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Use and management of maintenance funds
Maintenance funds shall be used in accordance with the Financial Management Regulations of Property Management Enterprises (No.7 of Caishuizi [1998] of the Ministry of Finance) to be used exclusively for the overhaul, renewal and transformation of residential parts and facilities after the expiration of the warranty period.
Before the establishment of the owners' congress, the use of maintenance funds is proposed by the selling unit or the management unit entrusted by it, and allocated after being audited by the local real estate administrative department. After the establishment of the owners' meeting, the annual use plan of maintenance funds is proposed by the property management enterprise and implemented after being discussed and approved by the owners' meeting.
2. Management of maintenance funds
Maintenance funds belong to escrow funds. Therefore, it is necessary to strengthen the management of maintenance funds. The main points are:
(1) Before the establishment of the owners' meeting, the maintenance funds shall be entrusted by the local real estate administrative department. The specific approach is: commercial housing is sold, and when the owner handles the house ownership certificate, the selling unit will hand over the maintenance funds collected to the local real estate administrative department for escrow; The specific measures for the management of after-sales maintenance funds of public housing (that is, how to transfer them) shall be jointly formulated by the municipal and county financial departments and the real estate administrative departments, and implemented after being reported to the local people's government for approval.
(2) After the establishment of the owners' meeting, with the consent of the owners' meeting, the real estate administrative department may transfer the maintenance funds to the property management enterprise for escrow. The owners' congress or the owners' committee shall regularly inspect and supervise the maintenance funds entrusted by the property management enterprises.
(3) When the property management enterprise changes, the escrow maintenance fund account shall be verified by the owners' meeting and the account transfer formalities shall be handled. The account transfer formalities shall be sent to the local real estate administrative department and the owners' committee for the record within ten days from the date of signature and seal by both parties.
(4) Maintenance funds shall be deposited in special bank accounts for special purposes. Maintenance funds shall bear interest according to regulations from the date of deposit in the special account for maintenance funds. The net income of maintenance funds is transferred to the rolling use and management of maintenance funds. In order to ensure the safety of maintenance funds, when the maintenance funds are idle, it is strictly forbidden to use them for other purposes except purchasing government bonds or other fields stipulated by laws and regulations. Maintenance fund detail households are generally set according to a single set of houses, and houses with elevators should be set according to units. The specific measures shall be formulated by the municipal and county real estate administrative departments.
(5) When the owner transfers the ownership of real estate, the balance of maintenance funds will not be returned, and the ownership of the house will be transferred at the same time.
(6) If the house is lost due to house demolition or other reasons, the maintenance fund escrow unit shall return the book balance of the maintenance fund to the owner according to the proportion paid by the owner.
(7) The real estate administrative departments and financial departments at all levels are responsible for guiding, coordinating and supervising the management and use of maintenance funds.
City and county finance departments and real estate administrative departments shall formulate maintenance fund use plan approval management system, financial account management system, audit supervision system and owner inquiry reconciliation system.
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