Measures of Shenyang Municipality on the Administration of Property Special Maintenance Funds

Chapter I General Provisions Article 1 In order to strengthen the management of special maintenance funds for property, ensure the normal use of common parts and facilities of property, and safeguard the legitimate rights and interests of owners of special maintenance funds for property, these measures are formulated in accordance with the provisions of the State Council's "Regulations on Property Management" and other laws and regulations, combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the deposit, use, management and supervision of property special maintenance funds within the urban planning area of this Municipality.

The management of after-sale public housing maintenance funds in this Municipality shall be implemented in accordance with the relevant provisions on the management of after-sale public housing maintenance funds. Article 3 The term "special maintenance funds for property" as mentioned in these Measures refers to the funds earmarked for the maintenance, renewal, renovation and additional construction of * * * parts and * * * facilities and equipment of the property after the expiration of the property warranty period. Article 4 The management of property special maintenance funds shall follow the principles of special account storage, earmarking, owner's decision-making and government supervision. Fifth city real estate departments responsible for the city's property special maintenance funds deposit, use and management. City property special maintenance fund management institutions specifically responsible for the daily management of property special maintenance funds.

The district real estate departments are responsible for the deposit, use and management of special maintenance funds for property within their respective jurisdictions.

Finance, planning, construction, auditing, supervision and other relevant departments shall supervise the management of property special maintenance funds according to their respective responsibilities. Article 6 Sub-district offices and township (town) people's governments shall assist district real estate departments in guiding the management of special maintenance funds for property within their respective jurisdictions, supervise and guide the daily work of owners' congresses, owners' committees and property service enterprises in managing special maintenance funds for property, and mediate disputes over the management of special maintenance funds for property.

Residents' committees and villagers' committees shall perform their duties according to law, and support and guide the daily work of the owners' committee. Chapter II Deposit of Maintenance Funds Article 7 Where two or more owners jointly own the property, the owners shall deposit special maintenance funds for the property. Eighth owners shall, before handling the house occupancy formalities, deposit the first phase of special property maintenance funds into the special property maintenance fund account.

No unit or individual may collect special maintenance funds for property. Article 9 The owner shall deposit the first special maintenance fund of the property according to the following standards:

(a) the property with elevator, according to the construction area of each square meter of 92 yuan deposit;

(two) no elevator property, according to the construction area of each square meter of 63 yuan deposit.

The municipal real estate department may timely adjust the deposit standard of special maintenance funds for property according to factors such as changes in the cost of property construction and installation projects. Tenth property special maintenance funds deposited by the owners belong to the owners. Eleventh before the establishment of the owners' congress, the property special maintenance funds deposited by the owners shall be managed by the municipal real estate department.

After the establishment of the owners' congress, if the owners' congress decides to manage the property special maintenance funds by itself, the owners' committee shall apply to the municipal real estate administrative department for the transfer of the property special maintenance funds deposited by the owners within the property management area. Without the decision of the owners' congress to manage the special maintenance funds of the property, it will continue to be managed by the municipal real estate department. Article 12 The municipal real estate administrative department shall, through public bidding, determine the commercial bank as the special account management bank of the property special maintenance fund, and open a special account of the property special maintenance fund in the special account management bank.

Property special maintenance funds shall be set up in the property management area as a unit, and sub-accounts and sub-accounts shall be set up in the building as a unit according to the house number. Thirteenth after the establishment of the owners' congress, it is decided to manage the special maintenance funds of the property by itself, and a meeting of the owners' congress shall be held to vote on the following matters:

(1) Resolution on self-management of property special maintenance funds;

(two) the management system of property special maintenance funds;

(three) to decide on the special maintenance fund account management bank, account management unit and the person in charge of the special maintenance fund account;

(four) other related matters related to the resolution of special maintenance funds for property.

The above matters shall 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 of owners in the property management area.

The district real estate departments, sub-district offices and township (town) people's governments where the property is located shall give guidance to the owners' congress.

After the meeting of the owners' congress, the owners' committee shall publicize the matters resolved by the owners' congress and the owners' congress in the property management area, and the publicity period shall not be less than 15 days. Article 14 Where it is decided to manage the property special maintenance funds by itself, the owners' committee shall submit an application for the transfer of the property special maintenance funds deposited by the owners within the property management area to the municipal real estate administrative department with relevant materials. The municipal real estate administrative department shall, within 30 days from the date of accepting the application, notify the special account management bank to transfer the book balance of the property special maintenance fund deposited by the owners within the property management area to the property special maintenance fund account opened by the owners' congress, and hand over the relevant accounts to the owners' committee. Fifteenth owners of household deposit property special maintenance fund balance is less than 30%, it should be paid in a timely manner. In principle, the book balance of the owner's household after renewal shall not be lower than the first deposit.

The renewal plan shall be decided by the owners' meeting.

The owners' committee shall organize the owners' meeting in time to discuss and decide on the update plan, and issue an update notice to the relevant owners according to the update plan. The owner shall, within 10 days from the date of receiving the notice of renewal, deposit the special maintenance fund for the renewed property into the special account management bank.