the owners in a single house or the owners in a single house and the non-residential owners connected with the structure according to the laws, regulations and the house sales contract, and generally includes: foundation, load-bearing walls, columns, beams, floors, roofs, outdoor walls, hallways, stairwells, corridors, etc.

The measures referred to in * * * facilities and equipment refers to ancillary facilities and equipment shared by residential owners or residential owners and related non-residential owners according to laws and regulations and house sales contracts, generally including elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating garages, public cultural and sports facilities and * * * facilities and equipment.

Fourth city real estate administrative departments responsible for the guidance and supervision of the city's urban maintenance funds, the maintenance fund management institutions specifically responsible for the daily management of the city's urban maintenance funds. The financial and auditing departments shall supervise the management and use of maintenance funds. Article 5 The owners of the following properties shall deposit maintenance funds in accordance with the provisions of these Measures:

(a) residential, but all owners and other property owners do not have * * * parts, * * facilities and equipment and residents build their own houses according to law;

(2) Non-residential buildings in residential quarters or non-residential buildings connected with residential structures outside residential quarters, including garages (spaces) for which the development and construction unit has obtained ownership;

(three) other houses that should pay maintenance funds.

Article 6 The initial maintenance funds shall be deposited according to the following standards:

(a) the residence shall be deposited according to the standard of 50 yuan per square meter of construction area, and the residence with elevator shall be deposited according to the standard of 90 yuan per square meter of construction area; Among them, detached houses with single property right in residential areas shall be deposited according to the 30 yuan standard of construction area per square meter.

(2) Non-residential buildings shall be deposited according to the 50 yuan standard of construction area per square meter, and if the non-residential buildings connected with residential structures are equipped with elevators and can be used directly, they shall be deposited according to the 90 yuan standard of construction area per square meter; Among them, independent non-residential houses with single property right in residential areas shall be deposited according to the 30 yuan standard of construction area per square meter.

(3) If the development and construction unit obtains the ownership of the garage, it shall be deposited according to the standard of 50 yuan per square meter of construction area; Garages (spaces) equipped with elevators and capable of direct use shall be deposited according to the 90 yuan standard for each square meter of construction area; If the construction area cannot be determined, it shall be deposited according to the standard of each garage (parking space) 1000 yuan.

(four) the sale of public housing units, in the sale of funds in accordance with the standard of 50 yuan per square meter of construction area; Public houses with elevators shall be paid according to the 90 yuan standard of construction area per square meter.

The municipal real estate administrative department shall timely adjust the margin standard according to the actual situation.

Article 7 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 8 When the development and construction unit handles the initial registration of housing ownership, when the public housing selling unit sells public housing, it shall deposit the first maintenance fund in one lump sum, and the receiving unit shall issue a special bill under the unified supervision of the financial department.

Article 9 The development and construction unit shall stipulate the payment standard and method of maintenance funds in the house sales contract, and provide valid certificates for the deposit of maintenance funds when delivering the house.

Article 10 When applying for registration of property rights, the applicant shall issue a certificate of deposit of maintenance funds in accordance with the requirements of the housing registration agency.

Eleventh before the establishment of the owners' meeting, the maintenance fund management institution is responsible for the daily management of maintenance funds. After the establishment of the owners' congress, the owners' congress may decide to transfer the maintenance funds to the owners' congress for management.

Sold public housing maintenance funds, by the municipal maintenance fund management agencies responsible for the daily management.

Article 12 The municipal real estate administrative department shall entrust a local commercial bank as a special account management bank for maintenance funds within its jurisdiction, and open a special account for maintenance funds in the special account management bank.

Open a special account for maintenance funds, set up an account with the property management area as the unit, and set up a sub-account 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.

Thirteenth owners to apply for the transfer of maintenance funds, should be entrusted to the owners' committee, and submit the following information to the municipal real estate administrative department:

(a) the application for the transfer of maintenance funds;

(2) The resolution passed by the owners whose exclusive part accounts for more than two thirds of the total construction area and accounts for more than two thirds of the total number, with the owner's signature, title certificate number, ID card number and contact information list attached;

(three) the management system of daily management of maintenance funds, fund safety, risk taking and accountability formulated by the owners' meeting;

(4) A written power of attorney from the owners' committee entrusting the local commercial bank to manage the maintenance funds in the special account, and providing proof that the special account management bank has opened a special account for maintenance funds;

(5) Other materials that need to be provided.

Article 14 After receiving the application materials, the municipal real estate administrative department shall, if it meets the requirements, transfer the book balance of the maintenance funds deposited by the owners within the property management area to the maintenance fund account opened by the owners' congress within 30 days, and hand over the relevant accounts and other materials to the owners' committee.

The maintenance fund account opened by the owners' congress shall be set up in the property management area as a unit, and a sub-account shall be set up according to the house number.

Fifteenth owners household book maintenance fund balance is less than 30% of the first deposit, it should be raised in time. The specific update work shall be carried out in accordance with the relevant provisions of the state. Sixteenth the use of maintenance funds should follow the principles of convenience, openness and transparency, and the consistency of beneficiaries and payers.

Seventeenth residential * * * parts and * * * facilities and equipment maintenance, renovation, renovation costs, by the relevant owners in accordance with the proportion of their own property construction area, of which the maintenance costs of centralized garage (a) are owned by the relevant owners according to the share.

The maintenance funds paid by the owners of single-property detached houses in residential quarters are earmarked for the maintenance, renewal and transformation of facilities and equipment in residential quarters.

Maintenance costs incurred during unpaid maintenance funds shall be shared by relevant owners according to the proportion of residential construction area, and those involving public housing units or development and construction units that have not yet registered the initial ownership of houses shall be shared by public housing units or development and construction units that have not registered the initial ownership of houses according to the proportion of relevant construction areas.

Eighteenth maintenance funds from the date of deposit, according to the bank interest rate, interest settlement once a year. The use of maintenance funds should pay the interest first, and the principal can be used when the interest is insufficient, but the owner's family book balance shall not be less than 30% of the first deposit.

Nineteenth owners' meeting has not been established, and maintenance funds need to be used, and the following procedures shall be followed:

(a) the realty service enterprise puts forward suggestions according to the maintenance and renovation projects; If there is no property service enterprise, the relevant owners will put forward suggestions for use.

(two) the exclusive part accounts for more than two-thirds of the total construction area and accounts for more than two-thirds of the total number of owners within the scope of maintenance funds, and should be discussed and adopted.

(three) the realty service enterprise and the relevant owners organize the implementation of the use plan.

(four) property services companies and related industries should hold relevant materials and apply for fees to the municipal real estate administrative department. After examination and approval, the municipal maintenance fund management institution will allocate the funds to the property service enterprises or related units.

Public housing units need to use maintenance funds, with reference to the above procedures.

Article 20 After the establishment of the owners' congress and before the maintenance funds are transferred to the owners' congress for management, if the maintenance funds need to be used, the owners' congress shall authorize the owners' committee to apply to the municipal real estate administrative department for expenses according to the use plan discussed and adopted by the owners' congress. City real estate administrative departments found that does not comply with the relevant laws, regulations, rules and procedures, it should be ordered to make corrections; City maintenance fund management institutions in accordance with the provisions of the maintenance funds allocated to the maintenance unit.

Twenty-first maintenance funds transferred to the owners' congress management, need to use maintenance funds, in accordance with the following procedures:

(a) the use of property services companies, there is no property services companies, the relevant owners put forward the use of the program; The use plan shall include maintenance and renovation projects, cost budget, cost range, emergency treatment measures that endanger the safety of houses and other situations that require temporary use of maintenance funds.

(two) the owners' congress passed the use plan according to law.

(three) the realty service enterprise or the relevant owners organize the implementation of the use plan.

(four) the realty service enterprise or related industry host to submit the relevant materials to the owners' committee to collect maintenance funds; Among them, the use of public housing maintenance funds, to the maintenance fund management agencies to apply for expenses.

(five) the owners' committee shall examine and approve the use plan and report it to the municipal real estate administrative department for the record; The use of public housing maintenance funds shall be approved by the maintenance fund management institution.

(six) the owners' committee and the maintenance fund management institution shall issue a notice of transfer of maintenance funds to the special account management bank.

(seven) the special account management bank will allocate the required maintenance funds to the maintenance unit according to the notice and the filing certificate.

City real estate administrative departments found that does not comply with the relevant laws, regulations, rules and procedures, it should be ordered to make corrections.

Twenty-second in case of emergency endangering the safety of the house, it is necessary to repair, update and transform the parts and facilities of the house immediately, and the maintenance funds shall be allocated in accordance with the following provisions:

(a) before the maintenance funds are transferred to the owners' congress for management, they shall be handled in accordance with the provisions of Items (3) and (4) of Article 19 of these Measures;

(two) after the maintenance funds are transferred to the owners' congress for management, they shall be handled in accordance with the provisions of the third, fourth, fifth, sixth and seventh items of Article 21 of these Measures.

After the occurrence of the situation mentioned in the preceding paragraph, if the maintenance, renewal and transformation are not carried out in accordance with the provisions, the municipal real estate administrative department may designate qualified maintenance units to carry out maintenance on its behalf, and the maintenance expenses shall be charged from the relevant owners' maintenance fund subsidiary ledger.

Twenty-third the following expenses shall not be charged from the 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) 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) 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 the residential parts and facilities;

(five) other circumstances that should not be charged.

Twenty-fourth in the premise of ensuring the normal use of maintenance funds, maintenance funds should be maintained and increased in accordance with the relevant provisions of the state.

Twenty-fifth the following funds shall be transferred to the maintenance fund:

(1) Income from maintenance funds;

(two) the use of residential * * * parts, * * with facilities and equipment for business, the owners' income, unless otherwise decided by the owners' meeting;

(three) the residual value recovered after the retirement of residential facilities and equipment. Twenty-sixth housing ownership transfer, the balance of maintenance funds with the transfer of housing ownership.

Twenty-seventh housing loss, maintenance funds shall be returned in accordance with the following provisions:

(1) The certificate of cancellation of the ownership certificate of the house (or the certificate of loss of the house issued by the demolition management department in the area where the house is located) and my ID card, and go through the cancellation procedures of the fund account at the municipal maintenance fund management institution, and the balance of the maintenance fund in the house ledger will be returned to the owner; The transfer of maintenance funds managed by the owners' congress shall be implemented with reference to these provisions.

(II) Units selling public housing should go through the cancellation procedures of capital account with the certificate of cancellation of house ownership certificate and unit certificate, and transfer the balance of maintenance fund in the housing ledger to housing fund provided by employer; 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.

Twenty-eighth maintenance fund management institutions shall accept the following inquiries from owners, owners' committees and public housing units:

(a) the deposit, use, value-added income and balance of maintenance funds;

(two) the project, cost and allocation;

(three) other information about the use and management of maintenance funds.

Owners, owners' committees and units selling houses may request a review if they have objections to the inquiry.

Article 29 The management and use of maintenance funds shall be subject to supervision and audit by the financial and auditing departments according to law.

The financial management and accounting of maintenance funds and the management of the purchase, use, storage and write-off of special bills shall be implemented in accordance with the relevant provisions of the financial department.

Thirtieth in violation of the provisions of these measures, the relevant administrative departments shall be punished in accordance with the relevant provisions of laws, regulations and rules; If a crime is constituted, criminal responsibility shall be investigated according to law.

Maintenance fund management departments and management institutions and their staff take advantage of their positions to accept other people's property or other benefits, fail to perform their duties according to law, or find that illegal acts are not investigated, they shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 31 The deposit of maintenance funds for non-residential properties other than those specified in these Measures may be implemented with reference to these Measures, and the specific contents shall be agreed by the buyer and the seller in the sales contract.

Thirty-second before the implementation of these measures, the elevator renewal funds deposited by the owners are still earmarked for elevator renewal, or implemented in accordance with these measures according to the resolutions of the owners' meeting.

Thirty-third maintenance funds collected by development and construction units or property management units shall be cleared up in time and deposited in a special account designated by the municipal real estate administrative department.

Thirty-fourth Jiangyin City and Yixing City may formulate specific implementation rules according to these measures.

Article 35 These Measures shall come into force on July 1 day, 2065. 65438. On June 5, 2004, Wuxi Municipal People's Government issued the Measures for the Management of Facilities and Equipment Maintenance Funds in Residential Areas in Wuxi (xi Fazheng [2004] No.3), which was abolished at the same time.