Luoyang City, Special Maintenance Funds For Housing Management

Original Language Title: 洛阳市房屋专项维修资金管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387130.shtml

Luoyang City, special maintenance funds for housing management

    (April 21, 2012 in Luoyang City people's Government 9th Executive session May 2, 2012 to 118th announced since June 1, 2012, the people's Government of Luoyang City) Chapter I General provisions

    First in order to strengthen the management of special maintenance funds for housing, guaranteed housing common parts, common facilities and equipment maintenance and proper use, maintenance special maintenance funds for housing the legitimate rights and interests of the owner, in accordance with the People's Republic of China real right law and the construction engineering quality management regulation, the building management Ordinance, these measures are formulated.

    Article within the administrative area of the city housing, affordable housing, the sale public housing, resettlement and other special maintenance fund (home warranty gold) deposit, use, management, and supervision, these measures shall apply.

    Special maintenance funds for housing in these measures refers to special housing common parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation of the capital.

    Housing repair Fund mentioned in these measures refers to the development of unit deposited, specially for Housing Foundation and the main structure and outdoor works and other parts of the maintenance funds.

    Article sharing area for housing in these measures refers to according to the laws, regulations and the sale and purchase contract, consisting of a single house owners or structure connecting different parts of the building owners, including House foundations, load-bearing structure, roof and outside walls, hallways, stairwells, corridors, etc.

    This approach by said housing total with facilities equipment, is refers to according to legal, and regulations and housing sale contract, by single building housing owners or different floor building owners total of subsidiary facilities equipment, General including total with of Shang water pipeline, and public tank, and pressure pump, and elevator, and public antenna, and power route, and total with lighting, and fire facilities, residential of road, and green, and landscape, and street, and ditches, and pool, and well, and non-business sex yards garage, public style facilities and total with facilities equipment using of housing,.

    Fourth special maintenance funds for housing management account stores, earmarks, owners decision, the principle of supervision by the Government.

    Fifth of municipal or County (City), the jili District real estate administrative departments responsible for the administration of special maintenance funds for housing in guidance and supervision, the establishment of special maintenance funds for housing management bodies, specifically responsible for the routine management of special maintenance funds for housing.

    Finance, audit, and other relevant departments according to their respective duties and supervision and administration of special maintenance funds for housing.

    Chapter II deposit

    The sixth with two units and owners over the following housing shall establish a special maintenance fund for housing.

    (A) housing;

    (B) urban housing resettlement;

    (C) housing;

    (D) after-sale public housing.

    Article seventh commercial housing, urban housing resettlement housing, affordable housing and other houses owned by the owner in accordance with the housing deposit of special maintenance funds for housing with floor space per square meter floor space amounts deposited with the first special maintenance funds for housing for multi-storey houses 45 Yuan per square meter, a small high-rise House 78 Yuan per square meter, high-rise housing 90 yuan per square meter.

    Initial deposit maintenance funding per square meter cost management departments approved every two years according to the 5% revised in construction costs in the last quarter of the year.

    Of development project construction per square meter building area shall be deposited with the housing repair Fund amount of local investment in housing construction (including construction, engineering, decoration engineering, installation, outdoor projects) cost per square metre of 2%.

    Article eighth of selling public housing, deposited with the special maintenance fund for housing in accordance with the following provisions:

    (A) the owner owns property in accordance with the deposit of special maintenance funds for housing with floor space per square meter floor space amounts deposited with the first special maintenance funds for housing for the local cost of housing 2%.

    (B) the housing unit not less than under the multi-storey residential houses for sale 20%, high-rise residential house for sale not less than 30%, lump from the House special maintenance funds for housing.

    Nineth owners deposit special maintenance funds for housing belonging to all owners.

    Housing guarantee deposited by a development project construction in development project construction all metal.

    Derived from the sale of public housing, the housing authority housing units all special maintenance funds belonging to the public housing sale.

    Before the founding of the tenth General meeting, residential, non-residential, have sold public housing, industry and mines, within the housing, housing deposit of special maintenance funds for housing, location of the House special maintenance funds for Housing Authority spokesman said.

    City, County (City), the jili district housing the special maintenance fund management institutions shall entrust a local commercial bank, as a special maintenance funds for housing within their respective administrative areas (housing repair Fund) managing bank accounts, and manage bank accounts opening a special maintenance fund for housing (housing repair Fund) special account.

    Open House special maintenance fund special account shall in Realty Management area set up for account, according to housing door set of household accounts; no delineation of the Realty Management area, set up accounts, in building, House doors, set of household accounts.

    The housing repair Fund of development project construction in building set up accounts.

    Open public housing housing authority special maintenance fund special account should be established pursuant to the sales unit account, according to the set ratio, building, which owners deposit special maintenance funds for housing, according to housing, number of household accounts.

    11th first special maintenance funds deposited in accordance with the following provisions:

    (A) purchase the pre-sale of the owners before the check, the first housing special maintenance special maintenance funds of funds into the housing account.

    (B) real estate development commissioned by the maintenance fund management unit collection, from the date of collection transferred to special maintenance funds for housing units in the 15th. (C) development and construction unit should handle the housing (sales) license when the project should be referred to 30% into the housing repair fund housing repair Fund accounts.

    Remaining 70% at the time of initial registration of housing into the housing repair Fund account.

    (D) the sale of public housing units shall, from the date of receipt of the sale on extraction within the 30th House special maintenance special maintenance funds of funds into the housing account. 12th owner or sale of public housing units is not required deposit exchange, renewal, paying special maintenance funds for housing, housing Administrative Department is not accepting an application for registration.

    Development units not complying with the provisions of warranty gold deposited housing, housing Administrative Department shall not accept applications for registration. After the establishment of the 13th General meeting, agreed by the general meeting, deposited by the owner of the House special maintenance fund managed by the owner of the Realty Management area.

    Special maintenance funds for housing management agencies should be received within 30th General meeting application, inform the management of bank accounts will be deposited with the house owners within the Realty Management area special maintenance book balances of funds go to the owners house special maintenance fund accounts opened, and related accounts to the owners ' Committee.

    Owners open a house special maintenance fund account shall be subject to special maintenance funds for housing management bodies, where. 14th after special maintenance funds transfer account management for housing units, determined by the general meeting.

    Owners of special maintenance funds for housing management system should be established by the General Assembly.

    15th owner's household book House special maintenance fund balances less than 30% of the initial deposit amount shall be promptly renew.

    Setting up an owners ' meeting, continued to make programmes decided by the general meeting.

    Establishment of an owners ' meeting, renew the specific management measures for the area housing the special maintenance fund management institutions.

    Chapter III use

    16th the use of special maintenance funds for housing, shall follow the owner's decision, fast and easy, open and transparent, the principles of the beneficiary and the burden is shared by the people.

    17th water, electricity, gas, heating, communications, professional and business services such as cable TV units, provide services to building owners within the Realty Management area and associated pipelines and facilities, maintenance of equipment, maintenance costs may not be paid from the special maintenance fund.

    Houses the common parts, common facilities for professional business services construction damage or management of corrupted or damaged should be restored in time, costs should be borne by the person responsible for their maintenance.

    18th special maintenance funds for housing programs by city and County (City), the jili District real estate administrative departments in accordance with the relevant provisions.

    19th the following endanger security or seriously affected by using one of the functions, within the region the owners ' Committee or jointly held directly after the housing repair funding applications go through relevant procedures, its maintenance costs are covered by the relevant owners by having honestly assessed the proportion of floor space:

    (A) roof and wall leakage (have agreed otherwise);

    (B) blackouts caused by the fault or leakage;

    (C) lift top, squatting at the end or accidents endangering personal safety, regular inspections and was ordered to stop the ladder when corrective action;

    (D) due to pump failure, water pipe burst causing major water leakage of water or gate valve;

    (E) the building external wall finishes one-fifth over an area at risk of loss;

    (Vi) special drainage due to the collapse, caused by blockage, bursting of dysfunction;

    (VII) fire-fighting system dysfunction, fire services administration requirements for fire-fighting equipment maintenance and renovation and transformation;

    (VIII) security, monitoring facilities fail to run;

    (I) within the Realty Management area of the wall, road, seriously affecting the safety and use of pipe network.

    After the case of the preceding paragraph, does not provide for maintenance and updating, adaptation, city and County (City), the jili district housing the special maintenance fund management organization to repair, maintenance costs, expenditures from the special maintenance funds for housing.

    20th year deposited, or the use of special maintenance funds for housing (housing maintenance payments) by bank deposits carry interest at a rate over the same period, balances for more than a year partly according to the Bank's one-year fixed deposits carry interest at a rate over the same period.

    21st in residential special maintenance fund under the condition of normal use, in accordance with the relevant provisions of the State House special maintenance funds for the purchase of government bonds.

    Prohibition of the use of special maintenance funds for housing in repo, financial services or purchases of Treasury bonds as collateral, mortgage guaranty.

    22nd the following special maintenance funds should be transferred to the housing Revolving Fund:

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

    (B) the value-added benefits of the use of special maintenance funds for housing purchases;

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

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

    The 23rd when the transfer of ownership, owners should indicate to the assignee housing special maintenance funds deposited and balances and proof of valid, balance of the House first should pay for the maintenance of the special maintenance funds for houses more than 30% with home ownership at the same time when the transfer of the funds, less than 30% of the initial deposit amount, the assignee should be first deposited after the standard pay for transfer procedures.

    Supervision and administration of the fourth chapter

    24th housing loss and return of special maintenance funds for housing according to the following provisions:

    (A) housing household owners account balances refund of special maintenance funds for housing;

    (B) public housing housing housing special maintenance fund balance of unit deposited returned housing units; housing units that do not exist, according to House financial affiliation, collected at the Treasury.

    25th of municipal or County (City), the jili district housing the special maintenance fund management institutions, should at least once a year a special maintenance funds for and manage bank accounts check House (housing repair Fund) accounts, and to owners, the owners ' Committee announced, the sale of public housing units and the development of the construction unit maintenance funds for housing (housing maintenance payments) usage and balance. Article 26th auditing departments should strengthen the special maintenance fund for housing (housing maintenance payments) audit.

    Financial departments should strengthen the special maintenance fund for housing (housing repair Fund) monitoring of financial management.

    The fifth chapter legal liability

    27th real estate administrative departments, special maintenance funds for housing authorities, in violation of these rules, any of the following circumstances, the competent authority shall order correction within, the directly responsible person in charge and other direct liable persons, administrative sanctions shall be in accordance with law, suspected of a crime, transferred to judicial organs for criminal liability:

    (A) is not in accordance with the means to set up special maintenance funds for housing special account or not complying with the owners to set up accounts per household;

    (B) is not in accordance with the means allocated money for maintenance;

    (C) the use of special maintenance funds for housing in repo, financial business or buying bonds as collateral, mortgage-backed and other risky finance and investment;

    (Iv) misappropriation, embezzlement of special maintenance funds for housing. 28th article of the rules take effect on June 1, 2012.