Measures of Chongqing Municipality on the Administration of Property Special Maintenance Funds

Chapter I General Provisions Article 1 In order to strengthen the management of special maintenance funds for property, ensure the normal use of property and safeguard the legitimate rights and interests of owners of special maintenance funds for property, these measures are formulated in accordance with the provisions of the Property Law of People's Republic of China (PRC), the Regulations of Chongqing Municipality on Property Management and other laws and regulations, and combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the deposit, use, management and supervision of property special maintenance funds within the administrative area of this Municipality. Article 3 The term "special maintenance funds for property" as mentioned in these Measures refers to the funds earmarked for the maintenance, renewal and transformation of * * * parts and * * * facilities and equipment of the property after the warranty period expires. Article 4 The management of property special maintenance funds shall follow the principles of special account storage, earmarking, owner's decision-making, government supervision, openness and transparency. Fifth city real estate administrative departments responsible for the guidance and supervision of the city's property special maintenance funds.

The administrative departments of real estate of counties (autonomous counties) shall be responsible for the guidance, supervision and management of special maintenance funds for property within their respective administrative areas.

City and county (Autonomous County) finance, planning, construction, price, audit and other relevant administrative departments and the Township People's government and sub-district offices where the property is located shall, according to their respective functions and duties, * * * do a good job in the relevant management of the city's property special maintenance funds. Chapter II Deposited Article 6 Where there are more than two owners of the following properties, special maintenance funds shall be set up:

(1) Commercial housing;

(2) Resettlement houses for urban house demolition;

(3) Affordable housing;

(4) housing reform;

(five) other properties determined by the Municipal People's Government that should establish special maintenance funds for properties. Seventh property special maintenance funds shall be deposited by the owners. Within the scope of the main city of this Municipality, the deposit standard of the first phase of special maintenance funds for property is:

(1) If there is an elevator, it shall be deposited in 80 yuan per square meter of construction area;

(2) If there is no elevator, it shall be deposited in 50 yuan per square meter of construction area.

The deposit standard of the first special maintenance fund for properties outside the main city is determined by the people's governments of all districts and counties (autonomous counties).

The deposit standard of the first special maintenance fund for housing reform in this Municipality shall be implemented in accordance with the relevant provisions of the state and this Municipality. Article 8 When purchasing pre-sold commercial housing, the buyer shall directly deposit the first special property maintenance fund into the special property maintenance fund account opened in accordance with the provisions of these Measures when registering the pre-sale contract.

The development and construction unit shall, before handling the initial registration of houses, deposit the first special maintenance fund of unsold houses into the special maintenance fund account opened in accordance with the provisions of these Measures.

Development and construction units, property service enterprises shall not charge the first phase of special property maintenance funds.

The deposit time of the first special maintenance fund for housing reform in this Municipality shall be implemented according to the relevant provisions of the state and this Municipality. Article 9 The property special maintenance funds deposited by the owners belong to the owners.

The property special maintenance fund deposited by the housing reform unit or extracted from the house payment belongs to the housing reform unit. Tenth before the establishment of the owners' congress, the special maintenance funds deposited by the owners shall be managed by the real estate administrative departments of the counties (autonomous counties) where the property is located. Article 11 The administrative departments of real estate of counties (autonomous counties) shall determine 2-3 commercial banks as special account management banks for property maintenance funds within their respective administrative areas through fair, open and just methods such as bidding.

The special maintenance fund management institution of housing reform housing property shall determine the special account management bank according to the relevant provisions of the state and this Municipality. Twelfth counties (autonomous counties) responsible for the escrow of real estate administrative departments shall open a special property maintenance fund account in the special account management bank. To open a special maintenance fund account for property, an account shall be set up in the property management area as a unit, and the owner's sub-account shall be listed according to the house number; If the property management area is not delineated, an account shall be set up in units of buildings, and the owner's sub-account shall be divided according to the house number.

Housing reform units shall, in accordance with the relevant provisions of the city's housing reform, take the building as the unit and establish the owners' ledger according to the house number.

The real estate administrative departments of counties (autonomous counties) shall establish a special maintenance fund management system and a real-time monitoring platform during the escrow period, establish a real-time reconciliation system with the special account management bank, and accept the supervision and inquiry of the owners and relevant departments. Thirteenth counties (autonomous counties) real estate administrative departments in charge of property special maintenance funds during the escrow period shall use the special bills printed by the municipal finance department, and implement one vote for each household. Article 14 After the establishment of the owners' meeting, if it is decided to manage the special maintenance funds of the property deposited by the owners, the owners' meeting shall be held under the guidance and supervision of the township people's government and sub-district offices where the property is located. The owners' congress shall vote on the following matters:

(a) without the resolution of the district/county (autonomous county) real estate administrative department in charge of escrow property special maintenance funds;

(two) the management system of property special maintenance funds in the property management area;

(three) the draft agreement between the owners' congress and the management unit of the property special maintenance fund account in the property management area;

(four) the resolution to determine the director of the owners' committee as the person in charge of the property special maintenance fund account in the property management area;

(five) other matters related to the resolution of special maintenance funds for property.

The above matters shall be approved by the owners whose exclusive parts account for more than two-thirds of the total construction area and more than two-thirds of the total number of people.

After the convening of the owners' meeting, the owners' committee shall publicize the matters voted by the owners' meeting and the convening of the owners' meeting for more than 5 days in the property management area.