Provisions of Civil Code on the Use of Property Maintenance Fund

Legal analysis: the housing maintenance fund can be used for large and medium-sized repairs and renovation projects of the main structure, public parts or public facilities and equipment of the house after the warranty period expires.

The main load-bearing structures of houses include foundation, internal and external load-bearing walls, columns, beams, floors and roofs.

Public parts refer to outdoor walls, hallways, stairwells, corridors, etc.

Public facilities and equipment refer to water supply and drainage pipelines and equipment, distribution cables and equipment, elevators, public lighting, fire-fighting facilities, green spaces, roads, ditches, non-operating parking garages, public cultural and sports facilities and other facilities and equipment owned and used by the owner. The maintenance fund is required to be paid by each owner when going through the household formalities. The purpose of paying the maintenance fund is to maintain the house and the relevant supporting facilities in the community, which is directly linked to the interests of each owner. Paying the house maintenance fund is the related expenses stipulated in the process of commercial housing sales, and the parties concerned should strictly follow the relevant regulations to avoid illegal and criminal acts.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 285 A realty service enterprise or other manager shall accept the entrustment of the owner, manage the buildings and their ancillary facilities within the building division in accordance with the stipulations of the realty service contract in Part III of this Law, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service.

Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Article 286 The owner shall abide by the laws, regulations and management regulations, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.

If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Article 287 The owner has the right to require the construction unit, the realty service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests.