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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

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Excellencies for the management of funds for special maintenance in the city

(Summit of 27 December 2010 at the 90th ordinary meeting of the Government of the People's Republic of the Great Socialist Republic of 27 December 2010 to consider the adoption of the Ordinance No. 244 of 5 January 2011, of the Order of the Government of the People of the Republic of China, which was launched effective 1 March 2011)

Chapter I General

Article 1, in order to enhance the management of special maintenance funds in the material industry, to guarantee the normal use of the material industry, to preserve the legitimate rights and interests of all those who have dedicated maintenance funds, to develop this approach in line with the provisions of the laws and regulations such as the People's Republic of China Act on Property Rights, the Ordinance on the Management of the Reuters.

Article 2

Article 3. Specific maintenance funds are referred to in this approach to the provision for maintenance, updating and rehabilitation of specialized equipment after the expiry of the maintenance, renovation and rehabilitation period of the maintenance of the unitary and shared facilities.

Article IV governs the management of special maintenance funds in the material sector, with exclusive storage, specialization, ownership decision-making, government regulation, public transparency.

Article 5

The territorial administration authorities of the District (Autonomous Region) are responsible for the guidance and supervision of the specialized maintenance funds in the present administration.

The relevant administrative authorities, such as city and district (Autonomous Region) finance, planning, construction, prices, auditing, and the Government of the people of the town where the property industry is located, the street offices are co-ordinated with the management of the funds earmarked for maintenance in the present city.

Chapter II

The following industries with more than two owners should establish dedicated maintenance funds for the material industry:

(i) Commodities;

(ii) Removal of homes in cities;

(iii) affordable housing;

(iv) Removal of houses;

(v) The Government of the city determines the need to establish other components of special maintenance funds.

Article 7. Specific maintenance funds shall be deposited by the owner. Within the context of the main urban areas, the first-processary maintenance funding is the deposit criterion:

(i) The ladder was deposited with the amount of $80 per square m2;

(ii) There is no ladder, which is deposited at $50 per square mile.

The deposit criteria for special maintenance funds in the first part of the main urban area are determined by the Government of the people of the districts (Autonomous Regions).

The deposit criteria for special maintenance funds for the first part of the housing sector are implemented in accordance with the relevant provisions of the State and the city.

Article 8. The purchase of pre-disposed commodity premises shall be made directly into the exclusive maintenance funds established by this approach when the purchaser is registered in the case of a contract for the sale of homes.

The development of construction units shall be subject to specific maintenance funds for the first-professional operation of the no-sale house prior to the initial registration of the house, which shall be made available to the specialized maintenance funds established under this scheme.

The development of construction units, goods and services enterprises shall not receive dedicated maintenance funds for the first-time industry.

The period of deposit of special maintenance funds for the first part of the housing sector is implemented in accordance with the relevant provisions of the State and the city.

Article 9

The specific maintenance funds deposited by the Housing Removal Unit or extracted from the sale of property are owned by the housing units.

Article 10 Prior to the establishment of the General Assembly, the specialized maintenance funds deposited by the owner are administered by the territorial administrative authorities in the area of the material industry (Autonomous Region).

The territorial administration authorities of the District (Autonomous Region) shall determine, in a fair, open and fair manner, 2, 3 commercial banks, such as tenders, as exclusive management banks for special maintenance funds in the present administrative area.

The management of dedicated maintenance funds in the housing sector shall determine the exclusive management bank in accordance with the relevant provisions of the State and the city.

Article 12 The specific maintenance funds for the opening industry should be charged by the area of property management, with a breakdown of the owners' accounts by the house's gates; the area of unregistered property management, with a unit accounted for by the home wards.

The housing units should be based on the relevant provisions of the housing housing sector, with the establishment of a homeowner's accounts in accordance with the home gate.

The territorial administration authorities of the District (Autonomous Region) should establish a dedicated maintenance fund management system and a real-time monitoring platform during the run-up period, with the establishment of a real-time system of accounts with the exclusive administration banks, to receive supervision and access from the owners and relevant sectors.

The special maintenance funds for the property industry were collected during the escrow of the territorial property administration of the District (Autonomous Region) and a single household vote should be used to harmonize the specialized instruments produced by the municipal financial sector.

Following the establishment of the General Assembly of the owners of the industry, it was decided that special maintenance funds were administered by the owners of the industry, which should be held under the guidance of the People's Government of the Towns and the Street Office. The Conference shall vote on the following matters:

(i) No resolution on special maintenance funds by the territorial administration authorities of the District (Autonomous Region);

(ii) The management of specialized maintenance funds management systems in the region;

(iii) Draft agreement between the General Assembly and the General Conference on the management of accounts for special maintenance funds in the area of operation management of goods;

(iv) To identify the resolution of the Director of the Commission as the responsible account for the special maintenance of the goods industry in the region;

(v) Other matters related to specific maintenance funds in the material industry.

The above matter should be agreed with the owner of the total area of buildings of more than 2/3 and above.

After the convening of the Conference, the Commission shall vote on matters taken by the General Assembly of the Principality of Employment and on the occasion of the Conference of the Entrepreneurs of the Industrial Development Board, which shall present more than 5 days in the area of the management of the material industry.

Article 15. The owners decide to administer themselves, and the General Assembly shall open the exclusive bank of the exclusive maintenance funds for the property industry at the regional location. The Commission shall be in possession of an effective resolution adopted by the General Assembly in accordance with article 14 of this approach and an indication of the written application of special maintenance funds to the territorial administrative authorities of the District (Autonomous Region) for the processing of maintenance funds.

In accordance with article 14 of this approach, the territorial administration authorities of the District (Autonomous Region) shall, within 30 days of the receipt of written requests from the Committee of the owners, transfer the balance of the royalties with the exclusive executive branch to the specialized maintenance funds of the General Assembly and transfer the information relating to the accounts to the owners' committees.

Article 16, when the specialized maintenance funds of the transgender industry are administered, the Main Committee shall enter into a delegation of authority agreement with the exclusive administration banks, the street offices in the area of the property industry or the commune government, agree with the right of the Government of the town or the street office to organize the renovations in the event of emergencies that endanger the housing security, as set out in article 28 of this scheme, and the maintenance costs are transferred from the funds earmarked for the maintenance of the owners of the industry.

During the management of the owner, the General Assembly may apply for the regeneration of special maintenance funds by the territorial administration authorities of the District (Autonomous Region) for the regeneration of the property sector, with the consent of the owners of the total area of the buildings of more than 2/3 and above.

During their own management, the owners of the industry or the owners' committees were disbanded, and the property administration authorities of the property administration of the property of the property in the area where the property was transferred was transferred to the territorial district (Autonomous Region) where the property was transferred.

Article 19 balances of special maintenance funds for the owners of the industry are less than 30 per cent of the first period of deposit, and specialized maintenance funds management units should be informed by the owners of the industry on a timely basis.

The owner shall continue to deal with the deposit criteria and modalities for the special maintenance funds for the first-professional industry, in accordance with the rules and modalities of the territorial administrative authorities of the District (Autonomous Region).

Under the self-managed management of the owner, the programme should be clear in the statute of management.

The housing units shall inform the owners of the property in a timely manner in accordance with article 2, paragraph 2, or paragraph 3.

Chapter III Use

Article 20 Specific scope and conditions of use of special maintenance funds by the material industry are based on the agreement of the work service contract. There was no agreement or agreement with respect to the contract for the services of the property industry, which would be subject to the guiding criteria established by the municipal price administration authorities.

The following costs shall not be added to the dedicated maintenance funds of the material industry:

(i) In accordance with the agreement of the work service contract, the cost of maintenance of a shared unit and a shared facility equipment should be borne by the enterprise in the service of the material industry;

(ii) The costs of maintenance, updating and rehabilitation of a wide range of facilities that are to be borne by the development of construction units in accordance with the law;

(iii) The cost of repairs to be borne by the parties on the part of the communal damage industry and the equipment required for a shared facility;

(iv) The maintenance, maintenance and conservation costs of linear facilities such as water supply, electricity, heating, communications, cable television, should be borne by the relevant units in accordance with the law.

Article 21 Funds for specialized maintenance of the material industry are assumed in accordance with the following provisions:

(i) A dedicated portion of maintenance, updating, adaptation costs, which are borne by a small number of owners;

(ii) A share of the maintenance, updating, adaptation costs, which are shared by some of the owners of the industry as a share of their area of construction;

(iii) The cost of maintenance, updating and rehabilitation for all components is shared by all business owners on the basis of their share of the area of construction;

(iv) Without the sale of homes, the development of construction units should be based on the share of the unspent portion of the construction area, the maintenance, updating and renovation of the equipment.

The total number of housing units, the maintenance, updating and rehabilitation costs of a shared facility facility, is shown in the first specific maintenance fund for the housing sector. Inadequate parts are assumed by the owner in accordance with paragraph 1 of this article.

Article 2, which requires dedicated maintenance funds, should be developed. The use of programmes should include the following:

(i) The specific scope and content of maintenance, updating, adaptation;

(ii) Maintenance, updating, adaptation programmes and engineering plans;

(iii) Cost budget and budget progress plans;

(iv) Other elements related to the use of specialized maintenance funds in the material industry.

The Article 23 Programme for the use of special maintenance funds for the industry was developed by the Commission of the owners of the industry, showing more than 5 days in the area of the management of the material industry, with the exclusive share of the need for maintenance, updating, rehabilitation, the total size of the buildings covered by the shared facility equipment and accounting for more than 2/3 of the total number of owners involved in the maintenance, updating, rehabilitation, and the total number of equipment involved.

Without the establishment of a commission of the owners or a commission of the owners of the industry to develop programmes for the use of special maintenance funds, business or business representatives may also propose programmes for use and express and consent under the guidance of the Government of the town of the owner, the street office.

The construction unit for maintenance, updating and rehabilitation works was established by the Commission of Industry, the Business Service Enterprise or the owner's representative in consultation and displayed 3 days in the area of property management. If there are more than a total number of heads of departments requiring maintenance, updating, adaptation, a total area of more than one third of the buildings covered by a shared facility, and a total of more than one third of the total number of industrial owners who require maintenance, updating, adaptation, and a total of one third of the total number of facilities equipment involved, it should be determined through tendering.

Article 24 Applications for special maintenance funds for the emitting industry shall submit the following materials:

(i) Programme for the use of special maintenance funds in the material industry;

(ii) Construction (reservation) contracts with construction units;

(iii) A directory with a shared structure, a pool of facilities equipment and a certified material with the exclusive share of the total area of buildings of more than 2/3 and with the consent of the owner of the total strength of 2/3;

(iv) Accreditation, an information note or a written testimony by the Government of the Town, where the material is not established at the streets of the owners' committees;

(v) The exclusive management bank and account name;

(vi) Other relevant materials.

Article 25 shall be subject to review by the territorial administrative authorities of the area in which the property is located (in the autonomous district) during the run-up of the territorial property administration authorities of the district (the autonomous district) and shall be carried out within seven working days of receipt of the request submitted by the owners' committees, the property sector or the owner. The territorial administration authorities of the District (Autonomous Region) shall be transferred to the special maintenance funds of the engineering sector from the dedicated maintenance funds of the property industry.

After the self-managed management of the owners of the industry, special maintenance funds will be required, and the main committee shall submit the material under article 24 of the scheme to the territorial administrative authorities of the property in the area in which the property industry is located (the autonomous district). The real estate administrative authorities should have a case certificate within seven working days that it is not in accordance with the provisions of the law and should provide a written response.

Special maintenance funds are needed for the first-professional operation, and the management of the special maintenance funds for the housing sector should be reviewed within seven working days after receipt of the request for the relocation units. In accordance with the approval, the Housing Correctional Maintenance Fund Management Authority shall be transferred from the dedicated maintenance funds of the Property industry to special maintenance funds for the engineering sector.

Article 26

The special maintenance funds of the material industry should be subject to the settlement of the electrical, letteral or transfer of cheques, and no cash shall be taken, other votes shall be used or settlement vouchers. However, in cases where emergency maintenance is required under article 28 of this approach, and the cost of repair, updating and rehabilitation is lower than in the amount of H$ 2000.

Article 27, upon completion of maintenance, updating and rehabilitation, shall be collected by the Commission of the owners, the business sector or the owner's representatives, and shall make the following material more than 5 days in the area of material management and archive:

(i) Work settlement reports prepared by the construction unit;

(ii) List of maintenance costs, statements;

(iii) A breakdown of maintenance costs;

(iv) Other relevant information.

Maintenance, updating, adaptation costs are more than 20 per cent of the approved budget or more than 1 million dollars, and should be restatemented in part in accordance with the procedures set out in this approach.

Article twenty-eighth emergencies, such as housing security, should be repaired, updated and renovated by a total of occupants, a shared facility equipment:

(i) roofs, cereals (other than agreed);

(ii) Consumption or leakage due to a failure of the route;

(iii) Constraints caused by water pump failures, water management breaks in water pipelines or severe leakage;

(iv) Survivors for severe disruptions, and water for such equipment;

(v) Constraints and damage to the building blocks, the ladder blocks such as the public positive, the sun and the Rodrigue;

(vi) There is a risk of jeopardizing the ground;

(vii) The failure of the ladder to endanger human security;

(viii) Functional barriers to firefighting facilities;

(ix) A failure to operate in safety monitoring facilities;

(x) In other material industries, there is a threat to or may endanger public safety, public interest and the legitimate rights and interests of others.

In cases where the territorial administration of the District (Autonomous Region) took place during the run-up period under article 28, the owners of the industry, the business sector, or the relevant owners should immediately request the payment of special maintenance funds to the administrative authorities of the District (Autonomous Region) after the identification of the people of the town of the commune, the street offices.

In the district (Autonomous Region) real estate administrations should be transferred within twenty-four hours after written requests were received, and institutions requesting funds should be renovated immediately.

Article 33 is administered by the owner and, in the case of article 28, the owners of the industry or the business sector should immediately report on the situation to the Government of the town, the street office. Under the guidance of the People's Government and the Street Office, the Commission should immediately organize the renovation and transfer of funds.

In the case of article 288, the owners of the industry or the business sector are not subject to the provision of the refurbishment, and the Government of the town of the commune, the street offices should organize the replacement and the cost of repairs are charged from the special maintenance fund account.

Following the completion of article 32, the related costs should be disclosed in accordance with article 27, paragraph 1, of the scheme.

Chapter IV Oversight management

Article XIII states (in self-government) administrative authorities responsible for special maintenance funds in the escrowth industry, institutions responsible for the management of special maintenance funds for the rental of premises and the owners' committees responsible for the management of special maintenance funds in the material industry (hereinafter referred to as the specialized maintenance funds management agency) shall not seek any benefits from the exclusive management bank.

The exclusive management banks should be strictly self-regulatory and prohibiting unjustifiable marketing instruments.

During the run-up by the territorial administrative authorities of the District (Autonomous Region), the portion of the funds earmarked for maintenance of the property industry was deposited or used for the same year, in accordance with the interest rate of the deposit for the same period; the remainder was paid at the regular bank deposit rate for the same period of one year.

The interest on deposits for special maintenance funds in the material industry is subject to a one-year termination and is regularly included in the accounts of the owners.

The provision for special maintenance funds for the occupancy administration in the zone (Autonomous Region) is included in the value added of the funds earmarked for maintenance in the material industry and is accounted for with funds earmarked for maintenance.

Article 36, subject to the regular use of special maintenance funds in the material industry, may, in accordance with the relevant provisions of the State, buy a new State's debt from the bank bonds market or the commercial bank's counters to buy the market at the level and hold the end.

The purchase of the State's debt with special maintenance funds deposited by the owners of the industry should be subject to the consent of the owner of the total area of buildings of more than 2/3 and above 2/3.

The use of specialized maintenance funds for the manufacture of property is prohibited for the acquisition of State debt, the commissioning of financial operations and other high-risk properties or investments, and for the purchase of State debts for security in custody, mortgage etc.

The following funds should be transferred to specialized maintenance funds in the material industry:

(i) Lossss of interest on the special maintenance funds paid to the owner;

(ii) A net gain of value added for special maintenance funds in the material industry;

(iii) A share of the operation of a shared facility equipment and a total of the residues recovered after the release of the facility equipment, except as otherwise decided by the Conference;

(iv) Voluntary mobilization of funds deposited by the Commission or the owner;

(v) Other funds transferred by provision.

In the case of the owner transfer of property, the transferee shall indicate the deposit and balance of the funds earmarked for maintenance and the effective certificate provided by the specialized maintenance funds management body of the material industry, which has a balance in the accounts of the sub-householdings with the ownership of the property.

The transferee shall assist the transferee in the processing of the specific maintenance fund accounts for the host country.

Article 39 was lost and the balance of special maintenance funds deposited by the owner should be returned to the owners.

The balance of special maintenance funds deposited by the owner should be returned to the owner and processed for the marketing of the owner due to the loss of part of the work or the transfer of the owner.

The balance of specific maintenance funds deposited by the Housing Removal Unit or extracted from the sale of property shall be returned to the housing units.

Article 40

The dedicated maintenance funds management agency has contested changes in the fund accounts and may require the re-exploitation of the exclusive administration.

The specialized maintenance funds management body should establish a dedicated maintenance fund-raising system to receive inquiries from the owners of the industry on the use of special maintenance funds, value-added benefits and balance of accounts for their subsectors.

Article 40. The dedicated maintenance funds management body shall make the following information regularly available to the owners of the industry each year:

(i) Total deposit, use, value-added gains and deposits of special maintenance funds for the material industry;

(ii) Accidental project, cost and assessment;

(iii) The deposit, use, value-added benefits and the amount of the earmarked maintenance funds in the accounts of the owner;

(iv) Information on the use and management of special maintenance funds in the relevant material industry.

The owner had objected to the publication and could request a review.

Article 42 provides for the acquisition, use, preservation, write-off management of special maintenance funds in the material industry, and shall be carried out in accordance with the relevant provisions of the Ministry of Finance and the city's financial sector and subject to inspection in the financial sector.

Article 43 The municipal financial sector should enhance the supervision of the financial management of payments and the implementation of the accounting system for special maintenance funds in the goods industry.

Article 44 of the audit department conducts auditing and monitoring of the management and use of specialized maintenance funds in the material industry, in accordance with the relevant legislation.

Chapter V Legal responsibility

Article 42

(i) The establishment of specialized maintenance funds for the material industry, or the non-disaggregated accounts for each of the owners of the household under this scheme;

(ii) No dedicated maintenance funds are allocated under this approach;

(iii) The use of specialized maintenance funds for the acquisition, commissioning of financial operations or making the purchase of State debts for security, such as mass custody, mortgage and other risk-specific financial or investment;

(iv) In violation of the provisions of this approach, requests any benefits to the exclusive management bank;

(v) Removal and expropriation of funds earmarked for maintenance in the material industry.

Article 46 is administered by the owners of the industry and their members in violation of this scheme by one of the following cases, by the administrative authorities of the property in the area in which the property is located (the autonomous district); by the confiscation of proceeds of the conflict; by virtue of the law; by virtue of which economic losses are incurred and the corresponding liability is borne by the law; and the transfer of criminal responsibility by the judiciary:

(i) The establishment of dedicated maintenance funds in accordance with the provisions of this scheme or the non-disaggregated accounts for each household owner;

(ii) In violation of the provisions of this approach, requests any benefits to the exclusive management bank;

(iii) The use of specialized maintenance funds for the acquisition of State debt, the commissioning of financial operations and other high-risk financial or investment, or the use of the purchasing State's debt for security in custody, mortgage etc.;

(iv) Removal and expropriation of funds earmarked for maintenance.

Article 47 communes' governments, street offices or other relevant administrative authorities and their staff violate the provisions of the scheme by failing to perform the relevant duties or by playing in their work, abuse of authority, provocative fraud, by unit, superior or inspectorate authority; in exceptional circumstances, administrative disposition of the responsible person directly responsible and other persons directly responsible; criminal liability of the judiciary.

Article 48 of the development of construction units is not subject to specific maintenance funds under article 8 of this approach or the cost of repairs, updating and rehabilitation, which are not apportioned under Article 21, and is converted by the territorial administrative authorities of the District (Autonomous Regions) and the fines of up to $500,000 after the delay.

Article 49, in violation of this approach, provides for the misappropriation of funds earmarked for maintenance of the property industry, which is reported by the Industrial Council or by the owner's representatives to the relevant sector or prosecuted by the People's Court to recover funds earmarked for maintenance intrusive and expropriated. The territorial administrative authorities of the District (Autonomous Region) should warn the diversion of funds earmarked for maintenance of the property industry, forfeiture the proceeds of the law, can and afford a fine of up to two times the amount of the offence, and transfer the criminal responsibility of the judiciary to the competent and other persons directly responsible.

In addition to the penalties provided for in paragraph 1, the sectors that have issued the award of a certificate of qualifications should also be revoked.

The development of construction units misappropriated and expropriated funds for special maintenance in the material industry and, in addition to the penalties provided for in paragraph 1, the construction of administrative authorities should document their misappropriation and expropriation in the enterprise credit files.

Article 50 of the General Assembly and the Commission of Industry have the right to deposit deadlines for the owners who refuse to deposit or renew the funds earmarked for maintenance of the material industry, which are not deposited and may be prosecuted before the People's Court.

Article 50, which violates the specific maintenance instruments of the material industry, is governed by the provisions of the Regulations on the Punishment of the Punishment of the Financial Violations and the Methods for the Management of Financial Instruments of the Kingston City.

Annex VI

Prior to the implementation of article 52 of this approach, special maintenance funds and bank deposits received from the development of construction units or business services enterprises should be transferred to the territorial administrative authorities of the material industry within three months of the date of operation.

Prior to the implementation of Article 53 of this approach, the owners of the relevant industry should deposit funds earmarked for maintenance of the first-professional industry within three months of the date of the operation of the scheme to the bank exclusives published by the property administration authorities of the area in which the property is located (Autonomous Region). Unscheduled, the cost of maintaining, updating and rehabilitating a total of facilities is vested with the relevant owners.

Article 54 quaters for the first time of deposit of special maintenance funds are required to be adjusted by the municipal real estate administrative authorities, which are adjusted in due course with the municipal price administrative authorities, the municipal and rural construction administrative authorities, and are published to society after approval by the Government of the city.

Article 55 governs the management of special maintenance funds for agro-industries and their use in reference to this approach.

Article 56 of this approach refers to a contract for the sale of property, in accordance with the law, legislation and housing, which is owned by all owners or parts of the industry in the region, including, in general, the basis for the work of the material industry, the weight of the wall, the pill, the floor, the floor, the roof, the roof of the house and the walls outside the household, the gate, the ladder, the corridor.

The scheme referred to a total of facilities equipment, which is based on laws, regulations and contracts for the sale of homes, and is governed by subsidiary facilities owned by all owners or some of the owners of the industry in the region, including, in general, ITU, trameteries, lighting, fire facilities, defence facilities, greenfields, roads, road lights, ponds, ponds, wells, public service facilities and buildings used in a shared facility.

Article 57