XI ' an city, residential special maintenance fund management method
(Standing Committee of the municipal people's Government on August 10, 2009 XI ' an 87th review by November 23, 2009 Xian Municipal Government published come into force on December 23, 2009, 85th) Chapter I General provisions
First in order to strengthen the management of residential special maintenance fund to guarantee residential common parts, common facilities and equipment for normal use, safeguard the legitimate interests of the owners, under the People's Republic of China real right law, the provisions of the property management regulations and other laws and regulations, combined with the city's actual, these measures are formulated.
Second homes within the administrative area of the city of special maintenance funds deposited, use, management, and supervision, these measures shall apply.
Residential special maintenance funds mentioned in this article measures (hereinafter referred to as maintenance funds) is earmarked for residential shared parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation of the capital.
Residential common parts included in these measures of residential foundations, bearing walls, columns, beams, floors, roofs and outside walls, hallways, stairwells, corridors, etc.
Share in these measures include lifts, antennas, lighting, fire fighting facilities, green spaces, roads, streetlights, ditches, pools, wells, non-operating parking garages, public cultural and sports facilities and common facilities used for housing. Fourth of municipal property Administrative Department is the Administrative Department for maintenance funds.
Thereof, maintenance money management firm that is in charge of this, xincheng district, Beilin district, and lianhu district, and and the baqiao district weiyang district,, Yanta district, in the administrative area of maintenance of the day-to-day management of funds.
Yanliang district and the Lintong district, and Chang ' an district, county administrative departments are responsible for the property, and the area of maintenance funds deposited, use and management.
Fifth maintenance funds management account stores, earmarks, owners decision, the principle of supervision by the Government.
Chapter II deposit
A sixth section within the Realty Management area has two or more owners of residential properties, residential community of non-residential properties or single residential building structures connected with the non-residential property owners as well as the sale of public housing flats should be deposited with the maintenance funds. Seventh residential owners, owners of non-residential property shall have deposited with the building area of maintenance funds, per square meter building area of amounts deposited with the initial maintenance funds of local residential building installation engineering cost from 5% to 8% per square metre.
Reasonable administrative departments shall, in accordance with the relevant provisions of the property determines, publish the first deposited amount of maintenance funds, and adjust.
The sale of public housing, maintenance funds of deposit in accordance with the following provisions:
(A) the owner owns the floor area of the property according to the maintenance funds of deposit per square meter floor space amounts deposited with the initial maintenance funds for the local cost of housing 2%.
(B) the housing unit not less than under the multi-storey residential houses for sale 20%, high-rise residential house for sale not less than 30%, lump maintenance funds from the sale.
Eighth owner maintenance funds that belong to the owners of all the deposit.
Article real estate administrative departments should be with your local commercial bank and sign an agency contract, a maintenance funding accounts, delegate it to carry out the maintenance funds of deposit, transfer, interest, settlement and other procedures. Article tenth before going through the House checking, initial maintenance funds should be deposited to the maintenance funds account.
Is not deposited in accordance with this regulation, the construction unit shall not deliver housing.
11th construction units and owners when handling the housing ownership transfer registration should be submitted first to the housing management authority in the registration authority maintenance funds deposited with the instrument.
12th date of the maintenance funds from deposit accounts in accordance with the relevant provisions of the State interest. 13th maintenance funds by the general meeting of owners autonomous management or property on behalf of the management of the Administrative Department.
Encourage owners to adopt democracy, the principle of consultation, implementation of owners autonomous management.
Maintenance Fund, managed by the owners shall convene a General Assembly, via the exclusive parts of buildings within the Realty Management area total area of more than 2/3 of owners and owners of 2/3 more than the total number of agreement, authorized by the general meeting owners ' Committee is responsible for the day-to-day management of the maintenance fund.
Establishment of general meeting or a general meeting decided to entrust the Administration on behalf of the management of the property, its maintenance funds centrally managed by the property on behalf of the administration.
The 14th General meeting of owners autonomous management of maintenance funds should be selected in the property Administrative Department entrusted the Bank opened a maintenance fund accounts, maintenance of escrow funds departments shall, in accordance with the relevant provisions of the owners within the Realty Management area deposited maintenance book balances of funds go to the owners opened maintenance funds accounts, and related accounts to the owners ' Committee.
Owners select the property management Department of the General Assembly entrusted the Bank other than the Bank open a maintenance fund, special account, Bank agreement should be signed with the property Administrative Department supervision.
15th household book owners lack of maintenance funds balance when 30% first phase of maintenance funds deposited amount, the owner shall renew maintenance funds.
Setting up an owners ' meeting, continued to make specific programmes drawn up by the owners according to the actual situation of the Commission, submitted after the general meeting for discussion and adoption organizations.
Establishment of an owners ' meeting, renew the programme formulated by the property administration departments of the financial sector, but continued to pay maintenance amount shall not be less than the first maintenance funds.
The 16th before the implementation of these measures, housing, public housing has been sold but has not established a maintenance fund shall pay the Realty Management area set maintenance funds.
Maintenance funds supplement programmes the owners ' meetings to decide; establishment of an owners ' meeting, fill was built in accordance with these measures.
17th when the transfer of ownership, the account system of housing maintenance housing ownership and transfer of funds.
The assignee shall take the housing ownership certificates, identity cards and other related procedures to renaming accounts system of bank accounts procedures.
18th loss of housing and home ownership housing units or sale shall take my ID card, houses lost deregistration certificates, proof of maintenance funds deposited into accounts system of bank accounts in the balance of the maintenance fund, handling household account cancellation procedures.
19th article this way prior to the implementation of development project construction or real estate service companies have collected money for maintenance, shall be collected in accordance with the relevant provisions of the maintenance funds transfers to accounts established under the administrative authority of the property maintenance funds.
Chapter III use
20th maintenance funds earmarked for residential shared parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation may not be diverted to any other use.
21st maintenance funds, shall follow the easy, open and transparent, the principles of the beneficiary and the burden is shared by the people.
22nd residential common parts, common facilities and equipment repairs and apportionment of the costs of renovation and transformation, agreed by the relevant owners, their agreement shall prevail; no agreement, under their respective proportion of floor space with property assessed in accordance with the following provisions:
(A) for community facilities and equipment maintenance and renovation and transformation, by residential property owners on the basis of its floor space proportion to be property owners and maintenance funds deposited by a residential property owners were charged;
(B) for whole building ontology common parts, common facilities and equipment maintenance and renovation and transformation, the whole building floor space proportion of owners in accordance with its own properties, and deposited with the building owner's maintenance capital expenditures;
(C) for this unit in the common parts, common facilities and equipment maintenance and renovation and transformation, by the unit owner owns property in accordance with its area of proportion, and to deposit from the unit owner's maintenance capital expenditures.
Residential common parts, common facilities and equipment maintenance and renovation and transformation, involving unsold commercial housing, non-residential construction units shall in accordance with unsold commercial housing, non-residential floor area, sharing costs of maintenance and renovation and transformation.
23rd maintenance funds transferred before the owners ' management, when used in accordance with the following procedure:
(A) the property management service according to the programme of maintenance and renovation, renovation project use; no property management service, used by the owners of programmes;
(B) maintenance capital expenditures within the exclusive parts of buildings with a total area more than 2/3 of owners and owners of 2/3 more than the total number of discussions by using the programme;
(C) property management service or the relevant owner organization and implementation programme;
(Iv) presided over the Realty service enterprise or industry-related materials, to the administrative authority for the property charged;
(E) property administration departments for examination and approval, according to prescribed procedures in the 5th transfer maintenance funds.
24th maintenance funds transfers after the owners ' management, when used in accordance with the following procedure:
(A) property service enterprises to use programmes;
(B) according to law by the General Assembly for discussion and adoption schemes;
(C) the implementation scheme of the Realty service enterprise or owners Committee;
(D) programme of the owners ' Committee will use property administration departments for the record; property Administrative Department found to be in compliance with the relevant laws, rules and regulations, shall be ordered to make corrections;
(E) to bank accounts in maintenance funds using the owners ' Committee procedure;
(F) bank accounts transferred according to prescribed procedures maintenance funds. 25th property management area should be in accordance with the first 5% of the total maintenance funds established emergency fund, for emergency repairs, updating and renovation.
Shared by the owners concerned after use, and added to the original amount.
26th housing common parts, common facilities and equipment, unexpected damage, not timely repairs would jeopardize the security or seriously affect housing owners to use, in accordance with the following procedures using the contingency fund:
(A) maintain escrow funds from the property administration departments, the owners ' Committee (the owner) or upon application property service companies, maintenance fund management could be funding;
(B) maintenance funds by the general meeting of owners autonomous management by owners Committee decided that use of the contingency fund, programme and emergency use property administration departments for the record.
27th repair capital repair project construction contract shall be signed and updated and, advocates an open tender to determine the construction units.
The owners ' Committee or the relevant owner, may appoint a professional body to repair and update, project supervision and audit of the project cost, related costs included in the maintenance and renovation and transformation costs.
Supervision and administration of the fourth chapter
28th maintenance funds by the general meeting of owners autonomous management should accept the location property departments for the administration of their accounts and the supervision of the use of the funds.
29th bank accounts should be monthly property administration, owners ' committees send checks and maintenance funds the bank deposit statements.
Bank accounts should be at least one a year and property administration, owners ' committees to check maintenance funding accounts and property administration, owners ' committees and announced the following:
(A) maintenance funds depositing, use, value-added benefits and total balances;
(B) expenses of project, cost and contribution;
(C) in the employer's household accounts maintenance funds deposited, use, value-added benefits and balances the amount;
(D) other cases relating to maintenance funds.
30th maintenance funds should be established bank accounts query system, property administration, owners ' committees and owners accept queries on their accounts.
Property administration, owners ' committees and the owners of capital account disagrees with changes, check bank accounts may be required.
Bank accounts should be issued to the owner of the 31st article produced by the financial Department of residence special vouchers for special maintenance funds.
Maintenance funds special voucher purchase, use, storage, management, shall be executed in accordance with the relevant provisions of the financial sector, and accept the supervision of the financial sector. 32nd maintenance funds of financial management and accounting shall implement the relevant provisions of the financial sector.
Financial departments should strengthen supervision over maintenance of financial management and accounting of funds.
The fifth chapter legal liability
Article 33rd development unit or property management service is not collected according to stipulations of the maintenance funds transferred to the maintenance fund, special account, from the property administration ordered into special accounts, refusing to transfer to special account, fine at 1% more than 5% of the total maintenance funds.
34th is not required or a general meeting resolution renew, fill the building maintenance fund, the owners ' Committee or interested parties may initiate litigation to the people's Court according to law.
35th other acts in violation of these rules, be dealt with in accordance with the provisions of the relevant laws and regulations.
36th party refuses to accept the decision on administrative penalty, it may initiate administrative reconsideration or administrative proceedings.
37th state personnel in the management of maintenance funds abuse, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
The sixth chapter supplementary articles
Article 38th sold public housing repair funds deposited, use, management and supervision in accordance with the Ministry of construction, the Ministry of Finance of the House special maintenance fund management and the relevant provisions of the building management Ordinance in Shaanxi Province.
The stock of public housing (housing) to maintain the deposit of funds, used and managed by the management of the sale of public housing funds in accordance with the measures implemented.
39th other non-residential properties other than those specified herein may be deposited money for maintenance, capital management in accordance with the measures for their maintenance regulations. 40th these measures shall come into force on December 23, 2009.