That's settled! July 1 officially implemented! Shandong car owners look!

The reporter learned from the Shandong Provincial Department of Housing and Urban-Rural Development that the Shandong Provincial Department of Housing and Urban-Rural Development, the Shandong Provincial Department of Civil Affairs and the Shandong Provincial Department of Finance jointly issued the Measures for the Management of Special Maintenance Funds for Residential Buildings in Shandong Province in order to further strengthen the management of special maintenance funds for residential buildings, ensure the normal use and maintenance of * * * parts and facilities and equipment, and safeguard the legitimate rights and interests of owners of maintenance funds.

By the end of 20 19, the book balance of maintenance funds in the province was about 85.742 billion yuan, and the accumulated use amount was about 2.866 billion yuan, of which 2015-201932 million yuan was used, accounting for 67.4 1% of the total use since the implementation of the maintenance fund system.

The newly issued Measures for the Management of Special Maintenance Funds for Residential Buildings in Shandong Province is divided into five chapters and fifty-two articles, which mainly include the first chapter general provisions, the second chapter deposit, the third chapter use, the fourth chapter supervision and management, and the fifth chapter supplementary provisions.

Maintenance funds are earmarked for the maintenance, renewal and transformation of residential parts and facilities after the expiration of the warranty period. These Measures shall apply to the deposit, use, management and supervision of maintenance funds for commercial housing and after-sale public housing within the administrative area of this province. Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with single residential structures outside residential quarters shall deposit maintenance funds in accordance with the provisions of these Measures.

The "Measures" clarify that the Provincial Department of Housing and Urban-Rural Development, together with the provincial finance department, is responsible for the guidance and supervision of the province's maintenance funds, while the Municipal Department of Housing and Urban-Rural Development, together with the finance department at the same level, is responsible for the guidance and supervision of the maintenance funds within their respective administrative areas. The financial department shall strengthen the supervision over the financial management of the maintenance fund revenue and expenditure and the implementation of the accounting system.

With regard to the deposit and use of maintenance funds, the Measures point out that the owners of commercial housing should deposit the first maintenance funds before handling the house delivery procedures, and the construction unit should agree with the owners in the purchase contract that the owners should deposit the maintenance funds in accordance with relevant regulations, and urge the owners to do so. When selling public housing, maintenance funds shall be drawn from the house price, and the owners shall deposit maintenance funds according to the construction area. The use of maintenance funds is divided into planned use, general use and emergency use. Planned use and general use shall be organized and implemented after the owner votes, emergency use shall be organized and implemented after on-site inspection, and publicity shall be made after maintenance is completed. Maintenance funds can be used to purchase insurance related to elevator maintenance and renovation according to the planned use procedures.

Maintenance funds shall establish a publicity and inquiry system and accept the inquiries of the owners. Maintenance funds can be used for fixed-term portfolio deposits in accordance with the relevant provisions of the state to ensure the safe appreciation of funds and the regular distribution of value-added benefits. The maintenance fund management institution shall conduct regular financial audits, publicize the audit results, and accept the audit supervision of the audit department according to law. Provincial, district housing and urban construction departments to strengthen the supervision and management of maintenance funds collection, use and value-added, in conjunction with the financial sector at the same level to organize maintenance funds inspection activities.

The Measures for the Management of Special Maintenance Funds for Residential Buildings in Shandong Province issued this time will be implemented from July 1 day, 2020, and will be valid until June 30, 2025. The original Measures for the Management of Special Housing Maintenance Funds in Shandong Province (Lu Jianfa [2065438+05] No.2) issued on 20 15 is invalid and no longer applicable.

Annex: Measures for the Administration of Special Maintenance Funds for Residential Buildings in Shandong Province

Shandong Provincial Department of Housing and Urban-Rural Development

Mountain? East? Province? People? Politics? corridor

Mountain? East? Province? Money? Politics? corridor

Notice on printing and distributing special maintenance funds for residential buildings in Shandong Province

Notice of administrative measures

Municipal Housing and Urban-Rural Development Bureau, Civil Affairs Bureau and Finance Bureau:

In order to further strengthen the management of residential special maintenance funds, ensure the normal use and maintenance of * * * parts, * * facilities and equipment, and safeguard the legitimate rights and interests of the owners of residential special maintenance funds, according to the relevant national and provincial laws, regulations and rules, combined with the actual situation in our province, we have formulated the Measures for the Management of Residential Special Maintenance Funds in Shandong Province, which are hereby printed and distributed to you, please follow them.

Shandong Provincial Department of Housing and Urban-Rural Development

Civil affairs department of Shandong province

Shandong Provincial Department of Finance

May 28(th), 2020

Measures of Shandong Province for the Administration of Residential Special Maintenance Funds

Chapter one? Total? rule

Rule number one In order to strengthen the management of residential special maintenance funds (hereinafter referred to as maintenance funds), ensure the normal use and maintenance of residential parts and facilities, and safeguard the legitimate rights and interests of owners of maintenance funds, according to the provisions of People's Republic of China (PRC) Property Law, Regulations on Property Management, Regulations on Property Management in Shandong Province, Measures for the Management of Residential Special Maintenance Funds, and other laws, regulations and rules, combined with the actual situation of this province,

Rule number two These Measures shall apply to the deposit, use, management and supervision of maintenance funds for commercial housing and after-sale public housing within the administrative area of this province.

Rule three. The term "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.

The * * * part of the house as mentioned in these Measures refers to the * * * part shared by the owner of a single house or the owner of a single house and its connected non-residential owners according to the laws, regulations and the house sales contract, and generally includes: the foundation, load-bearing walls, columns, beams, floors, roofs, outdoor walls, hallways, stairwells, corridors, etc.

The facilities and equipment mentioned in these Measures refer to the ancillary facilities and equipment shared by the residential owners or the residential owners and relevant non-residential owners according to the laws and regulations and the house sales contract, generally including elevators, antennas, lighting, fire-fighting facilities, building intercom, green spaces, roads, fences, monitoring facilities, street lamps, ditches, pools, wells, non-operating garages and public welfare.

Article 4? Maintenance funds shall be managed in a localized and unified way, and the principles of special account storage, owner ownership, owner decision-making and government supervision shall be adhered to.

Article 5? The competent department of housing and urban-rural construction of the province in conjunction with the provincial finance department is responsible for the guidance and supervision of the province's maintenance funds.

The municipal housing and urban construction department with districts shall, jointly with the finance department at the same level, be responsible for the guidance and supervision of maintenance funds within their respective administrative areas.

County (including county-level cities, the same below) property departments are responsible for the deposit, use and management of maintenance funds within their respective jurisdictions.

The district property department may, according to the authorization of the superior property department, be responsible for the deposit, use and management of maintenance funds within its jurisdiction.

Article 6? After the sale of public housing maintenance funds, after verification, the financial department or other management departments handed over to the local property department for unified management.

Article 7? Before the establishment of the owners' congress, the maintenance funds shall be managed by the property administrative department. After the establishment of the owners' congress, according to the resolution of the owners' congress, choose to manage on their behalf or on their own.

Owners who choose to manage their own maintenance funds shall accept the management and supervision of the property department and open a maintenance fund account in the bank selected by the property department.

Article 8? Property departments at all levels should strengthen the construction of maintenance fund management information system, and gradually realize the informationization and networking of maintenance fund use voting, public inquiry and supervision and management. Explore the establishment of a unified maintenance fund management information system in the province to improve the efficiency of maintenance fund management.

Chapter two? Turn it in shop

Article 9? Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with single residential structures outside residential quarters shall deposit maintenance funds in accordance with the provisions of these Measures.

Article 10? The owners of commercial houses and non-residential houses 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 and county property administrative departments with districts shall, according to the local actual situation and within the scope of these measures, reasonably determine and publish the amount of the first maintenance fund deposited per square meter of construction area, and make timely adjustments. Before the publication of the deposit standard, it shall be reported to the property administrative department at the next higher level for the record.

For the sale of public housing, the selling unit shall extract at least 20% of maintenance funds from multi-storey residential buildings and at least 30% from high-rise residential buildings. The owner shall deposit maintenance funds according to the construction area of the owned property, and the amount of the first maintenance fund deposited per square meter of construction area is 2% of the local housing reform cost price.

Article 11? The owner of commercial housing shall deposit the first maintenance fund in full and in one lump sum before handling the house delivery procedures.

When the unsold houses are completed and delivered, the construction unit shall deposit the first maintenance fund. Where the pre-sale funds of commercial housing are supervised, the maintenance funds that should be paid by the construction unit can be transferred from the supervised pre-sale funds.

Article 12? The construction unit shall agree with the owner in the purchase contract that the owner shall deposit the maintenance fund in accordance with the regulations, and urge the owner to deposit it. If the first maintenance fund is not deposited in accordance with the provisions of these measures, the construction unit shall not deliver the house to the owner.

Thirteenth property administrative departments should open a special account for maintenance funds in commercial banks, including housing accounts and public accounts.

(a) the housing account is mainly used to store the maintenance funds deposited by the owners and construction units, as well as the value-added income of the housing account. Set the general ledger according to the property management area and the subsidiary ledger according to the house number.

(2) The public account is mainly used to store the maintenance funds transferred from the public account, other funds transferred by the owners' congress or the owners, and maintenance funds transferred from the sale of public housing. Set the general ledger according to the property management area and the subsidiary ledger according to the building. If a property management area contains more than two original public housing units, accounts shall be established separately according to the scope of their property rights.

Fourteenth public * * * income in the property management area mainly includes the production, operation and rental income of * * * waste parts and facilities and equipment in the property management area, as well as the recovery residual value of * * * waste facilities and equipment after scrapping.

Fifteenth after deducting other funds agreed by the office of the owners' committee and the owners' congress, the rest will be used to deposit maintenance funds, and the specific deposit ratio will be decided by the owners' congress, but it shall not be less than 60% of the total public income.

Article 16 If the balance of maintenance funds in the housing account is less than 30% of the initial deposit amount, the property administrative department shall issue a renewal notice to the community owners' committee or the relevant owners, and the relevant owners shall renew the insurance in time after receiving the notice.

Article 17? Commercial housing has been sold but maintenance funds have not been established, and it will be built in accordance with the deposit standards of these Measures.

If the maintenance funds are not withdrawn or not fully withdrawn when selling public housing, the selling unit shall make up for it in accordance with the regulations; If the owner fails to deposit it, it shall pay it in accordance with the regulations.

Article 18? After the resolution of the owners' meeting, the owners can choose to pay or renew the maintenance fund in one lump sum, or pay or renew the maintenance fund with the property fee every month. The real estate departments of cities and counties divided into districts shall formulate specific standards and procedures for supplementary payment and renewal.

Property service enterprises or other institutions shall cooperate with the collection and deposit of maintenance funds. Where a realty service enterprise or other institution collects and remits maintenance funds, it shall timely transfer the maintenance funds to the maintenance fund bank account. The property administrative department shall incorporate the transfer and renewal of maintenance funds of the property service enterprise into its credit file management.

Chapter three? Manufacturing? use

Nineteenth maintenance funds are divided into planned use, general use and emergency use.

Planned use refers to the use of multiple planned maintenance projects by one vote; Universal refers to the use of traditional methods to vote for a maintenance project at one time; Emergency use refers to the use of emergency procedures that do not vote beforehand and are not publicized afterwards.

The voting method of the owners can be conventional voting, that is, with the consent of the owners whose proprietary parts account for more than two-thirds of the total construction area and more than two-thirds of the total number of people, it is regarded as voting; Objection voting can also be adopted, that is, according to the agreement between the owner and the management statute, if the exclusive part of the owner who disagrees accounts for less than one-third of the total construction area and less than one-third of the total number of people, it is regarded as voting.

Article 20? Maintenance projects involving all owners and other maintenance projects decided by the owners' meeting shall be charged by public accounts. If the pool is insufficient, it shall be shared by all owners or interested owners according to the proportion of their respective property construction areas; Maintenance projects involving some owners are charged from the housing account and shared by the relevant owners according to the proportion of their respective property construction areas.

If it is used in an emergency and needs to be paid from the housing account and the funds in the housing account are insufficient, it can be adjusted and paid from the public account with the consent of the owners' Committee.

Article 21? The planned use of maintenance funds is mainly applicable to the maintenance, renewal and transformation of * * * parts and * * * facilities and equipment that can be foreseen in advance and whose main purpose is to prolong the service life of the property; You can vote on the annual use plan of maintenance funds for no more than two consecutive years.

Article 22? The use plan of maintenance funds shall be formulated by the owners' committee according to the service life, maintenance and loss of houses and facilities. After the decision of the owners' meeting or the consent of interested owners, it shall be submitted to the property administrative department for examination and filing together with relevant materials and organized for implementation. Commissioned by the realty service enterprise, the owners' committee and the realty service enterprise shall sign an entrustment agreement before implementation.

Conditional communities can apply for the use of maintenance funds in accordance with the planning procedures, and purchase insurance related to elevator maintenance, renewal and transformation.

Article 23? According to the maintenance fund planning procedures, the owners' committee or its entrusted realty service enterprise shall, in accordance with the provisions, select units with corresponding capabilities through public bidding, sign maintenance service contracts, and organize project construction, acceptance and final accounts. And notify the property authorities to allocate funds according to the progress of the project.

Article 24? The general purpose of maintenance funds is applicable to the maintenance, renewal and transformation of * * * parts and * * * facilities and equipment of the property, which involves all or part of the owners and occurs temporarily and needs to be completed in a short time.

Article 25? General procedures for the use of maintenance funds, the realty service enterprise shall verify on the spot after receiving the owner's application for repair or finding problems, and prepare a plan for the use of maintenance funds. After the interested owners agree to vote, they shall report to the property administrative department for examination and filing and organize the implementation.

If the realty service enterprise is not selected, the owners' committee or relevant owners shall organize the implementation in accordance with the provisions of these Measures.

Article 26? Emergency use of maintenance funds is suitable for emergency situations that endanger personal safety, house use safety and public safety and need immediate maintenance, renewal and transformation.

Article 27? Emergency maintenance procedures can be initiated under any of the following circumstances:

(a) serious waterproof damage to the roof and external wall in the property management area;

(two) the elevator failure affects the normal use and needs immediate maintenance;

(three) the fire control facilities have serious faults and need immediate maintenance;

(four) the facade decoration and public * * * components are seriously loose;

(5) The glass curtain wall is broken;

(six) the drainage pipeline is seriously blocked or burst;

(seven) the underground garage rainwater flow backward;

(eight) other emergencies that may cause personal safety accidents.

Article 28? In case of emergency maintenance, the realty service enterprise shall report relevant information to the owners' committee, and immediately organize maintenance after on-site inspection and confirmation.

If the realty service enterprise is not hired or the realty service enterprise fails to perform the responsibility of organizing maintenance, the relevant owners shall report the relevant information to the owners' committee for confirmation and then organize maintenance.

Article 29? Maintenance organization units or individuals shall employ units with corresponding capabilities to carry out emergency maintenance project construction, acceptance, final accounts and other work. One or a single emergency use of maintenance funds is relatively large, which shall be audited by the engineering cost consulting agency. Property administrative departments shall, according to the progress of the project, transfer the required maintenance costs to the accounts of relevant units.

Article 30? After the emergency maintenance project cost is allocated, the maintenance organization unit or individual shall publicize the following materials in a prominent position in the community for not less than 5 days.

(a) maintenance, renewal and transformation plan;

(two) the final report of the project;

(three) the project acceptance certificate;

(four) the number of households involved and the inventory and allocation plan;

(five) other materials that the real estate administrative department believes should be publicized in accordance with the regulations.

Article 31? If the relevant owners raise objections in the publicity, they shall negotiate with the organization and maintenance unit to solve them. If negotiation fails, the dissenter may apply to an arbitration institution for arbitration or bring a lawsuit in a people's court according to law.

Article 32? Appraisal and cost consultation fees arising from maintenance, renewal and renovation projects shall be included in the cost of maintenance, renewal and renovation.

The maintenance organization may, according to the contract, keep the quality deposit during the warranty period of the maintenance, renewal and reconstruction project.

Article 33? The municipal and county property departments with districts shall formulate specific application procedures for the planned use, general use and emergency use of maintenance funds, and compile and publish relevant demonstration texts and forms.

Article 34? 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 and renovation costs;

(two) according to the law should be borne by the relevant professional business units of water supply, power supply, gas supply, heating, communications, cable TV, broadband data transmission and other pipelines and facilities and equipment maintenance, maintenance costs;

(three) the maintenance costs of terraces, courtyards and other parts specially planned for a specific house and included in the specific house sales contract as planned when the construction unit sells it;

(four) the identification and repair costs that should be borne by the parties due to man-made damage and other reasons;

(five) according to the realty service contract, the maintenance and maintenance costs that should be borne by the realty service enterprise.

Chapter four? management by supervision

Article 35? The property administrative department shall select commercial banks through public bidding or in accordance with the relevant provisions of the financial department, open a special account for maintenance fund management, and take the indexes of maintaining and increasing the value of funds and efficient management as the basis for selecting professional banks.

Article 36? After the resolution of the owners' meeting, if the owners manage the maintenance funds by themselves, the owners' committee shall meet the corresponding conditions and submit the following materials to the property administrative department:

(1) An application form for self-management of maintenance funds;

(two) the owners agreed to manage the maintenance funds by themselves;

(3) Maintenance fund management plan;

(4) regulations on the management of owners;

(five) other materials that the property administrative department deems necessary.

Article 37? The maintenance fund account shall be settled by transfer, and no cash shall be withdrawn. Maintenance funds used to pay for maintenance, renewal and renovation projects can only be paid into the agreed unit account.

Article 38? Maintenance funds shall establish a publicity and inquiry system, open telephones and websites, accept inquiries from owners about the deposit, use, value-added income and book balance of maintenance funds in public accounts and housing accounts, and accept social complaints and supervision.

Article 39? On the premise of ensuring the normal use of maintenance funds, the property administrative department can use the maintenance funds for fixed-term portfolio deposits and purchase newly issued government bonds in the primary market in accordance with the relevant provisions of the state to ensure the safety and preservation and appreciation of funds.

Article 40? The value-added income of maintenance funds shall be distributed regularly. Part of the income deposited in the current year can be calculated according to the current interest rate of the bank for the same period, and the rest can be calculated according to the benchmark interest rate of one-year time deposit of the bank for the same period.

Article 41? When the house is transferred, the remaining maintenance funds in the house account are automatically transferred with the ownership of the house.

Article 42? If the house is lost, the balance of maintenance funds paid by the owner shall be returned to the corresponding owner according to the property right relationship; The book balance of maintenance funds extracted by the public housing selling unit shall be returned to the selling unit according to the financial affiliation of the selling unit or collected from the state treasury at the same level.

Article 43? The financial management and accounting of maintenance funds shall implement the relevant provisions of the state and provincial finance departments. The financial department shall strengthen the supervision over the financial management of the maintenance fund revenue and expenditure and the implementation of the accounting system.

Article 44? Property administrative departments shall, in accordance with the relevant provisions, conduct regular financial audits on maintenance fund management, make the audit results public, and accept the audit supervision of the audit department according to law.

Article 45? To collect maintenance funds, Shandong financial bills (electronic version) shall be issued under the unified supervision of the provincial finance department.

Article 46? Provincial, district housing and urban construction departments shall, jointly with the financial departments at the same level, strengthen supervision and management of the collection, use and appreciation of maintenance funds, and regularly organize self-inspection, mutual inspection and spot checks on the management of maintenance funds.

Article 47? Units and individuals who maliciously defraud or apply maintenance funds, or because the owners fail to pay or continue to pay maintenance funds in accordance with the regulations, delay the maintenance opportunity and cause losses to the relevant owners, shall compensate the relevant owners for their losses according to law and bear legal responsibilities.

Chapter five? Attached? rule

Article 48? In the residential property management area, other non-residential properties such as garages (including special garages and * * * garage parking spaces) with separate ownership registration according to law shall establish a maintenance fund system in accordance with the provisions of these Measures.

Article 49? Affordable housing in accordance with the provisions of the maintenance fund system. Housing property rights exchange on state-owned land, village reconstruction and resettlement, new rural community housing and non-residential properties sold by non-single owners shall establish a maintenance fund system with reference to the provisions of these measures.

Article 50? In residential areas where the owners' committee has not been established, the community neighborhood committee shall perform the duties of the owners' committee as stipulated in these Measures.

Article 51? All localities should formulate specific implementation measures in accordance with the provisions of these measures and local conditions.

Article 52? These Measures shall come into force on July 2020 1 day, and shall be valid until June 30, 2025.