Does the owners' committee have the right to ask the developer to return the community maintenance fund?

According to the relevant laws and regulations of our country, the residential maintenance fund is audited by the local housing management administrative organ and managed in a special account, which is not in the hands of developers.

Special payment of housing maintenance fund

When commercial housing is sold, the maintenance fund collected by the sales unit belongs to all owners and is not included in the residential sales income. Property buyers and selling units shall sign a maintenance fund payment agreement. When the house is delivered for use, the property buyers shall pay maintenance funds to the selling units in accordance with the proportion of 2% of the purchase price.

When the development and construction unit hands over the residential area, the maintenance fund shall be withdrawn according to the proportion of 65438+ 0.5% of the total construction and installation cost of the residential area (2.5% for the residential area equipped with elevators), and the maintenance fund shall be owned by all owners.

The maintenance fund collected or extracted by the unit selling houses shall be registered with the real estate administrative department within 10 days from the date of receiving the maintenance fund, and the special account management shall be implemented after being audited by the real estate administrative department.

Procedures for the use of housing maintenance funds

The use of commercial residential maintenance funds, the property management unit set up the owners' committee to put forward the use plan, approved by the owners' committee, and reported to the real estate administrative department for the record.

If the owners' committee is not established, the maintenance funds will be used by the property management unit during the escrow period of the real estate administrative department, and the maintenance plan will be reported to the real estate administrative department for examination and approval after the consent of the relevant owners, and approved by the finance department at the same level and notified to the bank to allocate funds.

The owners' committee may entrust the maintenance fund to the property management unit for escrow.

Can the housing maintenance fund be used in other places?

The "Administrative Measures" of the Ministry of Construction stipulates that when the maintenance fund is idle, it is strictly forbidden to use it for other purposes except for purchasing government bonds or other fields stipulated by laws and regulations. According to Article 63 of the State Council's 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 may impose a fine of less than 2 times the misappropriated amount; Property management companies 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.