Chongqing Property Special Maintenance Fund Management Approach

Original Language Title: 重庆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/201108/20110800346586.shtml

Chongqing property special maintenance fund management approach

    (December 27, 2010 90th meeting of the people's Government of Chongqing considered January 5, 2011 by Chongqing Municipal People's Government promulgated as of March 1, 2011, No. 244) Chapter I General provisions

    First in order to strengthen the special maintenance of the property fund management to ensure normal use of the property, maintenance special maintenance fund the legitimate rights and interests of the owner of the property, according to the People's Republic of China real right law, the Chongqing property management regulations and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city property of special maintenance funds deposited, use, management, and supervision, these measures shall apply.

    Article III property special maintenance funds in these measures refers to specific property total parts and shared facilities and equipment after expiration of the warranty repair, renovation and transformation of the capital.

    Article properties of special maintenance funds management account storage, earmarks, owner of decision-making, government regulation and the principles of openness and transparency.

    Fifth City real estate administrative departments in charge of the city's properties of special maintenance fund guidance and supervision.

    District (County) within the administrative authorities responsible for the administration of real estate property of special maintenance fund guidance and supervision and management.

    City and district (County) finance, planning, audit, construction, price and other related administrative departments and property where Township people's Governments and neighborhood offices in accordance with their respective responsibilities, common good management of property in the city of special maintenance funds.

    Chapter II deposit

    Article sixth with two units above the following property owner property special maintenance funds should be established:

    (A) housing;

    (B) urban housing resettlement;

    (C) housing;

    (D) housing;

    (E) established by the municipal people's Government shall establish a property special maintenance funds for other properties. Article VII special maintenance funds shall be deposited by the owner of the property.

    Within the main urban area of the city, the first property of special maintenance funds deposited with the standard for:

    (A) there is an elevator, per square metre of floor area 80 deposit;

    (B) no elevator, per square metre of floor area of 50 Yuan deposit.

    First property outside the main city of special maintenance funds deposited with the standard, by the County (County) shall determine.

    The city's housing first properties of special maintenance funds deposited with the standards in accordance with national and municipal regulations.

    Article eighth purchase pre-sale, buyer shall at the time of registration for pre-sale housing contract will be the first property special maintenance funds directly deposited in accordance with this regulation to open properties of special maintenance funds account.

    Development and construction unit should not handle the housing prior to initial registration of homes for sale first property of special maintenance funds deposited in accordance with this regulation to open properties of special maintenance funds account.

    Development construction and property service enterprises shall not collect the first property special maintenance funds.

    The city's housing first properties of special maintenance funds deposited by the State and municipal regulations.

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

    Housing deposit or extracted from the sale of special maintenance fund housing units owned the property.

    Tenth meeting of owners before the establishment of special maintenance funds deposited with the property owner by property location County (County) escrow real estate administrative departments.

    11th district (County) bidding shall be adopted by the Administrative Department of the real estate fair, open and impartial manner identify 2-3 banks, as the property within the administrative area of special maintenance fund managing bank accounts.

    Special maintenance fund housing property management agencies by country and city with provisions for managing bank accounts. 12th section is responsible for the administration of district (County) real estate administrative departments should manage the bank account opening property special maintenance fund account.

    Opening property special maintenance fund account shall be in Realty Management area set for the account, broken down by House door, the owners household account; no delineation of the Realty Management area, in building located accounts, broken down by House door, the owners household accounts.

    Housing units, housing, should be in accordance with the relevant provisions, to block as a unit, established by the House door, the owners household accounts.

    District (County) real estate administrative departments shall establish a property during the escrow period special maintenance fund management systems and real-time monitoring platform and management accounts bank reconciliation system in real time, and accept supervision by the owners and the relevant departments, and query.

    13th district (County) real estate administrative departments during special maintenance of the property in escrow funds should be used, printed in the financial sector-specific instruments, one family, one vote. Article 14th after the establishment of the General Assembly, decided to manage special maintenance funds deposited by the owner of the property, should the property where Township people's Government, under the supervision and guidance of the subdistrict office convene owners ' meetings.

    Owners should vote on the following matters:

    (A) not by the district (County) property in escrow real estate administrative departments of special maintenance fund resolution;

    (B) special maintenance funds within the Realty Management area property management system;

    (C) a general meeting with the special maintenance fund accounts within the Realty Management area property management unit of the draft agreement;

    (D) to identify property owners within the Realty Management Area Committee Director responsible for the special maintenance fund account resolution;

    (E) other property-special maintenance funds matters relating to resolution.

    Above shall be subject to exclusive parts 2/3 per cent of the total area of the building owners and the total number of 2/3 more than the owners ' consent.

    Owners ' general meeting, the owners ' Committee shall vote on the owners ' meeting and general meeting, held within the Realty Management area in publicity more than 5th. 15th owners decide to management, owners should be property management property special maintenance fund account management, where the regional bank to open an account.

    The owners ' Committee shall hold a general meeting of owners in accordance with the approach adopted in article 14th effective resolution and public information note to the district (County) real estate administrative departments written application for the special maintenance funds transfers of property procedures.

    Meet this approach 14th article provides of, district (autonomous) real estate administrative competent sector should since received owners Committee written application of day up 30th within, and designed households management bank in owners representative and township government, and subdistrict offices of supervision Xia check book balance correct Hou, notification designed households management bank will the property management regional owners make save of property special maintenance funds book balance designated turned to owners Assembly property special maintenance funds designed households, and will about accounts, information transfer owners Committee.

    16th property special maintenance fund transfer tube, owners ' committees and special account management banks, property location street or township people's Government signed license agreement, agreed with Township people's Governments or sub-district offices provided for in article 28th of this approach threatens housing security emergencies, such as the right to organize, and maintenance costs from the owners ' property transferred in the account system of special maintenance funds.

    During the 17th property management, exclusive parts accounting for 2/3 per cent of the total area of the building owners and 2/3 more than the total number of owners, owners can apply for the district (County) property in escrow real estate administrative departments back special maintenance funds.

    During the 18th property management, owners or the owners ' Committee is dissolved, before its dissolution in the locations of the properties the Township people's Government, the property under the guidance and supervision of the subdistrict office of special maintenance fund liquidation and balance of funds transferred property located district (County) escrow real estate administrative departments.

    19th owner property special maintenance fund balance below the 30% of the initial deposit amount, special maintenance fund management entities shall inform the owner of the property continued to pay in a timely manner.

    By the district (County) escrow real estate administrative departments, the owner shall, in accordance with the first property of special maintenance funds deposited with standards and renew it.

    Managed by the owners themselves, continued to make programmes should be clear in the management rules.

    Housing first properties special maintenance funds used or remaining insufficient maintenance, updating, modification, housing units shall be notified to the owner in accordance with this article or the provisions of the third paragraph continued.

    Chapter III use Article 20th property specific use of special maintenance fund terms and conditions according to the Realty service contract agreement.

    Property services of unknown is not stipulated in the contract or the agreement, real estate administrative departments, together with the municipal price guidelines established by the Administrative Department shall prevail.

    Cost property from the following special maintenance capital expenditures:

    (A) according to the Realty service contract, by property services companies out of property service charges total number of property sites, there are facilities and equipment maintenance costs;

    (B) according to law should be developed by the project owner of the property There are parts, common facilities and equipment maintenance, renovation and transformation expenses;

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

    (D) that shall be borne by the relevant units of water, electricity, gas, heating, communications, maintenance of pipeline facilities such as cable TV, the cost of maintenance.

    21st special maintenance fund of property in accordance with the following provisions:

    (A) exclusive part repair, renovation and transformation costs borne by exclusive part owners;

    (B) partial total partial expenses for the maintenance, updating, modification, made by the owners of part of the total of the percentage of floor space allocation;

    (C) the fee for maintenance, renovation and transformation of all the common parts from all of the owners in proportion to their area;

    (D) the House is not sold, developed the construction unit shall not sell in proportion to total area covers the parts, common facilities and equipment maintenance, renovation and transformation costs. Housing of the common parts, common facilities and equipment maintenance, upgrades, renovation costs start from the House in the first phase of the special maintenance fund expenditures.
Short part borne by the owners in accordance with the provisions of the first paragraph of this article.

    22nd need to use properties of special maintenance fund, programmes should be developed.

    Scheme should include the following:

    (A) the need to repair, replace and improve the scope and content of;

    (B) the maintenance, renovation and transformation programmes and projects;

    (C) the cost and schedule plans;

    (D) other property relating to the use of special maintenance funds.

    23rd special maintenance fund scheme by the owners of the property Committee, within the Realty Management area in publicity over 5th and exclusive parts need maintenance, renovation and transformation of all parts, common facilities and equipment involved in 2/3 per cent of the total area of the building owner and in need of repair, replace and improve the total parts, common facilities and equipment involved in the total number of 2/3 per cent of the owners ' consent.

    Establishment of the owners ' Committee or the owners ' Committee is not up to special maintenance fund scheme, property management service or the employer's representative may also make use of programme and the locations of the properties Township people's Government, under the supervision and guidance of the subdistrict office in accordance with the provisions of the preceding paragraph public notification and consent. Maintenance, upgrading and renovation of construction company owners ' Committee determined, property management companies, or the employer's representative, and publicity within the Realty Management area 3rd.

    If there are more than exclusive parts in need of repair, renovation and transformation of a total parts, common facilities and equipment involved in 1/3 per cent of the total area of the building owner and in need of repair, replace and improve the total parts, common facilities and equipment involved in the 1/3 more than the total number of the objection shall be determined by tender.

    Article 24th Liechtenstein property special maintenance fund, shall submit the following materials:

    (A) property special maintenance fund programme;

    (B) signed with construction engineering (maintenance) contracts;

    (C) of the common parts, common facilities and equipment owners with a total relationship inventory and exclusive parts of buildings in a total area of 2/3 more than 2/3 of the total documentation of more than the owners ' consent;

    (D) the public description of the contents, publicity or the locations of the properties of the owners ' Committee was not established sub-district offices, Township people's Government written material;

    (V) management of bank accounts, and account name;

    (Vi) other related material. 25th district (County) real estate administrative departments during the escrow, the locations of the properties district (County) real estate administrative departments shall on receipt of the owners ' Committee, property management companies or owner's Representative submitted within 7 working days after the application for review.

    Approval, district (County) real estate administrative departments should from property special maintenance fund special account by progress in the transfer of property special maintenance funds. Property management property of special maintenance funds required after Liechtenstein, the owners ' Committee shall transfer the property before the special maintenance fund reported the locations of the properties of materials specified in article 24th of this approach District (County) real estate administrative departments.

    Real estate administrative departments shall, within 7 working days proof of filing and found not to meet the requirements of laws and regulations should be made in writing shall be ordered to correct views. Need housing down payment property of special maintenance fund, housing property and special maintenance fund management institutions shall receive housing units within 7 working days after the application for review.

    Agreed by the audit, housing property management should from property special maintenance special maintenance funds funds account by progress in the transfer of property special maintenance funds.

    26th special maintenance funds can only be transferred to the construction of the property (maintenance) contract construction units of account. Property special maintenance fund transfer shall be made by telegraphic transfer, mail transfer or cheque clearing shall not be cashed, you may not use other instruments or settlement voucher.

    But the provisions of article 28th of this approach when it needed urgent repair and maintenance, renovation and transformation requirements of less than 2000 Yuan, you can withdraw cash.

    27th after completion of the maintenance, upgrading and renovation, property owners, property management companies, or the employer's representative, the Committee should accept and the following material in 5th of publicity over the Realty Management area and archive:

    (A) construction project settlement report of the unit;

    (B) maintenance costs, Bill;

    (C) schedule of maintenance cost-sharing;

    (Iv) other relevant information.

    Maintenance, upgrades, renovation expenses exceed the approved budget amount over 20% or exceeds the amount of more than 10,000 yuan, the excess shall, in accordance with the procedure as provided herein declared.

    Article 28th of the following security-threatening emergency, immediately on the property There are parts, common facilities and equipment maintenance, renovation and transformation:

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

    (B) blackouts caused by the fault or leakage;

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

    (D) water pipe jam, equipment such as water leakage;

    (E) floor, staircases pedal breaking public escalator handrails such as balcony, terrace, loose, damaged;

    (F) the building façade finishing off dangerous;

    (VII) endanger the safety of failure of the elevator;

    (H) fire-fighting facilities dysfunction;

    (I) safety monitoring facilities fail, can run;

    (J) other property there and the total facility equipment hazard or possible threat to public safety and public interests and the legitimate rights and interests of others.

    29th district (County) real estate administrative departments in escrow when it occurred during the 28th article, owners ' committees and property management service or the relevant owner shall immediately report the property where Township people's Governments and neighborhood offices, property issued by the local township people's Government, the subdistrict office proof, to the district (County) Administrative Department of real estate property special maintenance funds allocated by written application in advance.

    District (County) of real estate administrative departments shall, within 24 hours after receiving a written request transfer of funds, apply for funding agencies should immediately repair. Article 30th property management, article 28th of the situation, the owners ' Committee or Realty management company shall immediately report the locations of the properties the Township people's Government, the subdistrict office.

    Property where Township people's Government, under the supervision and guidance of the subdistrict office, owners ' Committee shall immediately repair and transfer funds.

    31st article 28th of situations, owners ' committees or the property management service is not required to implement repair, property where Township people's Governments and neighborhood offices shall organize, repair costs from property special maintenance fund accounts in Liechtenstein.

    Article 32nd after the repair is completed, related expenses shall be in accordance with the provisions of paragraph one of this article 27th publicity.

    Supervision and administration of the fourth chapter

    33rd property in escrow is responsible for special maintenance funds of district (County) real estate administrative departments, is responsible for managing housing properties of special maintenance funds Agency and is responsible for the management of property owners of special maintenance Fund Committee (hereinafter referred to as the special maintenance of the property funds management) opening property special maintenance fund account, may be obtained from the management of bank accounts for any benefits.

    Manage bank accounts should be self-disciplined and against unfair marketing.

    34th district (County) escrow real estate administrative departments during special maintenance fund in the year of property deposited or parts in accordance with bank deposits carry interest at a rate over the same period; the rest on one-year bank deposits carry interest at a rate over the same period.

    Property special maintenance funds on the deposit interest rate for one year of a knot, counted in the household account owners on a regular basis.

    35th district (County) property in escrow real estate administrative departments of special maintenance special maintenance funds for funding the work requirements in the property value-added benefits would be covered by, and special maintenance fund separate accounts and property.

    Article 36th on the premise of ensuring special maintenance funds for normal use of the property, in accordance with the relevant regulations of the State in the inter-bank bond market new issues of government bonds or bank counter primary market and held to maturity.

    Deposited with the property owners of special maintenance fund to buy bonds shall be subject to exclusive parts 2/3 per cent of the total area of the building owners and the total number of 2/3 per cent of the owners ' consent.

    Prohibit the use of special maintenance funds for the property repo, financial business and other risky financing or investment, and there will be no purchases of Treasury bonds as collateral, mortgage guaranty.

    37th the following special maintenance funds of funds should be transferred to the property:

    (A) the junction property store special maintenance fund interest paid to the owner;

    (B) net income from property appreciation of special maintenance fund;

    (C) income from property of the common parts, common facilities and equipment operation, there are facilities and equipment, scrap recycling residuals after, but the owner unless otherwise decided by the General Assembly;

    (D) the owners ' Committee or owners ' voluntary mobilization of funds deposited;

    (E) other funds transferred in accordance with the regulations.

    Article 38th when the transfer of ownership of property, description property to the assignee should be special maintenance funds deposited and balance and provide the property and special maintenance fund management institutions to provide valid proof of owners, the property of the household account balances in special maintenance funds as property ownership transfer.

    The assignor shall assist the transferee with the special maintenance fund account transfer procedures.

    39th article of property loss, shall be deposited with the property owners special maintenance fund balance is returned to the owners.

    After the partial transfer of property loss or property owners of less than two, shall be deposited with the property owners special maintenance fund balance is returned to the owners, and the cancellation formalities.

    Housing deposit or extracted from the sale of special maintenance fund balances of property, shall return the housing units.
40th property special maintenance fund management institutions should be at least once a year and manage bank accounts to check a property special maintenance fund accounts.

    Property special maintenance fund management agency disagrees with the change of the capital account, you can request review management of bank accounts.

    Property special maintenance special maintenance fund of funds management body shall establish a property query system, accept the owners of property in their household accounts special maintenance fund, value-added benefits and balance inquiries.

    41st property special maintenance fund management institutions should be regularly every year was to be announced 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 funds on deposit in deposit, use, value-added benefits and balances the amount;

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

    Owners reported disagrees, you can review.

    42nd property of special paper for special maintenance fund purchase, use, storage, management, and should be in accordance with the relevant provisions of the financial Department of the Treasury and the city, and accept the supervision of the financial sector. Article 43rd property of special maintenance funds financial management and accounting shall implement the relevant provisions of the financial sector.

    Municipal finance departments should strengthen the special maintenance fund of property income and expenditure the financial management and supervision of the implementation of the accounting system.

    44th audit based on relevant laws and regulations on property of special maintenance fund management and the use of audit and supervision.

    The fifth chapter legal liability

    45th district (County) real estate administrative departments, housing the special maintenance fund management institution in contravention of this regulation, any of the following circumstances, the municipal real estate administrative departments a rectification; directly responsible and other persons directly responsible shall be given administrative sanctions; causes losses to the owners, compensation according to law; a suspected crime, transferred to judicial organs for criminal liability:

    (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 property special maintenance funds for repo, entrusting business or buying Treasury bonds as collateral, mortgage-backed and other risky financial or investment;

    (D) violation of these measures provides any benefits obtained from the management of bank accounts;

    (E) property of misappropriation, embezzlement of special maintenance funds.

    Article 46th property management, owners ' committees and their members in violation of any of the following circumstances as provided herein, the property is located district (County) real estate administrative departments a rectification; has illegally obtained, confiscation of illegal earnings, causing economic losses, the violator shall bear corresponding liability; a suspected crime, transferred to judicial organs for criminal liability:

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

    (B) violation of these measures provides any benefits obtained from the management of bank accounts;

    (C) the use of property special maintenance funds for repo, financial business and other risky financial or investment or purchases of Treasury bonds as collateral, mortgage guaranty, such as;

    (D) the property of misappropriation, embezzlement of special maintenance funds.

    47th Township people's Governments and neighborhood offices or other relevant competent administrative departments and their staff in violation of the rules cannot perform related duties, dereliction of duty, abuse of power, favoritism, and by his employer, parent or a supervisory authority shall order rectification are serious, the supervisor directly responsible and other persons directly responsible shall be given administrative sanctions; a suspected crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    48th of development project construction in accordance with this approach under article eighth special maintenance of deposited property funds or not according to article 21st share maintenance, renovation and transformation costs, district (County) real estate administrative departments a rectification; fails, fined not more than 5000 Yuan more than 10000. 49th article violates these rules, property of misappropriation, embezzlement of special maintenance fund, by the employer or the employer's representative to report to the relevant departments of the Commission or the Court, misappropriated or seize property of special maintenance funds according to law.

    District (County) real estate administrative departments should be diverted, stolen property of special maintenance funds in a warning, confiscate the illegal income, and may be fined not more than twice the amount of misappropriation, embezzlement; a suspected crime, transferred to the judicial organs shall investigate the direct responsibility of managers and other persons of criminal responsibility.

    Property services property special maintenance fund in serious cases of misappropriation, embezzlement, except as specified in the first paragraph shall be punished, a certificate of qualification issued by the Department shall revoke the certificate.

    Development construction property special maintenance fund in serious cases of misappropriation, embezzlement, in addition to the provisions of the first paragraph out, construction administrative departments in the real estate development business credit archives misappropriation, embezzlement shall be recorded.

    50th owners ' Assembly and the right to violate these measures, refusing to deposit or special maintenance funds continued to raise property owners deposit the requested deadline; late still not deposited, may bring a lawsuit.

    51st article violates property of special bill management provisions for special maintenance fund, in accordance with the financial illegal activities penalties and regulations and measures of Chongqing municipality for Administration of financial instruments, such as provision of accountability.

    The sixth chapter supplementary articles

    52nd before the implementation of these measures, development unit or property services companies have collected property special maintenance fund and bank deposit interest rates, should these measures within three months from the effective date of the transfer of property located district (County) of real estate administrative departments. 53rd before the implementation of these measures, no deposit down payment property of special maintenance fund, the relevant owner shall, within three months from the date of implementation of this approach in accordance with the standard deposit to the locations of the properties district (County) in real estate bank accounts published by the Administrative Department.

    Overdue, the housing of the common parts, common facilities and equipment maintenance, renovation and transformation requirements, by the relevant owners.

    54th special maintenance fund the first phase of the property deposited with the standards needed to adjust, by city, price, real estate administrative departments administrative departments and municipal urban construction administrative departments to adjust, submitted to the municipal people's Government to the public after the implementation.

    Non-agriculture, 55th article of the housing property management and use of special maintenance fund in accordance with the measures implemented.

    56th of property in these measures total site refers to according to the laws, regulations and the sale and purchase contract, consists of all the owners within the Realty Management area or part owners of sites, and generally include: property of the Foundation, bearing wall, column, beam, floor, roof and outdoor walls, hallways, stairwells, corridors, etc.

    This approach by said total facilities equipment, is refers to according to legal, and regulations and housing sale contract, by property management regional within all owners or part owners total of subsidiary facilities equipment, General including: Elevator, and antenna, and lighting, and fire facilities, and anti-mine facilities, and green, and road, and street, and ditches, and pool, and well, and tube, and public style facilities and total facilities equipment using of housing,. 57th these measures shall come into force on March 1, 2011.