Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387228.shtml
Huainan city property and special maintenance fund management approach (February 1, 2013, Huainan city, 15th session of the Standing Committee of the people's Government of the 2nd review by February 4, 2013 135th Huainan city people's Government promulgated as of April 1, 2013) first in order to strengthen the special maintenance of the property fund management, guarantees the common parts, common facilities and equipment maintenance and proper use and maintenance special maintenance fund the legitimate rights and interests of all of the property, in accordance with the People's Republic of China real right law and property management regulations, and the
Anhui Province, special maintenance funds of the interim measures for the administration of the property and other laws and regulations, combined with the city's actual, these measures are formulated.
Second this approach applies to the municipal district (including Mao JI experimental area) properties in the context of special maintenance fund (hereinafter referred to as maintenance funds) depositary, the management, use and supervision.
This article referred to the common parts of the property, refers to the main structural parts of the premises (including infrastructure, internal and external load bearing walls, columns, beams, floors, roofs, etc), outdoor walls, hallways, stairwells, Elevator, pump rooms, corridors and overhead on the ground layer.
This approach by said property total with facilities equipment, is refers to property management regional within construction costs has sharing into housing sales price of total with Shang water pipeline, and downspouts, and tank, and pressure pump, and elevator, and antenna, and lighting, and boiler, and fire facilities, and street, and green, and road, and Canal, and pool, and Lake, and well, and open square, and non-business sex yards garage, and public style devices and places and using of housing,.
Fourth of municipal real estate administrative departments responsible for the supervision and guidance of maintenance funds management, city maintenance money management firm that is in charge of its daily administration.
Municipal Housing Department is responsible for the maintenance of the public housing sale of unit deposited funds management.
Municipal finance, audit, and other relevant departments shall, in accordance with their respective responsibilities, oversight of maintenance funding.
Fifth maintenance funds management, implementation of store accounts, earmarking, landlord decisions, the principle of supervision by the Government. Article sixth owners of residential and non-residential properties, shall be deposited with the maintenance fund in accordance with this regulation.
But with other properties belong to one owner and not the common parts, common facilities and residents built their own homes except in accordance with law.
Article seventh maintenance funds for the first time, deposited by the owner in accordance with the following criteria:
(A) residential property, not according to the purchase total 1% ratio with an elevator deposited; according to the purchase total 2% ratio with an elevator to deposit;
(B) non-residential properties (including units for personal use, rental properties), in accordance with the purchase amount or similar commercial housing sales price in the same period the proportion of 1% deposit;
(C) the buyer in accordance with the purchase of public housing 2% the proportion of the total deposit, housing units in accordance with the proportion of high-rise residential house for sale 30% deposit, the proportion of multi-storey residential houses 20% deposit.
Article eighth maintenance funds for the first time, by the owner at the time of registration of real estate ownership, real estate administrative departments to deposit; units for personal use, rental properties, the construction unit at the time of registration of real estate ownership, real estate administrative departments, to deposit.
Violation of the provisions of the preceding paragraph, owners, construction was not deposited with the maintenance funds for the first time, real estate administrative departments shall not handle registration of property ownership.
Nineth owner maintenance funds are deposited by the owner for all unit maintenance funds deposited by employer-owned, housing deposit or extracted from the sale of maintenance funds are all housing units.
Tenth of municipal real estate administrative departments charged when funds are issued by the depositary should be produced by the provincial financial Department special notes for maintenance funds.
11th the owners household maintenance funds within the account balance is lower than that of the first deposit amount of 30%, the owners should continue to raise maintenance funds in a timely manner. Owners of owners ' Committee elected by the General Assembly, continued to raise the standard of maintenance funds and programmes prepared by the owners ' Committee, submitted to the General Meeting decided and implemented by the owners ' Committee.
Agreed by the general meeting, or Commission property service enterprises.
Establishment of the owners ' Committee, continued to raise maintenance funds by the property services company or property area neighborhood organization.
12th City real estate administrative departments of commercial banks should be selected through public bidding, a maintenance fund management accounts.
Owners of maintenance funds deposited by the municipal real estate administrative departments in maintenance funds in Realty Management area set up for the account in the account, and set the account according to the building, according to family.
Maintenance funds shall be deposited in special accounts from the date of accounting to the home, and settlement to the home.
13th General meeting after the establishment of owners ' Committee should be to the city maintenance money management firm where the query is deposited within the Realty Management area maintenance fund list of owners and in the amount and within the Realty Management area in publicity.
Owners who have not deposited money for maintenance, the owners ' Committee shall supervise the deposited; overdue deposit, you can bring a lawsuit. 14th and transfer of property, shall indicate to the assignee maintenance funds deposited and balances and proof of effective owners, the maintenance of the household account balance transfer of property ownership and transfers of funds.
The original owners who have not deposited money for maintenance, the assignee in full after the deposit, with maintenance funds private bills can be property transfer formalities.
Transfer of property, the outstanding maintenance funds, real estate administrative departments shall not handle conveyancing procedures.
15th due to relocation, or for other reasons of loss, city maintenance money management firm owners to deposit funds for maintaining balance should be returned to the owners, when owners handle the balance paid shall submit relevant certificates of property loss. 16th premise of maintenance in the proper use of funds, real estate administrative departments in accordance with relevant regulations of the State, buying market debt in managing bank accounts and time deposits.
Value of purchased bonds and term deposits, excluding Municipal Finance Department authorized management costs should be incorporated into the maintenance fund, special account, in use within the Realty Management area and manpower.
17th maintenance funds, shall follow the procedure, convenient and efficient, open and transparent, the beneficiary and the principle of burden is shared by the people.
18th maintenance funds used includes the common parts of the property maintenance property communal facilities equipment maintenance and renovation projects.
19th property management of the costs, in accordance with the following provisions, from the maintenance capital expenditures:
(A) property in the warranty and the cost of repair quality problem occurs within the warranty period, shall be borne by the development and construction of the unit or units according to law;
(B) within the Realty Management area belongs to the public, environmental sanitation, green, water, gas, heating, electricity, communication, radio, television and other specialized departments responsible for the management of urban roads, public water supply, sanitation, public green spaces, urban water supply, gas supply, heating, electricity, telecommunications, television and other related lines and facilities, maintenance of equipment, maintenance costs, borne by the authorities according to law;
(C) the common parts, common facilities and equipment is damaged, its maintenance, renovation costs borne by the responsible person;
(D) the common parts, common facilities operation, maintenance costs, including the daily green conservation, water tank cleaning, septic tank desilting, dredging pipes, by private property owners of enterprises from the deposited property service fee expenses.
20th the common parts, common facilities and equipment warranty period, in accordance with the construction quality management Ordinance, the housing construction project quality guarantee measures and the relevant provisions of administrative measures on sales of commercial property, the minimum warranty period is:
(A) infrastructure projects, building foundations and structural engineering, for the reasonable life of the project design document;
(B) roof waterproofing, waterproofing requirements of bathrooms, roof and exterior wall anti-leakage for 5 years;
(C) heating and cooling system, 2 heating, cooling period;
(D) the electrical lines, water supply and drainage piping, equipment installation and decoration works for 2 years;
(V) the warranty period in accordance with the development of other projects the project owner and the user agreement.
21st maintenance funds, subject to the following conditions:
(A) the common parts, common facilities the warranty period expires; (B) maintenance funds deposited in full, property maintenance renovation project use range.
Some owners had deposited, some property owners are not deposited, but the maintenance funds have been using shared standards and maintenance fund assessment, maintenance, deposit funds account;
(C) the use within the exclusive parts of buildings with a total area more than 2/3 and 2/3 more than the total number of the owners ' consent.
22nd maintenance funds assessed, who benefited and who should follow the principle of burden-sharing.
Roof common parts to owners according to the contract, such as a separate use, repair and renovation and transformation costs borne by the beneficiary owners; no such agreement, by the owners of each layer of the roof under the asylum-related according to their respective area in proportion to property ownership.
Total roof or a total leakage of the wall, by the relevant owners can apply for direct access to relevant maintenance funds deposited with the owners.
Article 23rd renovation of property maintenance costs, in accordance with the following provisions of Liechtenstein:
(A) for common facilities repair renovation within the Realty Management area, an area of by all the owners in accordance with all of its properties in proportion to, and from the owners of maintenance funds deposited in Liechtenstein;
(B) for whole building common parts, common facilities and equipment maintenance renewal, which blocks all the owners of the property in accordance with an area of all of its property in proportion to and deposited with the building owner's maintenance capital expenditures;
(C) used within an element common parts, common facilities and equipment maintenance renewal, by the unit of all the owners in accordance with all of its properties in proportion to their area, and to deposit from the unit owner's maintenance capital expenditures;
(D) the adjacent owners site maintenance, run by adjacent property owners in an area of all of its property in proportion to, and to deposit from the adjacent owner maintenance capital expenditures.
24th the common parts, common facilities repair renovation when unsold property, the construction unit shall apportion maintenance costs of unsold properties.
25th property common parts, common facilities repair renovation involving public housing for sale, first extract from the public housing sale of maintenance capital expenditures; shortfall by purchasing the beneficial owners in accordance with their respective public housing area in proportion to property ownership.
Article 26th residential single detached property of property rights in paying special maintenance funds for common facilities repair renovation.
27th maintenance funds used, in accordance with the following procedures shall be followed: (A) programme development. Owners ' committees and property management service or property area residents Committee (hereinafter referred to as maintenance funds using the applicant), pursuant to the common parts, common facilities and equipment and the owners prepared schemes.
Usage scenarios include: the project title, project budget, scope of application, construction unit selection, construction management, project approval and the accounts and so on; (B) a vote.
Scheme shall be subject to exclusive parts within the scope of maintenance capital expenditures related to buildings with a total area more than 2/3 and 2/3 more than the total number of owners agree, sign and programmes the owners vote to confirm schedules and results of the vote within the Realty Management area in publicity; (C) the audit.
Maintenance fund scheme the applicant, project budget breakdown, resolutions of the general meeting or the owners ' signature on paper and other materials, with application to city maintenance money management firm, with its on-site investigations, audits.
Maintenance funds using an applicant shall be outstanding maintenance funds for the Organization of owners or maintenance fund account balance is insufficient maintenance of share owners pay the cost of maintenance funds and deposit maintenance funds account; (D) the project implementation.
City maintenance money management firm for examination and approval, and maintenance funds using the applicant may, on their own or commissioned by bidding or other open, fair and impartial manner the selected construction units, organization and implementation.
City maintenance money managers based on the usage scenarios and construction contract, 30% of budget funding allocated to the construction units of account; (E) acceptance.
After completion, construction unit maintenance funds using the applicant organization, supervisor, owner representatives, staff and other relevant units of the city maintenance money management to carry out the inspection and sign the completion report, acceptance before they can deliver. Elevators and other special equipment safety technical performance and quality, after passing the self-test by the construction unit, used by the maintenance fund applicants applying to the acceptance inspection of the statutory supervision and inspection bodies.
Failed to pass the examination shall not be used; (Vi) accounts for sharing.
Maintenance item after acceptance, city maintenance money management firm, in conjunction with maintenance funds using the applicant, based on accounts of the construction unit's engineering project accounts, accounts of amounts in the project shall carry out audits on the accounts of more than 50,000 yuan, based on the audit report on the accounts as valid credentials of allocated project funds.
Budget of the project approval, maintenance schedule of funding applicants will be the budget of the project cost-sharing and project completion report and maintenance of project implementation status, completion time within the Realty Management area in publicity.
Publicity after the accounting costs does not exceed budgeted amounts or within the scope of the project, repair, maintenance, funding applicants to money managers for the settlement procedures and submit the budget of the project cost-sharing statement of accounts for the Bill of materials, cost-shared public certificates, project accounting books, invoices, and project completion report.
City maintenance money management firm for review, will project balance transferred to the construction unit of account, and in accordance with the statement of assessed reduction from the owner's personal account.
Article 28th of the following emergency, you can use the maintenance fund:
(A) the elevator system of the facilities and equipment involved in security breaches, testing by the legal rectification notice issued by the Agency;
(B) the decorative surface of the external walls of building falling, peeling problems, certified by the statutory housing quality inspection agencies;
(C) the floor, staircases pedal fracture and a public terrace, sun deck, loosening of the escalator, the handrail, railing damaged at risk of loss;
(D) fire-fighting system of the facilities and equipment involved in security breaches or failure rectification notice issued by the fire services;
(E) the common parts, common facilities and equipment hazard or could harm public safety concerns such as security, public interests and the legitimate rights and interests of others, must be removed immediately.
29th article has this approach 28th article provides case one of, need immediately on property total with parts, and total with facilities equipment for maintenance update transformation of, by maintenance funds using applicants proposed engineering emergency using programme, and by property location subdistrict offices issued proved or by about statutory institutions issued test detection results, and identification conclusion, reported city maintenance funds management institutions, by its site exploration and audit record Hou, advance allocated repair funds. Repair and renovation works of emergency programmes should be at the main entrances and prominent position within the building zone for public notification and retained public images.
End of maintenance, maintenance capital expenditures within the relevant owners over 2/3 agreed acceptance, or municipal maintenance money management firm site survey and audit, maintenance costs incurred within the scope of maintenance-related owners to maintain their capital accounts expenditures and public announcements, public notice period of 7th.
30th emergency repair costs of more than 50,000 yuan of project maintenance funds on maintenance costs by using the applicant shall review or entrust a specialized intermediary institution to audit the maintenance costs, based on the audit report on the accounts as valid documents of allocated project funds.
31st costs using maintenance funds should be transferred to the repair and renovation works contract construction units of account, shall not be cashed.
32nd of municipal real estate administrative departments shall, in accordance with the building area in the common parts, common facilities repair and renovation works demand, establish a qualified audit, supervision, evaluation and maintenance of intermediary institutions, such as libraries, for owners ' committees and the relevant owners or their authorized unit selection.
Agency representation, in accordance with national standard expenses.
Article 33rd maintenance funds using the applicant shall provide the veracity of effectiveness, legality, responsible for concealing facts or providing falsified materials, shall bear the corresponding legal responsibility.
34th article violates these rules, misappropriated the maintenance funding by the municipal real estate administration authority shall be subject to punishment.
35th City real estate, maintenance, administrative departments and the money management firm, supervising and administrating the maintenance funds, favoritism, abuse their powers, neglect their duties, on the liable persons shall be given administrative sanctions.
Article 36th maintenance funds of deposit of Fengtai County, use, management and supervision, in accordance with the measures implemented. 37th article of the rules take effect on April 1, 2013.
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