Maintenance fund management and use system

1. Before the establishment of the owners' committee, the use of the maintenance fund was proposed by the selling unit or the management unit entrusted by it, and was allocated after being audited by the local real estate administrative department. After the establishment of the owners' committee, the annual use plan of the maintenance fund is proposed by the property management enterprise and implemented after the approval of the owners' committee. When the maintenance fund is insufficient, the local real estate administrative department or the owners' committee will decide to continue to raise funds from the owners according to the proportion of residential construction area occupied by the owners. The specific measures shall be formulated by the municipal and county people's governments.

2. The owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with a single residential building structure shall pay special maintenance funds in accordance with relevant state regulations. Special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes. Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department of the State Council in conjunction with the finance department of the State Council.

3. These Measures are applicable to the management of new commercial housing (including affordable housing, hereinafter referred to as commercial housing) and public housing after the sale of * * * parts and * * * facilities and equipment maintenance funds in towns and industrial and mining areas. The term "public housing" as mentioned in these Measures refers to the public housing sold to individuals in the housing system reform and resettlement.

The term * * * used parts as mentioned in these Measures refers to the main load-bearing structural parts of the house (including foundation, internal and external load-bearing walls, columns, beams, floors and roofs, etc.). ), outdoor walls, hallways, stairwells, corridors, etc. * * * Facilities and equipment refer to residential quarters or single houses.

Legal basis:

property management regulations

Article 53 The owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with the single structure of residential buildings shall pay special maintenance funds in accordance with relevant state regulations. Special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes.

People's Republic of China (PRC) Civil Code

Article 281 The maintenance fund of a building and its ancillary facilities belongs to the owner. With the consent of the owner, it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly.

In case of emergency, if the building and its ancillary facilities need to be repaired, the owners' assembly or the owners' committee may apply for the maintenance funds of the building and its ancillary facilities according to law.