Provisions of Nanchang Municipality on the Administration of Residential Special Maintenance Funds

Article 1 In order to strengthen the management of residential special maintenance funds, ensure the maintenance and normal use of residential parts and facilities, and safeguard the legitimate rights and interests of owners of residential special maintenance funds, these Provisions are formulated in accordance with the provisions of the Property Law of People's Republic of China (PRC), the Regulations of Jiangxi Province on Property Management and other laws and regulations, and combined with the actual situation of this Municipality. Article 2 The deposit, use, management and supervision of special residential maintenance funds within the administrative area of this Municipality shall abide by the Measures for the Administration of Special Residential Maintenance Funds of the State Council Ministry of Housing and Urban-Rural Development and Ministry of Finance and these Provisions.

The term "residence" as mentioned in these Provisions includes commercial residence, non-residential houses in residential quarters, non-residential houses connected with single residential structures outside residential quarters and after-sale public houses. Third city real estate departments are responsible for the supervision and management of the city's residential special maintenance funds, and their subordinate housing fund management institutions are responsible for daily work.

County and district real estate departments are responsible for the supervision and management of special maintenance funds for residential buildings under their jurisdiction.

Finance, construction, auditing and other departments shall, in accordance with their duties, do a good job in the supervision and management of residential special maintenance funds. Article 4 The owners shall deposit special maintenance funds for houses in accordance with the following provisions:

(a) commercial housing without elevator, the owner shall deposit the first phase of residential special maintenance funds according to 5% of the cost per square meter of residential construction and installation projects;

(2) For commercial housing equipped with elevators, the owner shall deposit the first-phase residential special maintenance fund according to 7% of the cost per square meter of residential construction and installation projects;

(3) For non-residential buildings in residential areas and non-residential buildings connected with single residential structures outside residential areas, the owners shall deposit the first-phase special maintenance fund for residential buildings according to 7% of the cost per square meter of residential construction and installation projects.

The municipal real estate administrative department shall determine and announce the specific deposit standard of the first residential special maintenance fund according to the construction and installation project cost announced by the municipal construction administrative department, and make timely adjustments.

Before the establishment of the owners' congress, the residential special maintenance funds deposited in accordance with the first paragraph of this article shall be managed by the municipal and county real estate departments where the property is located. Fifth sale of public housing, in accordance with the following provisions of the deposit of residential special maintenance funds:

(1) The owner shall deposit the first residential special maintenance fund at 2% of the housing reform cost price;

(two) while the unit from the sale of a one-time extraction of 25% as residential special maintenance funds.

Before the establishment of the owners' congress, the special maintenance funds for public housing were managed by the city and county real estate departments where the property was located. Sixth city and county real estate departments shall, in accordance with the relevant provisions, entrust local commercial banks to open special accounts for residential maintenance funds.

To open a special account for residential maintenance funds, an account shall be set up based on the property management area, and a sub-account shall be set up according to the house number. If the property management area is not demarcated, an account shall be set up with the building as the unit and a sub-account shall be set up according to the house number; Among them, the special account for special maintenance funds for public housing houses is set up according to the selling unit, and accounts are set up separately according to the building, and the special maintenance funds for houses deposited by the owners are set up separately according to the house number. Article 7 After the establishment of the owners' congress, if the owners decide to manage the special maintenance funds for houses by themselves, the special maintenance funds for houses deposited by the owners shall be transferred in accordance with the following provisions:

(1) The owners' congress entrusts a local commercial bank as a special account management bank for residential special maintenance funds within the property management area and opens a special account, which is set up in the property management area as a unit, and a sub-account is set up according to the house number;

(two) the owners' committee shall notify the real estate department in writing;

(III) The municipal and county real estate departments shall, within 10 days from the date of receipt of the notice, notify the special account management bank to transfer the book balance of the residential special maintenance fund deposited by the owners within the property management area to the residential special maintenance fund account opened by the owners' meeting, and hand over the relevant accounts to the owners' committee.

After the transfer of residential special maintenance funds, the owners' congress shall establish a management system for residential special maintenance funds. Article 8 The account of residential special maintenance funds opened by the owners' congress shall be subject to the supervision of the real estate departments of cities and counties (districts), and the relevant commercial banks shall cooperate with it. Ninth residential special maintenance funds need to be handed over to the owners' congress for management and use, in accordance with the following procedures:

(a) the realty service enterprise puts forward the use plan, and if there is no realty service enterprise, the residents' committee shall assist the relevant owners to put forward the use plan, which includes the proposed maintenance project, the cost budget and the scope of expenses, etc.

(two) the use of the program by the exclusive part of the residential special maintenance funds accounted for more than two-thirds of the total construction area and accounted for more than two-thirds of the total number of owners discussed and approved, and publicized in a prominent position in the community.

(three) the realty service enterprise or related industry presided over the use plan and other related materials, and apply to the county (District) real estate department.

(four) the county (District) real estate department shall conduct an audit within 5 working days after receiving the application. County real estate department for examination and approval, to the account management bank issued a notice of transfer of residential special maintenance funds; District real estate administrative departments for examination and approval, the approval materials will be submitted to the municipal real estate administrative departments, the municipal real estate administrative departments in 1 working days to the special account management bank issued a notice of the transfer of residential special maintenance funds.

(five) the special account management bank will allocate the required residential special maintenance funds to the maintenance unit.