Who should be responsible for misappropriating housing management funds

On June 15, a press conference on the interpretation of Hainan Special Economic Zone Property Management Regulations (hereinafter referred to as Regulations) was held in Haikou. Relevant responsible persons such as the Housing and Urban-Rural Development Department of Hainan Province and the Legal Affairs Committee of the Standing Committee of Hainan Provincial People's Congress made a comprehensive interpretation of this.

According to reports, the "Regulations" consists of seven chapters and 81 articles, focusing on solving key and difficult problems in property management, mainly including difficulties in establishing owners' meetings, supervising owners' committees, improving the quality of property services, and depositing and using special maintenance funds for houses. Focusing on the difficulties and pain points, the "Regulations" have made targeted innovations and improvements in strengthening party building guidance and government supervision, standardizing the operation of owners' congresses and owners' committees, improving the quality of property services, safeguarding the legitimate rights and interests of owners, standardizing the use and maintenance of properties, and clarifying the legal responsibilities of illegal property management.

In view of the difficulty in establishing the owners' meeting, the "Regulations" clarify that, first, the threshold for establishing the first owners' meeting is lowered, and if the property management area meets one of two situations: "the area of the exclusive part of the house has been sold and delivered to the owners has reached more than half of the total construction area" or "the first house has been sold and delivered for two years", the first owners' meeting can be held to elect the owners' committee. The second is to increase the voting form of the owners' meeting. On the premise of confirming the identity of the owner, solicit the opinions of the owner through SMS, WeChat and email. It is regarded as a written request for advice. The third is to establish an information service platform for owners' decision-making, requiring the property management department of the people's government at or above the county level to gradually establish an information service platform for owners, owners' committees and owners' congresses to use freely, so as to solve the decision-making matters of owners, especially owners' congresses, by means of informationization.

In view of the problems existing in the operation of the owners' committee, such as unclear rights boundary, irregular operation, and unequal rights and responsibilities, the regulations regulate the following aspects: First, the owners' committee's obligation of announcement and publicity is clarified, and the owners' committee should announce some information about the owners' operation and income, the use of special housing maintenance funds, expenses and other expenses to the owners every year to protect the owners' right to know and supervise. The second is to establish a filing system for owners' committees. The owners' committee shall, within 30 days from the date of election, submit the list of members and related materials, voting results and resolutions of the owners' congress to the local neighborhood offices and Township People's governments for the record. The third is to stipulate that the members of the owners' committee prohibit sexual behavior, and at the same time stipulate the legal responsibility of the members of the owners' committee to misappropriate or occupy part of the owners' income. The fourth is to establish an economic responsibility audit system. Upon the decision of the owners' meeting, the economic responsibility audit can be carried out on the term and departure of the chairman of the owners' Committee. The fifth is to clarify the procedures for the general election of the owners' Committee. If the general election is not held after the expiration of the term of office of the owners' committee, the property management department of the local people's government at the county level shall set up a general election team, convene a meeting of the owners' assembly and re-elect the owners' committee.

The "Regulations" clarify the maintenance and management responsibilities of professional operating facilities and equipment in the property management area. First, it is stipulated that professional business units such as water supply, power supply and gas supply should charge the end users the use fees. Where a professional business unit entrusts a realty service enterprise to collect and remit, it shall sign an agreement, and shall not force the realty service enterprise to collect and remit the related expenses free of charge, and shall not stop providing services to the end users because the realty service enterprise refuses to collect and remit the related expenses. The second is to further standardize the deposit and use management of residential special maintenance funds, make it clear that properties that have not been sold at the time of first registration of real estate will be deposited by the construction unit at one time and collected from the owners when they are sold, and stipulate the general use procedures and seven specific situations for emergency use of residential special maintenance funds.

In addition, the "Regulations" have correspondingly increased and improved the punishment contents of various management regulations, and further clarified the legal responsibilities of the parties involved in illegal acts such as construction units, property service providers and owners' committees. Property service providers or members of the owners' committee who misappropriate or occupy part of the owners' income in violation of regulations shall be ordered to return part of the owners' income that has been misappropriated or occupied, given a warning, confiscate the illegal income, and impose a fine of less than twice the amount of the misappropriated or occupied part; 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. In violation of the provisions of the "Regulations", the property service person refuses to withdraw from the property management area and refuses to handle the transfer procedures, and shall be ordered to withdraw and transfer within a time limit; Failing to withdraw or transfer within the time limit, a fine shall be imposed according to the number of days overdue; Constitute a public security administration punishment, shall be punished by the public security organs in accordance with the "People's Republic of China (PRC) Public Security Administration Punishment Law".

Legal basis:

Regulations on Property Management in Hainan Special Economic Zone Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners, property users and property service enterprises, and improve the living and working environment, these regulations are formulated in accordance with the Property Law of People's Republic of China (PRC), the Regulations on Property Management of the State Council and other laws and regulations, combined with the actual situation of this special economic zone.