Changsha City Property And Special Maintenance Fund Management Approach

Original Language Title: 长沙市物业专项维修资金管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387237.shtml

Changsha city property and special maintenance fund management approach

    (1th January 18, 2013, Changsha city people's Government Executive meeting February 28, 2013, Changsha city people's Government, the 124th published come into force on July 1, 2013) Chapter I General provisions

    First in order to strengthen the special maintenance fund of real estate management, safeguard the common parts, common facilities and equipment for normal use, maintenance special maintenance fund the legitimate rights and interests of the owner of the property, according to the State Department, such as the building management Ordinance provides that this municipality actually, these measures are formulated.

    Article on State-owned land within the city property, property of special maintenance funds deposited, use, monitoring and management-related activities governed by this approach.

    Property special maintenance fund mentioned in these measures refers to specially for common parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation of the capital.

    Article III property special maintenance funds management account stores, earmarks, Government oversight, the principles of openness and transparency. Fourth of municipal housing and urban-rural construction administrative departments in charge of special maintenance fund management direction and supervision.

    Municipal property and special maintenance fund management institution (hereinafter authority) in charge of special maintenance funds the day-to-day management of the property.

    Municipal finance, auditing, monitoring and other relevant departments according to their respective responsibilities of special maintenance fund to supervise the management of the property.

    Areas (real estate) departments, neighborhood offices, Township people's Government in accordance with the provisions of the segregation of duties in charge of special maintenance funds related work.

    Chapter II deposit

    Fifth article of the same within the Realty Management area, there are two or more owners of the property, its owner shall be deposited with the property special maintenance funds. Article sixth buyers purchase the pre-sale of property should first before going through the House checking special maintenance special maintenance funds account for depositing funds to the property.

    Special maintenance fund shall not collect property real estate development enterprises.

    Real estate enterprises should at the time of initial registration of housing property unsold commercial housing before first special maintenance special maintenance funds account for depositing funds to the property.

    Build, build houses, home owners should first before going through the initial registration of housing property special maintenance special maintenance funds account for depositing funds to the property.

    Article seventh owner owns property deposited with the building area of the property in accordance with the special maintenance fund, per square meter gross amounts deposited with the first property special maintenance fund, the municipal housing and urban-rural construction administrative departments under the municipal construction and installation cost per square metre of 5% to 8% classification these are identified to the public, and adjust.

    Adjusting standards of initial property deposit of special maintenance fund, should be public consultation and hearing.

    Article eighth deposit of special maintenance funds belonging to all owners of the property.

    Before Nineth owners was established by the General Assembly, special maintenance funds deposited with the property owners, by the regulatory body in escrow. Owners after the establishment of the General Assembly, the owners decided to manage the property of special maintenance fund, managed by the owners ' Committee to apply for transfer of deposited property owners within the Realty Management area special maintenance funds.

    The owners decided to manage the property of special maintenance fund, the General Assembly, continue to escrow by the regulatory body.

    Article tenth management bodies shall be determined in accordance with the relevant provisions of special maintenance funds for commercial banks as the property management of bank accounts, and manage bank accounts opening property special maintenance fund account.

    11th property special maintenance funds should be in Realty Management area set up the General Ledger, set building, in building reconciliation, in House's room set of household accounts.

    Article 12th after the establishment of the General Assembly, decided to manage the property of special maintenance fund, shall convene a general meeting and vote on the following matters:

    (A) special maintenance fund to manage the resolution of the property;

    (B) special maintenance fund of property management systems;

    (C) to identify property and special maintenance fund account management banks, accounting and property management unit responsible for the special maintenance fund account resolution;

    (D) other special maintenance funds and property-related resolutions.

    Matters shall be subject to exclusive parts within the Realty Management area above two-thirds per cent of the total area of the building owners and owners of two-thirds more than the total number of vote.

    Area, where the property (real estate) departments, neighborhood offices, Township people's Governments shall guide the general meeting.

    Owners ' meeting, owners of General Assembly resolutions should be the owners ' Committee and general meeting, held within the Realty Management area in publicity, public notice period of not less than 15th.

    13th decided to manage properties of special maintenance fund, property owners shall special maintenance fund account managing bank accounts. Decided to manage the property of special maintenance fund, the owner shall notify the authority of the Commission.

    To comply with the provisions of article 12th, managing bodies shall, from the date of receipt of the notification in the 30th, will be deposited with the property owners within the Realty Management area special maintenance book balances of funds go to the owners property opened by special maintenance fund account, and hand over information related to accounts, such as the owners ' Committee.

    14th General meeting to manage properties during the special maintenance fund, property management exclusive parts of the region two-thirds per cent of the total area of the building owners and two-thirds more than the total number of owners, owners can apply for a property in escrow management institutions to special maintenance funds.

    15th book system of owner property special maintenance fund balances less than 30% of the initial deposit amount shall be promptly renew.

    Property of special maintenance funds in escrow by a regulatory body, renew the specific management measures for the city housing and urban-rural construction Administrative Department in conjunction with the competent administrative departments of municipal finance.

    Residential special maintenance fund by the owners themselves, continued to make programmes decided by the general meeting.

    16th property special maintenance special maintenance funds of funds into a home date in accordance with the rates set by the State, at the stipulated time for the owners to accrue each year.

    17th management issued by the depositary should be produced by the competent administrative Department of finance private bills.

    Chapter III use

    18th property special maintenance funds should be earmarked for the common parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation may not be diverted to any other use.

    Article 19th property shared parts, common facilities and equipment maintenance and renovation and transformation costs, property owned by the owners concerned in accordance with their respective proportion to their area. Deposited with the property of special maintenance fund, cost-sharing expenses from the owners household accounts.

    Book balance is insufficient to cover the costs of the owner's household, filled by the owners.

    Was not deposited with the property of special maintenance fund, cost-sharing payment from the owners direct.

    20th property of special maintenance funds in escrow from regulatory bodies, in accordance with the following procedure uses the property special maintenance fund:

    (A) owners of property management companies, owners ' committees or relevant according to maintenance and renovation, renovation project use application to authorities;

    (B) to conduct an on-site investigation, clear property range of special maintenance fund expenditures; (C) the property management companies, owners ' committees or owners concerned developing usage scenarios, special maintenance capital expenditures within the exclusive parts of the property two-thirds per cent of the total area of the building owners and the total number of two-thirds per cent of the owners ' consent.

    Program shall include maintenance and renovation and transformation of the specific scope and content, range of estimated costs, expenses and so on;

    (Iv) management should the usage scenarios and the owners vote for publicity, the public notice period of not less than 7th;

    (E) public notice expires without objection or opposition is not established, property management companies, owners ' committees or owners ' organisations to implement programmes;

    (Vi) presided over the property management companies, owners ' committees or relevant industry related materials, apply to the management expenses;

    (G) the authority for examination and approval, in accordance with the project schedule to manage bank accounts transferred property notice of special maintenance funds, bank account management required special maintenance funds transferred to the repair of the property units.

    Article 21st residential special maintenance fund by the owners themselves, in accordance with the following procedure uses the property special maintenance fund:

    (A) the Realty service enterprise or owner usage scenarios, use programmes should include maintenance and renovation and transformation projects, budgets, expenditures range, threatens housing security, emergency and other special maintenance of the temporary use of property funding solutions such as;

    (B) the scheme property exclusive parts within the special maintenance fund paid two-thirds per cent of the total area of the building owners and two-thirds more than the total number of owners consent;

    (C) property management service or the relevant owner organization and implementation programme;

    (D) the Realty service enterprise or related materials pertaining to chaired Committee charged to the owner property special maintenance fund;

    (V) programme Audit Committee according to the consent of the owners, reported to the district building (real estate) departments; construction (real estate) authorities found not to comply with the relevant laws, regulations, rules and usage scenarios, shall be ordered to make corrections;

    (Vi) an owners ' Committee to manage bank accounts transferred property notice of special maintenance fund;

    (VII) special maintenance of the property required to manage bank accounts transferred funds to repair the unit. 22nd to eligible property maintenance and renovation and transformation projects, using the property can take a one-time vote special maintenance funds.

    One-time vote using properties of special maintenance funds shall be subject to exclusive parts two-thirds per cent of the total area of the building owners and the total number of two-thirds per cent of the owners ' consent.

    (A) the same benefits of all the owners within the Realty Management area;
(B) the individual property maintenance and renovation and transformation project costs below 30,000 yuan.

    Use one-time vote property special maintenance fund shall not exceed a period of five years, and terms used shall not exceed the total amount within the Realty Management area property 5% of the total deposit of special maintenance funds.

    Is a one-time vote of property maintenance and renovation and transformation projects within the scope, use the property when the special maintenance fund, does not require the owners to vote again.

    One-time vote property specific measures for special maintenance fund, formulated by the city's Department of housing and urban-rural construction administration separately.

    Article 23rd where any of the following circumstances, need immediately to maintain and update the property, renovation, maintenance costs can be paid directly from the owner property special maintenance fund:

    (A) failures endanger the safety of elevators;

    (B) fire, electricity, water supply, gas supply system dysfunction or part damage to the equipment, such as a major safety hazard or emergency situations;

    (C) local, leaking badly damaged roof, exterior wall waterproofing;

    (D) the building external wall finishes off, burst, endanger the safety of glass curtain wall;

    (E) other emergency that threaten personal safety and home security.

    24th property of special maintenance funds in escrow from regulatory bodies, article 23rd when, in accordance with the following procedure: (A) the property management companies, owners ' committees or owners related to construction (real estate) written application to the competent Department.

    In accordance with the relevant provisions need detection, identification, shall also submit the relevant qualification unit testing and expert opinion in writing;

    (B) areas (real estate) Department of site survey of Hong Kong organizations immediately after receipt of the application;

    (C) the inspection required maintenance, construction (real estate) authorities notified property services companies, owners ' committees or owners ' immediate maintenance, management bodies in accordance with the maintenance costs of the verification 50% transferred to the maintenance unit;

    (D) maintenance projects are completed, construction (real estate) competent authorities should be maintained at the appropriate location within the Realty Management area public 7th and publicity after the expiration of regulatory agencies consider the maintenance fee for balances transferred to repair the unit. 25th residential special maintenance fund by the owners themselves, article 23rd case, Realty service enterprise or owners ' shall be reported to the confirmation by owners Committee part of special maintenance funds allocated in advance. Realty management company or owner shall organize rush repairs.

    Repairs completed, the owners ' Committee shall be maintained in the appropriate location within the Realty Management area public 7th and publicity after the expiration of the maintenance fee for balances transferred to repair the unit. Cases provided for in article 26th 23rd, property management companies, owners ' committees or owners are not complying with the provisions implementing repair and renovation and transformation, area, where the property (real estate), competent authorities or neighborhood offices, Township people's Government may organize.

    After completion of project, area, where the property (real estate) competent authorities or neighborhood offices, Township people's Government works acceptance certificate, repair invoices and other material to the authorities or the owners ' Committee for payment procedures.

    27th property maintenance and renovation and transformation costs of more than 30,000 yuan shall be audited by qualified engineering cost consulting agencies, audit fees include maintenance and renovation and transformation costs.

    Article 28th of the following costs shall not be property specific maintenance capital expenditures:

    (A) that shall be borne by the construction units or units property of the common parts, common facilities and equipment maintenance and renovation and transformation costs

    (B) in accordance with the relevant provisions should be borne by the relevant units of water, electricity, gas, heating, communications, cable TV, pipeline and facility repair and maintenance costs;

    (C) shall be borne by the parties because of man-made damage to the common parts, common facilities and equipment needed to repair costs;

    (D) according to the relevant regulations of the State or property services contract shall be borne by the Realty service enterprise property share parts, common facilities and equipment repair and maintenance costs.

    Article 29th on the premise of ensuring special maintenance funds for normal use of the property, in addition to purchase bonds at the State and shall not be appropriated for other purposes.

    Deposited with the property owners of special maintenance fund to buy bonds should be agreed by the general meeting; establishment of an owners ' meeting shall be subject to exclusive parts two-thirds per cent of the total area of the building owners and the total number of two-thirds more than the owners ' consent.

    Prohibit the use of special maintenance fund to engage in debt buy-backs, entrusting the property business or purchases of Treasury bonds as collateral, mortgage guaranty.

    Article 30th the following benefits should be transferred to the special maintenance fund accumulated property using:

    (A) special maintenance funds for the storage of the property interest;

    (B) use of special maintenance funds for the purchase of the property the value-added benefits of the bond;

    (C) the use of the common parts, common facilities and equipment to operate, proceeds from the owner, but the owner unless otherwise decided by the General Assembly;

    (D) the common facilities after the scrap recycling residuals.

    Supervision and administration of the fourth chapter

    31st when the transfer of ownership, owners should indicate to the assignee property special maintenance funds deposited and balances and proof of valid, the balances in the account system of housing property transfer of special maintenance fund along with home ownership at the same time. Article 32nd loss of housing, household account balance of housing property owners of special maintenance funds.

    Owners can hold lost proof of identity documents, housing materials, to the management authority for personal account cancellation procedures and withdraw the remaining amount.

    33rd property of special maintenance funds in escrow from regulatory agencies, management should regularly publish the following:

    (A) property special maintenance fund deposit, use, value-added benefits and total balances;

    (B) expenses of project, cost and contribution;

    (C) the owner property special maintenance fund in the household account deposit, use, value-added benefits and balances the amount;

    (D) other special maintenance fund use and management of the property.

    Property owners to manage special maintenance fund, announced by the owners ' Committee is responsible for. Article 34th of owners on the management bodies or the owners ' Committee published under this article 33rd disagrees, you can review.

    Authorities or the owners ' Committee shall be from the date of receipt of the application for review within seven business days with a response.

    Owners can contribute to management bodies or query its properties in the household account account management unit special maintenance funds deposited, use, value-added benefits and balance amount.

    35th property of special maintenance funds in escrow by a regulatory body, organ, the supervisory organ shall accept auditing supervision.

    Property special maintenance fund income and expenditure the financial management and accounting system implementation, financial administration, shall accept the supervision of the competent authority.

    Article 36th residential special maintenance fund by the owners themselves, building (real estate) departments, Township people's Governments, neighborhood offices shall strengthen the special maintenance of the property after the transfer funds management, the use of guidance and supervision.

    The fifth chapter legal liability

    37th the regulatory agency violates these rules, any of the following circumstances, the Municipal Department of housing and urban-rural construction administration rectification; directly responsible and other persons directly responsible shall be given administrative sanctions; causes losses to the owners, compensation according to law constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) property special maintenance fund established in accordance with this regulation or not disaggregated owners household account per household;

    (B) property special maintenance funds allocated in accordance with this regulation;

    (C) the use of special maintenance fund to engage in debt buy-backs, entrusting the property business or purchases of Treasury bonds as collateral, mortgage guaranty.

    Article 38th residential special maintenance fund by the owners themselves, owners ' committees and their members violating these rules, any of the following circumstances, the construction of which the property is located (real estate) the competent authority shall order correction within, causing economic losses, the violator shall bear corresponding liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) property special maintenance fund established in accordance with this regulation or not disaggregated owners household account per household;

    (B) use of special maintenance fund to engage in debt buy-backs, entrusting the property business or purchases of Treasury bonds as collateral, mortgage guaranty.

    39th article violates these rules, and misappropriation of property of special maintenance fund, according to law by housing and urban-rural construction Administrative Department of special maintenance funds misappropriated property and give a warning, and may be fined not more than twice times the amount misappropriated constitutes a crime, criminal responsibility shall be investigated according to law.

    Misappropriation of property of special maintenance fund management institutions, in addition to the provisions of the first paragraph out, should also be directly responsible for the charge and other direct liable persons shall be given administrative sanctions.

    Property services companies misappropriated property special maintenance fund in serious cases, in addition to the provisions of the first paragraph out, it shall revoke the certificate.

    40th owner in accordance with this regulation or a general meeting resolution property, renewal of deposit special maintenance fund, or refusing to share costs of maintenance and renovation and transformation, the owners ' Committee or interested parties may initiate litigation to the people's Court.

    41st article violates other provisions of these measures, has provided liability laws, rules and regulations, shall be investigated for legal responsibility according to law.

    The sixth chapter supplementary articles
42nd article this approach by said property total with parts, is refers to according to legal, and regulations and housing sale contract, by owners total of parts, General including based, and bearing wall body, and column, and beam, and floor, and roof and outdoor of wall surface, and Hall, and stairs between, and pump between, and meters between, and pipeline well, and elevator vestibular, and boiler room, and power between, and distribution between, and line points line between, and elevator room, and corridor channel, and front, and within patio, and public balcony, and public terrace and public toilet,.

    This approach by said total with facilities equipment, is refers to according to legal, and regulations and housing sale contract, by owners total of subsidiary facilities equipment, General including elevator, and antenna, and lighting, and fire facilities, and central air conditioning, and security doors, and buildings on told system, and avoidance mine device, and tank, and pump, and boiler, and green, and road, and street, and ditches, and pool, and well, and community fence, and monitoring alarm system, and vehicles access management system, and non-business sex yards garage and public style facilities,.

    Article 43rd have sold public housing, special maintenance fund management of their property in accordance with the relevant provisions of the State.

    44th article in each County (City) property of special maintenance funds deposited, use, monitoring and management-related activities, in accordance with the measures implemented. 45th these measures shall come into force on July 1, 2013.