Wuhan Residential Special Maintenance Fund Management Method

Original Language Title: 武汉市住宅专项维修资金管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351938.shtml

Wuhan residential special maintenance fund management method

    (February 28, 2011 130th meeting consideration of the people's Government of Wuhan municipality on March 25, 2011, Wuhan municipal people's Government promulgated as of May 1, 2011, No. 216) Chapter I General provisions

    First article to strengthening this city residential special maintenance funds management, guarantees residential total with parts, and total with facilities equipment normal using, maintenance residential special maintenance funds owner of lawful rights and interests of, according to People's Republic of China real right method, and property management Ordinance (State No. 504, makes), and Wuhan property management Ordinance and residential special maintenance funds management approach (construction, and Treasury 165th, makes), legal, and regulations, and regulations of provides, combined this city actual, developed this approach.

Second approach applies within the administrative area of the city housing (including affordable housing, low-rent housing, affordable housing), the sale of public housing residential special maintenance funds deposited, use, management, and supervision.

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

Third House parts in these measures refers to according to the laws, regulations and the sale and purchase contract, by house owners of buildings or within a single residential landlords and owners of non-residential structures connected with it common parts.

    Housing common facilities mentioned in these measures refers to according to the laws, regulations and the sale and purchase contract, by the owners or owners and on non-residential property owners there are subsidiary facilities and equipment.

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

Fifth of municipal administrative departments in charge of the city's residential housing of special maintenance fund guidance and supervision work, day-to-day management is carried out by municipal housing special maintenance fund management institutions.

House houses the administrative departments in charge of the area of special maintenance funds deposited and use management.

    Financial and auditing departments according to their respective responsibilities for residential special maintenance funds of financial supervision and auditing supervision.

    Chapter II deposit

Article sixth the following property development and construction unit and the landlord shall, in accordance with the regulations deposited with the House special maintenance fund:

(A) the dwelling, but all and and other property owners do not have common parts, common facilities and equipment except;

(B) non-residential or residential district residential area outside the single residential and non-residential structure.

    Properties listed in the preceding paragraph belong to the sale of public housing, housing units should be sold in accordance with the regulations deposited with the House special maintenance funds.

Article seventh housing (including residential districts in the non-residential or non-residential structure associated with it, the same below) first phase of the housing deposit of special maintenance funds pursuant to the following provisions:

(A) development and construction unit in accordance with 1.5% of the total construction cost (according to configured elevator 2.5%) deposit;

(B) the purchaser according to the floor area to be property owners deposit per square metre of building area 5% construction cost per square meter of the deposited amount.

    Municipal housing Administrative Department shall, based on the construction cost of construction Administrative Department announced determines, publish the first residential special maintenance funds deposited with specific standards, and adjust.

First to eighth after-sale public housing housing deposit of special maintenance funds pursuant to the following provisions:

(A) the purchaser according to the floor area to be property owners deposit per square meter building area of deposit amount as the cost of housing in the city of 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 out of the House for sale residential special maintenance funds.

Nineth of municipal housing Administrative Department shall, jointly with relevant departments according to the service quality of commercial banks and other factors, determine, residential special maintenance fund, the management of bank accounts, and to the public.

    Residential special maintenance fund account shall be in the city residential special maintenance fund managing bank accounts opened.

Article tenth of commodity housing purchase housing delivery formalities should deposit before the first residential special maintenance fund, deposited when and how buyers and development unit specified in the sales contract.

Of development project construction should be carried out prior to initial registration in accordance with the deposit total residential special maintenance funds.

    Initial registration of unsold housing, development and construction unit should also be owners deposited the first residential special maintenance fund; housing after the sale, the purchaser shall pay the residential development project construction special maintenance funds.

11th after-sale public housing purchasers shall be deposited in the House formalities first residential special maintenance funds or authorize the sale of unit deposited.

    The sale of public housing units shall, from the date of receipt of the sale in the 30th, extracts of special maintenance funds for houses in public housing residential special maintenance fund account.

12th house is not deposited in accordance with this regulation the first residential special maintenance fund, developed the construction unit shall not be delivered to the purchaser of the House.

    The development of construction units, buyers are not deposited in accordance with this regulation the first residential special maintenance fund, housing Administrative Department may handle the housing management authority in the registration.

13th General meeting of owners or the owners before the establishment of the General Assembly has been established but transferred does not require special maintenance funds for houses, residential special maintenance funds by the municipal authority residential special maintenance funds in account management for escrow Bank to open a bank account, the implementation of earmarked.

Open a special maintenance funds for commercial housing accounts, in Realty Management area set for the account, according to housing door set of household accounts; no delineation of the Realty Management area, building to account for the unit, according to housing door set of household accounts.

    Open after-sale public housing residential special maintenance fund special account should be in accordance with the housing units for sale account, according to the set ratio, building; one residential special maintenance funds deposited with the owners, according to housing door number ledgers.

    Article 14th account managing Bank, collecting residential special maintenance funds for the sale of public housing units should be used uniformly printed by the financial Department of special maintenance funds for houses of private bills.

15th meeting of owners after the establishment requires transfer of residential special maintenance funds shall be subject to exclusive parts two-thirds per cent of the total area of the building owners and owners of two-thirds more than the total number of vote, and vote on the following matters:

(A) the residence selection of special maintenance fund managing bank accounts;

(B) residential use of special maintenance funds and account management approach;

(C) determine the owners ' Committee Director for residential special maintenance fund management responsibility for resolution;

(D) emergency maintenance license agreement;

(E) the competent administrative Department of municipal housing need to be determined by the general meeting and housing other matters related to the special maintenance fund.

    Owners, after adoption by the General Assembly resolution on this matter, accounts of the owners ' Committee shall be selected to manage the Bank owners house special maintenance fund account.

16th the owners ' Committee shall in general meeting of the owners transferred within 10 working days from the date of the resolution, to the district administrative authorities to apply for housing residential special maintenance fund transfer procedures, and submitted to the general meeting regarding the matters listed in article 15th resolution proof of bank account and account management.

    Application material complete of, District Housing administrative competent sector should since accepted of day up 10 a days within report city residential special maintenance funds management institutions; city residential special maintenance funds management institutions should since received report of day up 10 a days within notification designed households management bank will the property management regional within of residential special maintenance funds book balance designated turned to owners Assembly residential special maintenance funds designed households, and will about accounts transfer owners Committee.

    Article 17th transfer residential special maintenance fund, the owners ' Committee shall with the Bank and District Housing administrative department signed the second paragraph of the article 28th of emergencies, district administrative departments of the repair and maintenance of housing project residential special maintenance involving the owners of deposited funds cover the cost of the corresponding license agreement. 18th residential special maintenance funds through transfer and settlement accounts may not be cashed.

To pay for maintenance and updating, reconstruction costs for residential construction of special maintenance funds can only be paid to the agreed unit or property services companies accounts; to cover the assessment and supervision costs of residential special maintenance funds can only be paid to the prescribed assessment, the engineer account.

    Bank owners ' committees are not allowed to change, alteration, shall be subject to a general meeting decided that the cancellation of the original bank account and open a new account, and report to the housing administration departments. Article 19th individual residential special maintenance funds in your account balance is insufficient down payment amount shall be deposited in the 30% shall be in accordance with the General Meeting decides to renew plans for immediate renewal of residential special maintenance funds.

    Owners ' meetings has yet to be established, renew the specific measures formulated by the competent departments for municipal housing Municipal Finance Department.

    Chapter III use

20th residential energy use of special maintenance fund, shall follow the easy, open and transparent, the principles of the beneficiary and the burden is shared by the people.

    Owners are not deposited with the House special maintenance fund, owners can management Statute and owners in the rules of procedure of the General Assembly on the joint management of the exercise of the right should be limited.

21st residential maintenance and updating of the common parts, the scope includes:

(A) the waterproof roofing damage, leakage of penthouse;

(B) the building external wall leakage of rain, cause the inner surface of the outer wall to soak;

(C) building cracks in exterior wall decorative layer, or a hollow rates exceed the national values of the corresponding provisions of standards and norms;

(D) building insulation appears worn or fall off, or within the external walls of building insulation caused by poor surface humidity, condensation, Frost, or mildew;

(E) exterior walls and stairwells, public corridor finishing layer of cracked, rust stains, blistering, warping, flaking, pollution;

(F) the Bay Windows in public areas, porch eaves, stair and maintenance of handrails, walls, gates and other damage occurred;

(VII) of damaged doors or screens in public areas;

    (VIII) r common parts in need of repair and renovation and transformation of other circumstances.

22nd housing common facilities maintenance and renovation, the scope includes:

(A) the elevator and the repair or replacement of major components;
(B) lightning do not meet safety requirements;

(C) monitoring facilities, fire-fighting system dysfunction or part of the equipment, parts, damaged;

(D) the floor drain (sewage), equipment failure, serious leaks, corrosion of drainage pipe, sewage pump of corrosion or other damage to the equipment;

(E) damage to water tanks, pumping station of secondary water supply facilities in need of repair and renovation and transformation, but according to law, or except as agreed in the contract shall be borne by the water supply enterprises;

    (F) housing common facilities in need of repair and renovation and transformation of other cases.

23rd residential common parts, common facilities and equipment maintenance and renovation and transformation costs, assessed in accordance with the following provisions:

(A) belongs to all the owners of the common parts, common facilities and equipment, owned by all the owners in accordance with their respective percentage share of the floor space of buildings;

(B) is a single house owners of the common parts, sharing of facilities and equipment, owned by all the owners of the House, according to their respective percentage share of the floor space of buildings;

(C) is a unit within the owners of common parts, common facilities and equipment, owned by the unit owners in accordance with their respective percentage share of the floor space of buildings; is one housing unit owners of the common parts, common facilities and equipment, owned by the owner of the House, according to their respective percentage share of the floor space of buildings;

(D) the adjacent owners site maintenance, owned by adjacent property owners, according to their respective percentage share of the floor space of buildings;

(E) the structure connected with the garage repair, garage shared owners share in their own spaces.

    The owner's personal household accounts in maintenance funds amount to pay required maintenance fees, the difference borne by the owner.

24th residential special maintenance funds transferred before the owners ' management, require the use of special maintenance funds for houses, in accordance with the following procedures shall be followed: (A) the property management service according to the programme of maintenance and renovation, renovation project use.

No property services company, set up an owners ' meeting scheme to the Commission by the employer, establishment of an owners ' meeting scheme proposed by community neighborhood Committee organization owners use programmes should include reasons for using a special maintenance fund, maintenance and renovation and transformation of content such as location, cost and organization;

(B) the owners ' Committee or community neighborhood Committee shall organize exclusive parts within the residential special maintenance capital expenditures in the range two-thirds per cent of the total area of the building owners and owners of two-thirds more than the total number of vote on the scheme, before the vote, the scheme should be to the owners of residential special maintenance capital expenditures within the public, public announcements on 7th;

(C) the scheme is passed, the owners ' Committee or community neighborhood housing the special maintenance fund application form for use of, relevant results and certification by the owner, the use of programme and budget, construction contracts and other materials, housing Administrative Department in charge of the use of the area applied for;

(D) areas with administrative departments 10 working days from the date of the acceptance for review; audited in accordance with the conditions of use, report, residential special maintenance fund management institutions, municipal housing special maintenance fund management body within 3 working days from the date of receipt of the report management accounts transferred residential special maintenance fund notifies the Bank;

(E) Committee of the owners ' Committee or community residents under the use programme implementation maintenance and updating and renovation;

(F) upon acceptance of the works, the owners ' Committee or community neighborhood Committee holds the following documentation to the competent administrative authority for the allocation of housing maintenance and renovation and transformation of the balance of the cost of:

1. maintenance and updating, project acceptance form;

2. repair and renovation and transformation of the budget of the project;

3. invoices for maintenance and updating and renovation;

4. other related materials.

    (G) housing Administrative Department within 10 working days from the date of acceptance of audit; qualified upon examination, report, residential special maintenance fund management institutions, municipal housing special maintenance fund management body within 3 working days after receipt of the report going before the bank transfer account management maintenance and updating, improvement cost balances notices.

25th residential special maintenance funds transfers after the owners ' management, require the use of special maintenance funds for houses, in accordance with the following procedures shall be followed:

(A) the property management service according to the programme of maintenance and renovation, renovation project use;

(B) according to law by the General Assembly through the use of programmes;

(C) owners ' Committee table residential use of special maintenance funds, the use of programme and budget and other related materials areas with administrative departments; Department of housing administration found to be in compliance with the relevant laws, rules and regulations, shall be ordered to make corrections;

(D) the owner in accordance with the Housing Executive departments the scheme implementation maintenance and updating and renovation, and notifies the managing bank accounts transferred residential special maintenance funds required to repair units;

    (E) after completion, the owners ' Committee within the Realty Management area in public acceptance of construction quality of reports and accounts of the cost of maintenance.

    26th to encourage owners Committee or through bidding and construction units of the community resident Committee, the owners ' Committee or community residents can hire professional engineering cost consultation institution and supervision agencies to assess the project budget and the supervision of works, costs associated with residential special maintenance capital expenditures.

    27th shared residential special maintenance fund owners can recommend or hire professionals to participate in maintenance and renovation and transformation of programme development, implementation, acceptance of the project supervision and management.

28th to housing use safety-threatening emergencies needed immediately for residential shared parts, common facilities and equipment maintenance and renovation and transformation, residential special maintenance fund shall, in accordance with the following provisions:

(A) residential special maintenance funds transferred before the owners ' management, the owners ' Committee or community resident Committee in accordance with article 24th of this approach (c) to (g) of the regulations;

(B) residential special maintenance funds transfers after the owners ' management by owners Committee pursuant to article 25th of this approach (c) to (e) of the regulations.

Emergency referred to in the preceding paragraph include:

(A) roof damage causing leakage;

(B) the elevator malfunction endanger personal safety;

(C) the floor off dangerous unilateral facade one-fifth above;

(D) fire-fighting system dysfunction, fire management requires maintenance of fire-fighting equipment and renovation and transformation;

    (E) housing using secure, owners of normal life-threatening emergencies.

29th article residential special maintenance funds designated turned owners Assembly management Qian, occurred emergency situation and endanger public security, property service enterprise or owners Committee not according to provides on residential total with parts, and total with facilities equipment for maintenance and update, and transformation of, location of District Housing administrative competent sector can according to following program organization generation repair, maintenance costs from related owners residential special maintenance funds points households account in the expenditures:

(A) organize relevant departments to identify and issue identification;

(B) by the community resident Committee on engineering matters issued by the relevant certificate;

(C) by a qualified construction units production project budget and project cost consulting agency;

(D) the construction Administrative Department of housing units is carried out;

(E) competent administrative authorities and the owners of housing maintenance works are carried out after the acceptance, the project cost-sharing to the owners concerned, and publication in the area of the property 7th;

(F) residential special maintenance required to manage bank accounts transferred funds to repair units.

    Residential special maintenance funds designated turned owners Assembly management Hou, occurred emergency situation and endanger public security, property service enterprise or owners Committee not according to provides on residential total with parts, and total with facilities equipment for maintenance and update, and transformation of, location of District Housing administrative competent sector can according to emergency maintenance authorized agreement according to Qian paragraph provides of program organization generation repair, maintenance and update, and transformation costs from related owners residential special maintenance funds points households account in the expenditures.

Article 30th the following costs shall not be from residential special maintenance capital expenditures:

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

(B) according to law should be borne by the relevant units of water, electricity, gas, heating, communications, pipelines, and facilities such as cable TV equipment repair and maintenance costs;

(C) shall be borne by the parties due to damaged houses the common parts, sharing of facilities and equipment needed to repair costs;

    (D) according to the Realty service contract, should be borne by the property management service of residential common parts, common facilities and equipment for the repair and maintenance costs.

31st on the premise of ensuring normal residential special maintenance funds, House special maintenance fund in accordance with relevant regulations of the State for the purchase of government bonds.

    Residential special maintenance funds must not be used in repo, principal financial services or will buy Treasuries to mortgage, pledge or other security.

Article 32nd residential special maintenance funds should be transferred to the Revolving Fund:

(A) residential storage interest special maintenance fund;

(B) the value-added benefits of the use of special maintenance funds for houses to buy bonds;

(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.

    Supervision and administration of the fourth chapter

Article 33rd ownership transfer, household balances in the account of the House special maintenance funds for houses with home ownership transfer, the transferee shall take the relevant materials to special accounts management accounts system of Bank renaming procedures.

    When the transfer of ownership, the household for housing residential special maintenance funds in your account balance is insufficient down payment amount shall be deposited in the 30%, the transferee shall, when handling household accounts renamed renew residential special maintenance funds pursuant to the provisions.

Article 34th housing loss, at the time of the cancellation of registration returned home in accordance with the following special maintenance fund:

(A) the account balances in residential special system of housing maintenance funds owners;
(B) public housing units for sale residential special maintenance funds deposited by account balance returned housing units; housing units that do not exist, according to House financial affiliation, collected at the Treasury.

    35th of municipal housing in residential special maintenance special maintenance fund management institutions during the escrow of funds transferred before the owners, owners ' committees in residential special maintenance funds transfers during the general meeting of owners autonomous management after shall be annual and manage bank accounts checked at least 1 House special maintenance fund accounts.

36th account management, residential special maintenance funds, Bank shall periodically to management and owners ' committees send residential special maintenance fund statements.

Residential special maintenance, money managers and owners Committee disagrees with the changes in capital account, review may require the management of bank accounts.

    Manage bank accounts should be established residential special maintenance fund inquiry system, buy, sale of public housing units to their household in order to house special maintenance fund, value-added benefits and balance inquiries.

37th City Housing Authority residential special maintenance special maintenance funds of funds transferred before the owners ' management, owners ' committees in residential special maintenance funds transfers after the owners ' management, should be at least 1 year to the owner, the sale of public housing units published the following:

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

(B) expenses of project, cost and contribution;

(C) the owner, the sale of public housing units in residential special household account maintenance funds deposited, use, value-added benefits and balances the amount;

(D) other residential use and management of special maintenance funds.

    Owner, the sale of public housing units has objections on the release, you can review.

Article 38th residential special maintenance funds transferred in escrow period before the general meeting of management and use, shall accept auditing departments audit and supervision.

    Residential special maintenance funds transfers after the owners ' management, owners voted to residential owners ' committees may hire professional agencies of special maintenance fund management and the use of audit and oversight, audit fees will come from the residential special maintenance capital expenditures.

39th residential special maintenance funds financial management and accounting information should be prepared in accordance with the relevant provisions of the financial sector.

    Financial departments should strengthen the special maintenance funds for houses of financial management and oversight of the implementation of the accounting system.

    40th House of special paper for special maintenance fund purchase, use, storage, management, shall be executed in accordance with the relevant provisions of the financial sector, and accept the supervision of the financial sector.

    41st of municipal housing Administrative Department shall, in conjunction with the municipal finance sector organizations related to housing, sold public housing residential special maintenance funds deposited and check usage, standardization and improvement of residential use of special maintenance funds and management.

    The fifth chapter legal liability

    42nd article of development project construction in violation of these regulations provides for housing delivery to the purchaser, by the Administrative Department of housing rectification; if not corrected, a fine of 5000 Yuan each penalty of more than 30000.

    43rd article violates these rules, misappropriation of housing of special maintenance fund, in accordance with the residential management of special maintenance fund (Ministry of construction, Ministry of finance order 165th) provisions to deal with it.

    44th in violation of House of special bill management provisions for special maintenance fund, in accordance with the financial illegal activities penalties Ordinance (No. 427 Decree of the State Council) be dealt with the relevant provisions.

    45th article designed households management bank violation this approach provides, not to deposit people issued maintenance funds deposit voucher, or not perform funds spending provides program and spending funds of, or found funds spending violation this approach provides and not to city housing administration sector timely report of, city housing administrative competent sector can unilateral canceled and designed households Management Bank of funds escrow agreement, plot serious of, law held designed households Management Bank of legal responsibility.

    The sixth chapter supplementary articles

    46th of municipal housing administrative departments can be based on these measures, formulate implementing rules. 47th article of the measures implemented since the date of May 1, 2011.