Anshan City Residential Special Maintenance Fund Management Method

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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340822.shtml

Anshan city residential special maintenance fund management method

    (Anshan city, November 8, 2010 at the 14th session of the people's Government of the 75th Executive meeting considered by people's Government of Anshan city, December 29, 2010 the 169th release come into force on the date of promulgation) Chapter I General provisions

    First article for strengthening on residential special maintenance funds of management, guarantees residential total with parts, and total with facilities equipment of maintenance and normal using, maintenance residential special maintenance funds owner of lawful rights and interests of, according to People's Republic of China real right method, and property management Ordinance, and residential special maintenance funds management approach (construction, and Treasury makes 165th,), legal, and regulations and regulations, combined I city actual, developed this approach.

    Anshan city, the second city residential special maintenance funds deposited, use, management, and supervision, these measures shall apply.

    Article House special maintenance funds in these measures refers to special residential (including commodity housing, affordable housing, security of tenure, resettlement housing, financing housing, affordable housing and public housing after the sale of the residential housing reform) the common parts, common facilities and equipment after expiration of the warranty repair, repair and renovation and transformation of the capital.

    This approach by said residential total with parts, is refers to according to legal, and regulations and housing sale contract, by single building residential within property people or single building residential within property people and the and of structure connected of non-residential property people total of parts, General including: residential of based, and bearing wall body, and column, and beam, and floor, and roof and outdoor of wall surface, and Hall, and stairs between, and corridor channel,.

    This approach by said total with facilities equipment, is refers to according to legal, and regulations and housing sale contract, by residential property people or residential property people and the about non-residential property people total of subsidiary facilities equipment, General including elevator, and antenna, and lighting, and fire facilities, and green, and road, and street, and ditches, and pool, and well, and non-business sex yards garage, and public style facilities and total with facilities equipment using of housing,.

    Residential common parts, common facilities of the daily maintenance daily maintenance fees or service fees were charged to; private houses, private parts and use the facilities and equipment maintenance and renovation costs, borne by the owners themselves.

    Anshan city, the fourth Directorate is responsible for the city's residential special maintenance fund guidance and supervision and management.

    Anshan city residential special maintenance fund management Center (hereinafter maintenance funding Management Center) responsible for housing of special maintenance funds deposited, use, administration and supervision.

    Anshan City Finance Bureau is in charge of housing management use of special maintenance fund supervision and management.

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

    Chapter II deposit and co-ordination

    Sixth following property owner shall be in accordance with the regulations deposited with the House special maintenance fund:

    (A) residential, but a property of all and with other properties do not have common parts, common facilities, except;

    (B) non-residential and residential community within the residential outer single residential and non-residential structure. 

    Article seventh before check in residential, non-residential property shall, in accordance with 2.5% of the purchase value residential special maintenance funds deposited with the municipal real estate Bureau.

    Anju housing and resettlement housing, affordable housing, financing housing and affordable housing property in front of the check-in formalities shall be designated by the municipal real estate Bureau assessment bodies evaluated and assessed the proportion of 2.5% residential special maintenance funds deposited with the municipal real estate Bureau. Sale of public housing housing and property rights when people should get the certificate of house ownership, in accordance with the construction area of the House to the local 2% of the current cost of housing residential special maintenance funds deposited with the municipal real estate Bureau.

    Some residential special maintenance funds belonging to the owner of the all.

    Same housing contains a variety of property types, in accordance with the area's biggest deposit residential property category special maintenance funds. Sale of public housing housing, housing units shall, from the date of receipt of the sale on 30th, extracting residential in house for sale 25% special maintenance fund, and extraction of residential special maintenance special maintenance funds of funds into residential accounts.

    Some residential housing units of all special maintenance funds belonging to the public housing sale.

    Eighth article, originally built by State-owned units and has abandoned for the production of housing, housing shortage of special maintenance funds are not set up or set up, all the funds derived from the remaining public housing housing for residential special maintenance fund, coordinated by the municipal real estate Bureau. Nineth ownership transfer, property rights shall indicate to the assignee residential special maintenance funds deposited and balance, and proof of valid. Special maintenance funds for houses of the housing balance with housing ownership and ownership transfer.

    Loss caused by demolition or other housing, personal deposits residential special maintenance funds should be the balance refunded.

    Chapter account setup and management Tenth article on residential, non-residential property residential special maintenance funds deposited by implementing a three-tier account management.

    Municipal real estate Bureau and commercial bank (hereinafter referred to as account managing Bank) signed a custody agreement, setting the city's residential special maintenance funds first level accounts; each of the Realty Management area set up secondary account; according to the owner of the House who set a third-level account. Extracting residential housing units for sale special maintenance funds for a two-level account management.

    Housing units and escrow account management banks, sets House special maintenance funds first level accounts; each of the Realty Management area set up secondary account. Before the establishment of the 11th general meeting, residential, non-residential property deposited by a house special maintenance fund, hosted by the municipal real estate Bureau.

    Owners after the establishment of the General Assembly, shall, in accordance with the following provisions transferred residential, non-residential residential special maintenance funds deposited with the property: (A) the general meeting of the owners ' Committee representative in managing bank accounts set up residential special maintenance fund account.

    Residential special maintenance fund account shall be based on the Realty Management area set for the unit.

    Application for the establishment of residential special maintenance fund accounts, shall submit the following materials:

    1. account opening application;

    2. owners ' Committee was established for filing documents;

    3. schedule of property owners within the Realty Management area;

    4. seal of the owners ' Committee;

    5. chop of the head of the owners ' Committee, identity cards and a booklet.

    (B) the owners set the account, the municipal real estate Bureau shall, on the 30th, the kernel of the relevant information and notify management of bank accounts will be deposited with the property owners within the Realty Management area of the residential special maintenance book balance of funds transferred to the owners of the official residential special maintenance funds accounts and transfer of the relevant details to the owners ' Committee.

    (C) when there is a merger, Division or cancellation of the owners ' Committee, parties holding relevant material to the municipal real estate Bureau deal with residential special maintenance fund account change procedures to manage bank accounts until the account changes or cancellation.

    The fourth chapter of principal and interest management 12th residential special maintenance funds can be used in accordance with the relevant provisions of the State buying bonds or store on a regular basis. Value-added benefits derived from it should be used for the common parts, common facilities of the overhaul, repair and renovation and transformation.

    Owners should be set before residential special maintenance fund account, in city maintenance money management center under the guidance of the species, the method and time limit for storage and other matters related to the formation of written resolutions.

    Property deposit residential special maintenance funds for the purchase of Treasury bonds should be agreed by the general meeting.

    Extracted from the public housing housing housing housing of special maintenance fund to buy bonds should be based on the financial affiliation of the housing units for sale, reported by the financial sector agreed.

    13th residential special maintenance fund third-level account interest rate in accordance with the people's Bank of China listed in the notice of the savings deposit interest rate, interest on the year-end settlement once a year.

    14th funds should be transferred to residential special maintenance fund accumulated and used secondary account:

    (A) the second stored accounts interest on House special maintenance fund;

    (B) use of special maintenance funds for houses the value-added benefits of the store or to buy bonds on a regular basis;

    (C) the use of residential common parts, common facilities and equipment proceeds from the business owner, but the owner unless otherwise decided by the General Assembly;

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

    Fifth chapter uses and allocation management The 15th residential energy use of special maintenance fund, shall follow the easy, open and transparent, the principles of the beneficiary and the burden is shared by the people.

    Common parts of the property other than the exclusive parts of buildings, with rights and obligations and not to discard the right not to fulfil their obligations.

    Article 16th residential, non-residential residential special maintenance funds deposited with the property, subject to the following conditions:

    (A) the owners ' Committee has been set up and record;

    (B) the owners Committee and sets House special maintenance fund account has been transferred in accordance with the provisions of House special maintenance fund;

    (C) residential special maintenance funds deposited in full, or there is some residential special maintenance funds have been deposited, not deposited with the property owner to pay House special maintenance fund or a written commitment according to the fee assessments;

    (D) the need to repair the common parts, common facilities and equipment warranty period, and meet the residential use of special maintenance fund.

    Article 17th after the establishment of the General Assembly, require the use of special maintenance funds for houses, in accordance with the following procedures shall be followed: (A) proposed by the owners ' Committee in conjunction with the Realty service enterprise usage scenarios.

    Programmes should include the proposed overhaul, repair projects, project budget and updated and scope, project schedule, repairing houses special maintenance funds deposited and intends to share notes, and submit the proposed qualified and selected methods of construction enterprises.

    According to the project requirements, need to hire Auditors and supervision bodies, submitted the proposed qualified auditors, management institutions and their selected method. (B) according to law by a general meeting for discussion and adoption scheme. The owners ' Committee to present the use of owners ' meetings to discuss improved by using the programme. Repaired within the scope of exclusive parts of buildings with a total area more than 2/3 and 2/3 per cent of total property of the property agreement, a written resolution. Meanwhile, inform community residents, where the property, taking advice from the community neighborhood Committee and accept their supervision.

    The owners ' Committee will be submitted to the municipal maintenance funds related materials management Center for the record. Involved in writing of consultation with the owner, votes can be served through direct and detaining two.

    Lien served the area involved and the number of property shall not exceed the repair within the scope of 15% of the total number of gross floor area and property rights. (C) the use by the owners ' Committee in conjunction with the property management service implementation programme. Construction contract with the construction company should be the owners ' Committee.

    Advances in full construction enterprises shall, in accordance with the construction contract for construction. (D) after the project ended, the owners ' Committee in conjunction with the property management service for completion and submission of documentary proof.

    Project after the warranty expires, the Realty service enterprise is responsible for the daily maintenance. (E) upon acceptance of the works, owners ' committees and property management service budget of the project results to all property should be public.

    Project accounts audits of third party auditors, audit results should be published. (F) publication expires, owners ' Committee material, maintenance fund management centre, to filing procedures. City maintenance money management center after filing, residential special maintenance capital expenditures should be assessed in accordance with article 21st of this approach, be included in the relevant property rights special maintenance funds for houses in third-level account.

    Residential special maintenance required to manage bank accounts transferred funds to construction enterprises.

    Audit and supervision costs from the apartment in a special maintenance fund expenses. 18th due to objective reasons could not be elected the owners ' Committee or owners less than the total number of 1/2 of the number of members of the Committee, before the new term of the owners ' Committee by tube housing units as units, in accordance with the measures provided for in 17th organizations use special maintenance funds for houses.

    Among them, the responsibilities of the owners Committee residents ' committees which the property is located in the subdistrict office (town) under the guidance and supervision be exercised on his behalf.

    19th endangering security, personal and property safety and other emergency situations that affect normal use of housing, need to take immediate emergency measures to the common parts, common facilities for overhaul, repair and update, change, organized by the municipal real estate Bureau, repair costs from the owners house special maintenance fund in third-level account expenses.

    20th House after the sale of public housing, housing units derived from house sales, House special maintenance funds of principal and interest by selling housing units to coordinate the use. (A) that part of the House special maintenance fund capital expenditure in building units, each House is the remaining life span of annual expenditures.

    The building housing the special maintenance fund together with co-ordinating expenditures each year.

    (B) housing units total annual expenditure plan of the residential special maintenance funds equal to the single houses each year residential special maintenance fund plan expenditures and urban dimension fees and. (C) early in the year, housing units for sale homes of the year special maintenance fund shall be compiled using the plan. At the end of each year, organized by the higher sector housing units project acceptance, audit the accounts. Principal expenditure apportioned on a building to the home.

    Savings or overexpenditures were carried forward to the next annual expenditures.

    21st residential, non-residential property residential special maintenance expenditures of funds deposited by, shall, in accordance with the following provisions, within the scope of repairs exclusive parts of the property owned by the renovation of the buildings within the scope of the proportion of the total area assessed:

    (A) within the Realty Management area outside the building the common parts, common facilities residential special maintenance fund expenses, within the scope of repairs of all property rights in accordance with its own exclusive parts within the scope of repairs in proportion to the total area of the building.

    (B) building the common parts, common facilities residential special maintenance capital expenditures, by all property owners in the building according to its own exclusive parts in proportion to the total area of the building.

    (C) belong to a unit () of the common parts, common facilities residential special maintenance capital expenditures, by the cell (layer) all property rights in accordance with its own exclusive parts of the cell (layer) the proportion of the total area.

    (D) belong to a unit within the Office of unilateral State of the common parts, common facilities residential special maintenance capital expenditures, by the Office of the unit within the State all property rights in accordance with its own exclusive parts of the unit to the side of the proportion of the total area of the Office.

    22nd use residential special maintenance fund involving unsold residential, non-residential and public housing development unit or building public housing unit should be within the scope of repairs not yet residential, non-residential or public housing construction and repair area within the total floor area ratio of share of overhaul, repair and renovation and transformation costs.

    23rd multiple housing residential property category special maintenance fund, assessed in accordance with the following provisions:

    (A) between public housing and residential or non-residential residential special maintenance fund, are assessed by the property according to the proportion of floor space.

    (B) use between after-sale public housing residential special maintenance fund, run by owners in residential special maintenance funds in proportion to the amount assessed.

    24th the following costs shall not be from residential special maintenance capital expenditures:

    (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) should be borne by the parties due to damages of residential common parts, common facilities and equipment needed to repair costs.

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

    Sixth chapter supplementary and continued to raise

    Article 25th deposited with the House special maintenance fund, shall, in accordance with the provisions of these measures paying special maintenance funds for houses.

    Residential special maintenance funds deposited in full and according to stipulations, at the time of transfer of ownership should be paying special maintenance funds for houses.

    After residential special maintenance funds on the secondary account is set by the municipal maintenance funding Management Center and the owners Committee or exercise the functions of the Committee on behalf of the community neighborhood Committee notified has not been deposited with the residential property of special maintenance fund, or publicity within the Realty Management area, paying special maintenance funds for houses in 3 months. The owners agreed, storage or value-added benefits derived from buying bonds on a regular basis, can be used for advance deposit in full and not residential property of special maintenance fund shall undertake the project.

    Deposit of the corresponding property residential special maintenance funds, the proceeds of its engineering should be transferred to the value-added benefits.

    26th residential special maintenance funds second-tier or third-level of the total account balance is insufficient, shall be deposited with 30%, property rights should continue to raise residential special maintenance funds. Specific criteria for residential special maintenance funds continued to raise, or exercise the functions of the Committee on behalf of the Commission by the employer community neighborhood Committee prepared and submitted to the general meeting for discussion and adoption.

    Residential special maintenance fund balances continued after he, shall not be less than the current appraised value of housing 2.5%.

    Continued to raise residential property owners shall, in accordance with the General Assembly resolution of special maintenance fund, at the owners ' meetings in the 30th after the adoption, housing to manage bank accounts deposited with the House special maintenance funds.

    Seventh chapter supervision audit

    27th the owners ' Committee shall be published at least once a year to all property of the following conditions:

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

    (B) expenses of project, cost and contribution;

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

    Property release has objections, requests for review.

    28th management accounts banks shall establish residential special maintenance fund inquiry system, accept property, public housing housing housing units on its residential special maintenance funds on deposit in use, value-added benefits and balance inquiries. Managing bank accounts, maintenance, monthly Fund Management Center and an owners ' Committee submitted to the House special maintenance fund statements.

    City maintenance money management center and owners ' committees on the House disagrees with the change of the special maintenance fund account, you can request review management of bank accounts.

    29th residential energy bill of the special maintenance fund, accounting and financial management, shall implement the relevant provisions of the financial sector, and accept the supervision and inspection of the Municipal Finance Bureau.

    30th residential energy management and use of special maintenance fund, shall accept auditing departments audit and supervision.

    The eighth chapter legal liability 31st fails to deposit, do not continue to raise residential special maintenance fund, the owners ' Committee or exercise the functions of the Committee is imposed by the residents on their daily late fee of 0.5 ‰.

    Charged late fees, transfer to the secondary residential special maintenance funds account, used to house common parts, common facilities of the overhaul, repair and renovation and transformation.

    Relevant owners refuse to deposit, continued to raise residential special maintenance fund, the owners ' Committee or an interested person may initiate proceedings in accordance with law.

    32nd the sale of public housing units is not article seventh provisions of the fifth paragraph extraction and storage House of special maintenance fund, or not required by article 22nd of this approach assessed overhaul, repair and renovation and transformation costs, by the municipal real estate Bureau rectification.

    33rd development units not complying with the provisions of this article 22nd assessment overhaul, repair and renovation and transformation costs, by the municipal real estate Bureau rectification; fails, fined 10,000 yuan fine.

    Article 34th embezzlement of special maintenance funds for houses, residential special maintenance of the municipal real estate Bureau misappropriated funds, confiscate the illegal income, and may be fined not more than twice times the amount misappropriated constitutes a crime, criminal responsibility shall be investigated according to law.

    Corporate misappropriation of housing property services special maintenance fund, if the circumstances are serious, except in accordance with the provisions of the preceding paragraph shall be punished, a municipal real estate Bureau should be revoked or brought to revoke the certificate that issued the certificate.

    The owners ' Committee or exercise the functions of the Committee on behalf of community neighborhood Committee in violation of the provisions of article 17th, concealing fabrications, providing false information, violation of legal rights of the owners shall be investigated for criminal liability related personnel.

    35th City real estate Board, the Municipal Finance Bureau staff in the use of their positions, accepting other people's property, does not perform its functions of supervision, and the offender constitutes a crime, criminal responsibility shall be investigated according to law.

    The Nineth chapter supplementary articles

    36th herein, the following terms mean:

    (A) use position, use the facilities and equipment, refers to door solely by the property owner to use sanitary ware, doors and Windows, non-load-bearing walls, interior walls, floors, ceilings and balconies.

    (B) major repairs, refers to the need to replace part of the main structure and housing equipment and one-time costs in the project new 50% per cent of the cost of the project.

    (Iii) repair, refers to the need to remove a small number of principal components, for local maintenance and a cost in new 20% more than the cost of the project, and keep the size and structure of the housing project.

    (Iv) renovation and transformation, refers to the damage, aging, achieve life time replacement of the original common facilities or local improvement, and recovery performance of work facilities or equipment.

    The 37th article, haicheng, Taian County, xiuyan Manchu autonomous county, home of special maintenance fund management can be performed in accordance with the measures. 38th these measures come into force on the date of promulgation. The Anshan city, Anshan city people's Government Office on the issuance of residence notice of special maintenance fund management approach (saddle the political ban FA [2008]56) repealed simultaneously.