Provisions on the Use of Property Maintenance Fund in Civil Code

Provisions on the use of property maintenance funds are as follows:

1. can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. Obtain the consent of the owner.

2. The public areas of the community, such as elevators and roofs, are particularly prone to obsolescence or even aging. As long as the owner agrees, maintenance funds can be used for maintenance and protection;

3. The so-called "* * * part" refers to the part shared by the owners in a single house or the owners in a single house and the non-residential owners connected with the structure. The so-called "facilities" refers to the ancillary facilities and equipment owned by the residential owner and related non-residential buildings;

4. Obviously, the maintenance fund should be earmarked, and its scope of use is clearly limited, excluding the exclusive part of the community.

The following matters shall be decided by the Owner * * *:

1, formulate and modify the rules of procedure of the owners' meeting;

2. Formulate and modify management regulations;

3. Elect the owners' committee or replace the members of the owners' committee;

4, hiring and dismissing the realty service enterprise or other management personnel;

5, the use of buildings and ancillary facilities maintenance funds;

6, to raise funds for the maintenance of buildings and their ancillary facilities;

7, the renovation of buildings and their ancillary facilities;

8. Change part of the use of * * * or use part of * * to engage in business activities;

9. Other major matters related to the ownership and management right of * * *.

To sum up, the maintenance fund of the building and its ancillary facilities does not belong to the property, but belongs to all owners. The maintenance fund can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. The use of maintenance funds needs to be decided by the owners at the owners' meeting.

Legal basis:

Article 28 1 of the Civil Code of People's Republic of China (PRC)

The maintenance fund of the 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.