Ningbo Special Maintenance Of The Property Funds Management

Original Language Title: 宁波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/201105/20110500340843.shtml

Ningbo special maintenance of the property funds management

    (December 17, 2010 Ningbo Municipal People's Government Executive meeting of the 92nd to consider December 23, 2010 by Ningbo Municipal Government 182th promulgated as of April 1, 2011) Chapter I General provisions

    First to strengthen the special maintenance fund of property management, safeguard the common parts, common facilities and equipment for normal use, maintenance special maintenance fund the legitimate rights and interests of the owner of the property, residential property management, according to the Ningbo city Ordinance and the relevant regulations of the State, province, and these measures are formulated.

    II construction of property according to law within the administrative area of the city, its special maintenance funds depositing, use, management and supervision, these measures shall apply.

    Special maintenance funds in these measures refers to special deposit in accordance with these measures for common parts of buildings (hereinafter referred to as the common parts), sharing facilities and equipment within the building zone (hereinafter referred to as communal facilities equipment) repairs after the warranty expires, renewal and modernization of the capital.

    Article with common parts and common facilities for residential, non-residential property owners, buyers shall be deposited with the special maintenance fund in accordance with this approach.

    Fourth special maintenance fund management unified deposited, establish accounts to households, earmarking, owners decision, the principle of supervision by the Government. Autonomous management of special maintenance fund can give an owner or special maintenance fund management body established by the Government on behalf of management.

    Encourage owners to independent management through democratic consultations.

    Implement autonomous management of the owners shall convene a General Assembly, via the exclusive parts within the Realty Management area two-thirds per cent of the total area of the building owners and two-thirds more than the total number of owners, owners of the Committee authorized by the owners ' meeting is responsible for the day-to-day management of special maintenance funds.

    Establishment of an owners ' meeting or a general meeting is not clear of owners autonomous management, its special maintenance special maintenance fund set up by the Government funds management institution to centralize management. Fifth of municipal real estate administrative departments, in conjunction with the Municipal Finance Department is responsible for the city's management of special maintenance fund guidance and supervision.

    In each County (City) area property management area authorities of the special maintenance fund, in conjunction with the financial sector responsible for management of special maintenance fund guidance and supervision. Special maintenance, maintenance of the money management firm as the Municipal Government set up a money management firm, the specific charge of Haishu, jiangdong district, Jiangbei district, Ningbo national high-tech zone properties the day-to-day management of special maintenance funds.

    Other counties (cities) area of special maintenance fund management institutions established by law or specified by the local government.

    Chapter II special maintenance funds deposited

    Article sixth of all types of property owners, should be in accordance with the regulations deposited with the special maintenance fund. Property first special maintenance fund, owned by the owner, the purchaser in accordance with the construction area of the House deposit.

    Not lift housing owners, buyers per square metre in accordance with construction area of 5% deposit in housing construction and installation cost; houses equipped with elevator, owners and buyers per square metre in accordance with construction area of 8% deposit in housing construction and installation cost.

    Special maintenance funds of unsold houses, by the deposit of development project construction in accordance with the criteria set forth in the preceding paragraph.

    The sale of public housing, housing and housing reform policy requirements the buyers deposit.

    Various types of housing construction and installation costs of the previous year by the city and County (City) departments of real estate cost Executive Authority announced before the end of March in each year.

    Article seventh special maintenance fund by the owners themselves deposited or collected through construction and property services companies pay. New deposit of special maintenance funds for the first time by the employer on behalf of the property collection. The construction unit shall upon property prior to initial registration, in accordance with the qualification of surveying and mapping units issued by the Housing Authority to sell a total construction area of and the provisions of the present article sixth deposit special maintenance fund, to be delivered to the owner of the property. The construction unit shall indicate to the purchaser and the agreed to contract terms. Expressly agreed in the purchase contract is included in the price of special maintenance funds, the construction unit shall not be charged to buyers.

    Buyers who deposited in accordance with this regulation the first houses of special maintenance fund, developed the construction unit shall, according to the sale contract processing. New property as a resettlement housing, deposit of special maintenance fund by the employer in accordance with initial sales total floor area and sixth criteria for these measures.

    Units should be delivered in property demolished or the person charged to the special maintenance fund.

    Article eighth sale of the sale of public housing flats should be charged sale time, buyer shall pay a mortgage while the special maintenance funds deposited with the maintenance money management firm.

    Nineth special maintenance fund management institutions shall provide the depositary issued private bills produced by the Department of finance.

    Developed by owner or Realty Management Company collection on behalf of property of special maintenance fund, special maintenance fund management body shall be respectively issued special notes provided to owners of special maintenance funds of deposit.

    Tenth article deposited with the owners of housing accumulation Fund, by himself or herself or his or her spouse to apply for, and approved by the housing Provident Fund management units, owners and their spouses of the housing accumulation Fund can be used to deposit the housing first special maintenance fund, in accordance with the criteria of special maintenance funds to owners account.

    11th book special maintenance funds of the owner's household when insufficient initial deposit amount of 30%, the owners shall be continued to provide deposit amount or by the owners ' decision of the General Assembly. Owners and property owners ' Committee elected by the General Assembly, and their continued maintenance funding programme prepared by the owners ' Committee, submitted to the General Meeting decided and implemented by the owners ' Committee. Agreed by the general meeting, or Commission property service enterprises.

    Property of the owners of the Committee has yet to be established, when lack of funds for their maintenance, special maintenance fund management institutions to inform the landlord in accordance with the first property special maintenance fund standard complement. 12th before the implementation of these measures has not been established or not complying with the provisions of property deposited with the first phase of the special maintenance fund, by the community or the owners of the property independently determine whether to establish special maintenance funds.

    Property initial deposit of special maintenance fund in accordance with the same type of housing construction and installation cost calculation.

    Property has not established a special maintenance fund, the common parts, common facilities and equipment after expiration of the warranty in need of repair, update and improve cost of commitment, by the employer in accordance with the law on real rights, relevant laws and regulations and the provisions of article 24th of this approach raise maintenance funds.

    Chapter III administration of special maintenance fund 13th special maintenance fund account shall be residential, building, unit (), was established. Maintenance fund management institutions should be commissioned by the commercial banks opened special maintenance fund accounts, and gradually establish a special maintenance fund system of the Internet.

    Accept the owners as well as city and County (City) area property management supervision.

    Maintenance fund management institutions shall be by way of bidding open select commercial banks opened special maintenance fund accounts.

    14th General meeting before the establishment of special maintenance funds deposited into the special maintenance fund special account from the money management firm that is responsible for escrow.

    15th special maintenance funds account is established, any of the following circumstances, the Realty service enterprise or the owners ' Committee shall within the 10th maintenance money management firm to handle the change:

    (A) adjustment of the Realty Management area;

    (B) alteration of the Director, the Deputy Director of the Commission;

    (C) alteration of the property services company.

    16th meeting of owners after the establishment, the owners decided to self-management of special maintenance fund, the General Assembly should vote on the following matters:

    (A) not delegate resolution maintenance special maintenance funds in escrow money management firm;

    (B) use of special maintenance funds management programme and the emergency withdrawal plan;

    (C) entrusting the property services companies or accounting firms as owners of special maintenance fund accounts of the property management unit of the General Assembly of the draft agreement;

    (D) special maintenance fund account management approach;

    (E) determine the owners ' Committee Director of special maintenance fund account responsibility for resolution of the property;

    (Vi) other matters relating to resolution and special maintenance funds.

    Exclusive parts and above accounted for two-thirds per cent of the total area of the building owners and owners of two-thirds more than the total number of consent, valid resolutions of the general meeting of owners ' Committee to the maintenance fund management agency for special maintenance funds transfer formalities.

    17th maintenance fund management institutions shall receive special maintenance funds transfer record informed account management in writing within 5 working days after Bank owners special maintenance fund account, the balance transferred to the owners of special maintenance funds special maintenance fund account, the General Assembly, and by the maintenance money managers about the income and expenditure and the accounts to the owners ' Committee.

    Article 18th property of special maintenance funds have been established, when the transfer of ownership, owners should indicate to the assignee special maintenance funds deposited and balance, the household account balances in special maintenance fund for housing along with the transfer of ownership at the same time.

    19th article for natural disasters, and demolition, reasons caused housing out lost of, owners can by original make save special maintenance funds of notes or about proved to maintenance funds management institutions drawn personal make save of special maintenance funds account balance, and by maintenance funds management institutions handle account cancellation procedures; which, public housing sale room units make save of special maintenance funds book balance returned sale room units; sale room units not exists of, according to sale room units financial membership relationship, collection sibling financial.

    Article 20th in ensuring the safe and proper use of special maintenance funds under special maintenance in accordance with relevant regulations of the State funds are used to purchase bonds or transferred deposit.

    Use of special maintenance fund to buy bonds should be in the inter-bank bond market and commercial bank over-the-counter market to buy newly issued bonds of the primary market and held to maturity.

    Prohibit the use of special maintenance funds in repo, trust management, investment shares, futures or buying Treasury bonds as collateral, mortgage guaranty.
Value of special maintenance fund shall annually transfer to the owners account system of special maintenance funds.

    Article 21st of the following funds should be transferred to the special maintenance fund:

    (A) special maintenance funds provided for storage of interest;

    (B) use of special maintenance fund to buy bonds net of value added;

    (C) the common parts, common facilities and equipment operations, but the owner unless otherwise decided by the General Assembly;

    (D) deduct the maintenance vehicle parking venues and facilities for the effective and necessary expenses of parking management, takes up the owners of roads or other sites set up parking spaces to park the car parking fees charged by, the owners unless otherwise decided by the General Assembly;

    (E) the property management business premises rent or income, but the owner unless otherwise decided by the General Assembly;

    (F) total facilities after the scrap recycling residuals;

    (VII) special account for routine maintenance of the property of the original principal and interest;

    (VIII) owners ' committees or owners ' voluntary mobilization of funds deposited;

    (I) before the implementation of these measures has been paid after the sale of public housing repair funds, the dismantled house maintenance fund, Special Fund for property management, Elevator maintenance funds, intelligent facilities maintenance funds payments and increase income;

    (10) other funds transferred according to law.

    First to sixth of the funds of the preceding paragraph, shall be promptly transferred to the owners account system of special maintenance fund, specific measures for transfer to the Department of municipal real estate administration separately.

    22nd maintenance money managers or owners Committee, and manage bank accounts should be checked every six months a special maintenance fund accounts, and was to be announced the following:

    (A) special maintenance funds depositing, use, value-added benefits and balances the amount;

    (B) expenditures costs of projects, and they are assessed;

    (C) the owner property special maintenance fund in the household account deposit, use, value-added benefits and balances the amount;

    (D) other special maintenance fund use and management of the property. Special maintenance fund managed by the maintenance fund management institutions, maintenance money management firm year special maintenance funds provided for in the preceding paragraph should be used and the management in writing form or other forms of approval by the owners to inform the owners.

    Special maintenance fund managed by the owners, owners ' committees may be sent in written form, community bulletin board announcements or other forms of owners established by the General Assembly every year special maintenance funds provided for in the preceding paragraph and managed to inform owners of the situation. Owners reported disagrees, may apply to the local real estate administrative departments for review.

    Real estate administrative departments after receipt of the application for review shall be reviewed within 15 working days notify the relevant owners. 23rd maintenance money management firm or the owners ' Committee shall establish a special maintenance fund query system.

    Owners can be property in the household account special maintenance fund use, value-added benefits and balance inquiries.

    Owners ' Committee may appoint special maintenance funds for commercial banks to establish property query system.

    The fourth chapter the use of special maintenance fund

    24th the common parts, common facilities and equipment maintenance, renewal and modernization of the costs assessed in accordance with the following principles:

    (A) the cost of houses, by all the owners of the houses in the housing area in proportion.

    (B) the exclusive housing expense, by all the owners of the House share in building construction.

    (C) exclusive housing costs in one unit, which houses all the owners in accordance with the floor space of buildings in proportion.

    (D) exclusive floor housing costs by the floor housing all the owners in accordance with the floor space of buildings in proportion.

    (V) belong to two or more regional property management of common facilities damaged by natural, maintenance, updating and renovation costs are owned by all the owners of the Realty Management area according to the floor space of buildings in proportion.

    Sold public housing maintenance capital expenditures sale of units and individuals under the existing maintenance fund account balances in proportion; has not established a special maintenance fund account owners or insufficient account balance should be in accordance with the share of floor space-related costs. 25th of the common parts, common facilities and equipment maintenance, renewal and modernization of the definition of the scope, relevant national technical specification should be applied.

    Relevant national technology specification is not provided, by the general meeting of owners in accordance with safe and reasonable, economic and practical decisions.

    Article 26th the following costs shall not be paid from the special maintenance fund:

    (A) that shall be borne by the construction units or units housing a total of parts, common facilities and equipment maintenance, updating and renovation 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 services company for the repair and maintenance costs.

    27th special maintenance fund shall meet the following conditions:

    (A) the common parts, common facilities the warranty period expires;

    (B) maintenance funds deposited in full, maintenance projects comply with the maintenance funds used; or maintenance projects to meet maintenance funds used, and some owners had deposited, some owners do not deposit was assessed on the maintenance funds using standards agreed and the maintenance funds should be assessed in maintenance funds account;

    (C) maintenance and use of funds within the programme by using exclusive parts two-thirds per cent of the total area of the building owners and the total number of two-thirds per cent of the owners ' consent. 28th article implementation property management of housing, on all owners total of total with parts, and total with facilities equipment for in the repair and the in the repair above of maintenance, and update and transformation of, by property service enterprise proposed special maintenance funds using programme and the costs budget and publicity, by owners Assembly through and reported local property management sector record Hou implementation; on part owners total of total with parts, and total with facilities equipment for in the repair and the in the repair above of maintenance, and update and transformation of, by property service enterprise proposed special maintenance funds using programme and publicity

    , By the common parts, common facilities with a total of more than two-thirds shares and reported to the local housing administration departments for the record before implementation.

    Not implemented property management homes by their owners or community resident Committee, the Board built and maintenance special maintenance funds over use of programme and budget and publicity, by the common parts, common facilities with a total of more than two-thirds shares and reported to the local housing administration departments for the record before implementation.

    Article 29th property management housing property services contracts not expressly for housing in the common parts, common facilities in the following property service fees were charged to the cost of maintenance, the part of the maintenance costs can be otherwise agreed in the Realty service contract, or by the general meeting of owners or the two-thirds, more than the owners ' consent, from the owners to maintain annual expenditures within the capital account maintenance funds for houses and manpower. Maintenance funds for houses and Manpower should be separately set up accounts, revolving use its expenditures from an owners ' meeting decision or according to the competent authorities and the standards set by the competent authorities of the property charged.

    Has not established a special maintenance fund account, the account balance is insufficient initial deposit amount of 30% and is not in accordance with the provisions of the first paragraph of this section paid owners of maintenance funds for houses and Manpower, property service companies can be charged directly to the owner according to the prescribed standards.

    Registration of real property service enterprises should make daily maintenance, and maintenance funds for publicity and manpower before the end of March each year, and accept supervision by the owners and the owners ' Committee.

    Article 30th maintenance, updating and improvement project, one of the following circumstances, property management companies, owners ' committees or community residents should take the way of bidding and optimize the maintenance unit:

    (A) maintenance, updating and renovation costs totaled more than 300,000 yuan;

    (B) the single projects cost more than 50,000 yuan;

    (C) the owners decided to implement the bidding.

    31st the following costs can be paid from the special maintenance fund:

    (A) preliminary investigation, identification and other related expenses;

    (B) maintenance costs;

    (C) the project tendering, supervision costs;

    (D) the project budget and cost of the audit.

    32nd article special maintenance funds by maintenance funds management institutions escrow during, housing total with parts, and total with facilities equipment appeared serious effect owners normal using of emergency status, need immediately on housing total with parts, and total with facilities equipment for repair of, property service enterprise should immediately to maintenance funds management institutions report, maintenance funds management institutions should in 24 hours within be verified and notification account of commercial banks advance funding, costs from related owners special maintenance funds account in the expenditures.

    Special maintenance fund managed by the owners during the emergency provisions of the first paragraph of this article, property service enterprises shall immediately report to the owners ' Committee, and at the same time inform the local property management by owners Committee in accordance with the provisions of emergency withdrawal plan for special maintenance fund, the costs from the owners concerned special maintenance fund accounts in Liechtenstein.

    Implementation of property management of housing, emergency provisions of the first paragraph of this article, community residents ' Committee shall report immediately to the maintenance fund management institutions, maintenance funds management body shall be verified within 24 hours and notify account commercial bank funds in advance, costs from the owners concerned special maintenance fund accounts in Liechtenstein.

    Article 33rd special maintenance funds not transferred management of the owners ' Committee, special maintenance funds allocated in accordance with the following procedures:

    (A) the Realty service enterprise or community residents with local property management departments of special maintenance fund scheme, allocated to maintenance fund management institutions;
(B) maintenance management bodies in accordance with the allocation of funds and the landlords account balance information, in conformity with the provisions set aside to apply for 70% of special maintenance fund;

    (C) after completion of the repairs, property management service or the community neighborhood Committee budget of the project in this area should be within 7 days of publicity, owners Committee approval to maintain balance of fund management institutions to apply for the allocation of project funds, which the owner disagrees with the Commission's budget of the project, should make a qualified intermediary audit.

    34th special maintenance funds have been transferred management of the owners ' Committee, special maintenance funds allocated in accordance with the following procedures shall be followed:

    (A) property services companies under the maintenance and renewal, renovation project use programme, over two-thirds of the scheme shall be subject to the relevant owner's consent;

    (B) the materials pertaining to property services companies advance maintenance fund application to the owners ' Committee, the owner agreed to an advance on maintenance funds of the Commission, relevant materials should be reported to the local housing administration departments for the record;

    (C) by local housing authorities for the record to prove the owners ' Committee notifies the managing bank accounts 70% cost does not exceed the approved budget amount allocated;

    (D) after completion of the repairs, property management service budget of the project in this area should be within 7 days of publicity, by the owner after the Committee endorsed and approved by the local housing administration departments for the record by owners Committee informed the management of bank accounts the allocation of maintenance costs of the balances, the owner disagrees with the Committee on the budget of the project should be a qualified intermediary audit.

    35th maintenance actual amount incurred is lower than the allocation of funds, balances part thereof shall, within 15 working days into the special maintenance fund account.

    Article 36th maintenance funds the budget of the project amount greater than the amount budgeted 10% or exceeds more than 10,000 yuan, according to additional maintenance funds using the procedure declaration.

    37th of municipal and County (City) area property management departments should strengthen supervision and inspection of special maintenance fund management, promptly investigate and deal with violations in the use of special maintenance funds management process.

    38th article management and use of special maintenance fund, shall accept the audit and supervision in the financial sector.

    The fifth chapter legal liability

    39th article violates these rules, the State Council, the building management Ordinance, the management regulations of Zhejiang Province, Ningbo city residential property management Ordinance and other laws, rules and regulations on penalties from its provisions.

    40th article is not deposited in accordance with this regulation, or units and individuals bear the special maintenance fund, managed by local real estate authority shall order its deadline to pay who fails to deposit in full and still, owners ' committees or owners can legally prosecute.

    41st special maintenance fund departments, regulatory bodies and their staff do not fulfil its mandate or abuse of powers, the authority shall order rectification, in charge and other personnel directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    42nd public housing including housing administration departments in these measures directly managing public housing and public housing unit tube.

    Article 43rd common parts in these measures refers to the main structure of the House (including foundations, bearing walls, columns, beams, floors, roofs, etc), outdoor public walls, entrance hall, staircase, Elevator, Elevator rooms, corridors, equipment and property management property and the laws and regulations and the owners share part of the sale contract. This approach by said total with facilities equipment is refers to residential community or single building housing within, construction costs has sharing into housing sales price of belongs to all owners or single building housing of owners (using people) common using of water pipeline, and scenting well, and of manure pool, and garbage box (room), and letter reported box, and elevator, and fire facilities, and security prevention facilities, and intelligent system, and avoidance mine device, and unit security doors, and style facilities, and public parking spaces, and road, and site, and green and regional enclosure and the legal, and

    Regulations and shared by the owners of the House dealing contract facilities and equipment.

    In the 44th article of the approach is that the repair and maintenance maintenance includes more than:

    (A) of the main load-bearing wall structure that is damaged, and needs removal and reinforcement;

    (B) the whole building roof, outdoor wall waterproof construction or insulation is required;

    (C) the whole building eaves outside off meet the whole building eaves outside more than 30% needed repairs;

    (D) the whole building or common parts ground surface, such as doors, Windows and stairs armrest breakage needs overall improvement;

    (E) within the Realty Management area pavement above 30%, it should be fixed;

    (F) under the whole building or module Aging pipes, damaged, needed renovation and transformation;

    (VII) intelligent systems, fire control systems need to be replaced as a whole, or to replace, repair, transformation of one-time costs more than the original cost of 20%;

    (VIII) replacement of elevators, or replace, lift maintenance main components of one-time costs more than 20% of the original cost of the lift;

    (I) property management area of the wall, the door is damaged, it should be repaired, update.

    45th article this way prior to the implementation of the sale of public housing have to pay maintenance funds, the maintenance fund as the initial deposit amount into the household account owners.

    Prior to the introduction of these measures establish elevator renewal funds or intelligent residential facilities equipment maintenance funds, the funds earmarked for elevator update, intelligent, facility maintenance, or according to a general meeting resolution.

    Before the implementation of these measures of residential property management of special funds has been paid, the Special Fund as the residential property special maintenance funds, earmarked for this area within the common parts, common facilities and equipment maintenance and renovation and transformation.

    Before the implementation of these measures are required to pay or have paid a resettlement housing repair funds and manpower for the appropriate resettlement residential area: the common parts, common facilities and equipment maintenance and renovation and transformation, its specific use and management of the municipal property shall be formulated by the Administrative Department.

    46th of municipal and County (City) district people's Government the establishment of special maintenance funds for residential property. The present measures article 27th, owners use residential property maintenance special maintenance fund, the local people's Governments shall give a certain amount of subsidies.

    During Haishu, jiangdong district, Jiangbei district, Ningbo national high-tech residential property in the area, by city and district governments offer 50 district people's Government separately.

    47th within 12 months after the implementation of this approach, the city and County (City) district management should establish special maintenance special maintenance funds of funds for household accounts, and first paragraph of the article 21st of the funds into the special maintenance fund account.

    48th units to receive pre-sale permit after the implementation of this approach should be based on the provisions of the present article seventh before going through the primary registration of housing property, special maintenance funds deposited with the maintenance money management firm. 49th article of the rules as of April 1, 2011.