Chapter V Property Warranty Funds and Special Maintenance Funds of Hangzhou Property Management Regulations

Forty-eighth sale of property, the construction unit shall, before the initial registration of housing property rights, according to the proportion of 2% of the total cost of property construction and installation, deposit the property warranty fund as a guarantee for the maintenance costs during the property warranty period. The total cost of property construction and installation is based on the final accounts of construction projects; In the initial registration of housing property rights, it is impossible to provide the final report of the project, and the contract cost specified in the housing construction permit issued by the municipal construction administrative department can be used as the base of the prepayment of the property warranty fund, and the final amount can be settled according to the final report of the project.

The principle of "unified deposit, unchanged ownership, earmarking and government supervision" shall be applied to the property warranty fund, and the institution designated by the city and county (city) real estate department (hereinafter referred to as the warranty fund management institution) shall manage it in a unified way.

Article 49 In case of any of the following circumstances during the property warranty period, if the construction unit fails to perform the warranty responsibility or fails to perform the warranty responsibility due to closure, bankruptcy and other reasons, the maintenance expenses shall be charged in the property warranty fund:

(a) identified by professional institutions or relevant quality departments, there are quality problems in housing construction and installation projects;

(two) the competent department of urban and rural planning fails to carry out the construction of supporting facilities in accordance with the approved construction project design plan.

Need to use the property warranty, by the relevant owners or owners' committee to apply, after verification by the warranty management agencies allocated by the owners' committee to organize maintenance.

Fiftieth property warranty deposit storage period is eight years. Interest shall be settled once a year during the storage period. The part deposited, used or returned in the current year bears interest at the bank deposit rate of the same period, and the rest bears interest at the bank time deposit rate of not less than one year.

During the storage period of the property warranty fund, if the construction unit cannot continue to perform the warranty responsibility due to cancellation, liquidation and other reasons, it may apply to the relevant non-natural person shareholders to continue to perform the warranty responsibility, and change the principal and interest of the original property warranty fund deposited to the name of the non-natural person shareholders.

After the expiration of the storage period of the property warranty fund, the maintenance fund management institution shall return the balance of the principal and interest of the property warranty fund to the construction unit. If the construction unit does not exist due to closure, bankruptcy or other circumstances and fails to go through the formalities mentioned in the preceding paragraph, the warranty fund management institution shall publicize it for 30 days. If there is no objection at the expiration of the publicity period, the balance of the principal and interest of the property warranty fund will be transferred to the property special maintenance fund in the same property management area.

Article 51 The principle of "payment by the owners, unified storage, accounting in different buildings, account establishment to households" and "decision by the owners, earmarking and government supervision" shall be applied to the special maintenance funds of the property, which shall be managed by the institutions designated by the municipal and county (city) people's governments (hereinafter referred to as the maintenance fund management institutions) and used exclusively for the maintenance, renewal and transformation of the property after the expiration of the warranty period.

Property special maintenance funds shall establish an annual announcement and daily inquiry system, and accept the supervision of the owners and the real estate and financial departments.

Fifty-second special maintenance funds for the first phase of the property shall be collected and remitted by the construction unit. The construction unit shall, before the initial registration of the house property right, deposit it uniformly with the maintenance fund management institution according to the total construction area of the property and the deposit standard. When the property is delivered for use, the construction unit shall charge the owner according to the exclusive part of the construction area and the equivalent deposit standard, and the rest of the first special maintenance fund for the property shall be borne by the construction unit.

The total construction area of the property mentioned in the preceding paragraph shall be subject to the surveying and mapping results provided by units with legal surveying and mapping qualifications; The margin standard mentioned in the preceding paragraph is 5% to 8% of the average project cost per square meter of housing construction and installation projects. The specific standards shall be determined by the real estate administrative department in conjunction with the financial department at the same level according to the local conditions and the type of housing structure, and shall be announced after the approval of the people's government of the city or county (city).

Article 53 When the balance of principal and interest of special property maintenance funds is lower than 30% of the initial deposit amount, the maintenance fund management institution shall promptly notify the owners' committee of the corresponding property management area to organize the renewal. Specific matters such as the renewal method and the renewal amount shall be agreed in the management statute of the property management area or decided by the owners' meeting.

Article 54 The deposit of special maintenance funds for property shall bear interest once a year. The part deposited or used in the current year bears interest at the bank deposit rate of the same period, and the rest bears interest at the bank time deposit rate of not less than one year.

The balance of the price difference of special property maintenance funds shall be set up in the corresponding property management area according to the principle of revenue sharing, and used as a whole for emergency maintenance of * * * parts and * * * facilities and equipment.

Fifty-fifth the use of special property maintenance funds shall be handled in accordance with the following procedures:

(a) the realty service enterprise puts forward the maintenance content, construction unit, project budget and fund application amount and other related matters;

(two) the owners' committee shall solicit the opinions of the owners after reviewing the maintenance contents, the construction unit, the project budget scheme and the amount of funds applied, and publicize the above matters in the property management area;

(3) With the consent of the owners whose exclusive parts account for more than two-thirds of the total construction area and whose number accounts for more than two-thirds of the total number of people within the scope of maintenance funds, the realty service enterprise shall apply to the maintenance fund management institution with the application form, the project budget plan and the owner's consultation form confirmed by the owners' committee;

(four) after verification, the maintenance fund management institution allocates 50% to 70% of the maintenance costs;

(5) After the completion of the project, the realty service enterprise shall apply to the maintenance fund management institution for allocating the balance of maintenance expenses with the audit report issued by a specialized agency with legal qualifications, the construction contract signed and reviewed by the owners' committee, the invoices for project funds and audit fees, and the acceptance certificate of the owners' committee. If the final settlement amount of the project is less than 1 10,000 yuan, it may be exempted from auditing with the consent of the owners' committee.

If the final accounts of the project exceed 20% of the budgeted amount or 10000 yuan, the excess part shall be re-declared according to the use procedure.

Fifty-sixth elevators, fire facilities and equipment seriously damaged, endangering public safety, with the written consent of the owners' committee, you can apply for the use of special property maintenance funds in accordance with the following simple procedures:

(a) the realty service enterprise shall submit the maintenance report of the elevator or fire control facilities and equipment approved by the owners' committee to the quality supervision department or fire control department of the district or county (city) where it is located;

(two) the quality supervision or fire department shall confirm the contents of the project maintenance, the project budget, the construction unit and other matters in writing. The realty service enterprise shall publicize the confirmed contents in the realty management area for a period of not less than five days;

(three) the realty service enterprise to quality supervision or fire department's confirmation, project budget, written consent of the owners' committee and other information, to the maintenance fund management institutions to apply for special property maintenance funds;

(four) after the audit, the maintenance fund management institution shall allocate 50% to 70% of the maintenance expenses;

(five) after the completion of the project, the property service enterprise holds the rectification certificate issued by the quality supervision department or the fire department, and the audited project final report, etc. , and apply to the maintenance fund management institution to allocate the balance of maintenance expenses;

(six) the owners' committee shall make an announcement to all owners within one month after the appropriation and use of special maintenance funds for property.

Article 57 With the consent of the owners whose exclusive parts account for more than two-thirds of the total construction area and whose number accounts for more than two-thirds of the total number of people in the property management area, the owners can independently manage the property special maintenance funds, and the owners' congress authorizes the owners' committee to be responsible for the daily management of the property special maintenance funds.

The independent management of the property special maintenance funds shall be handled in accordance with the following procedures:

(1) The owners' committee shall draft an implementation plan for independent management of special maintenance funds for property, which shall specify the storage bank of special maintenance funds for property, the interest-bearing method, the channel and amount of management fees, the use process, the inquiry and announcement plan of principal and interest balance, etc. ;

(2) Convene a meeting of the owners' congress and vote on the implementation plan. The meeting of the owners' congress shall invite representatives from the subdistrict offices, township (town) people's governments and community residents' committees to attend. The implementation plan shall obtain the consent of the owners whose exclusive area accounts for more than two-thirds of the total construction area and whose number accounts for more than two-thirds of the total number of property management areas;

(three) the owners' committee will report the implementation plan, the details of the owners' voting opinions and the decisions of the owners' congress and other relevant information to the maintenance fund management institution;

(four) maintenance fund management institutions to verify the application materials, implementation plan, the details of the owners' voting opinions and the decisions of the owners' congress in the relevant property management areas, the publicity period is not less than thirty days. If the application materials contain false information, the maintenance fund management institution shall not handle the fund transfer procedures.

Fifty-eighth no unit or individual may use the property warranty fund and special maintenance funds for loans, guarantees or engage in any business activities.