Zhengzhou Special Maintenance Funds For Housing Management

Original Language Title: 郑州市房屋专项维修资金管理办法

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Zhengzhou special maintenance funds for housing management

    (December 31, 2009, Zhengzhou city people's Government, the 17th Executive meeting January 18, 2010 by Zhengzhou municipal people's Government, the 186th promulgated as of March 1, 2010) Chapter I General provisions

    First to strengthen the special maintenance fund for housing management, establishment of housing maintenance support mechanism maintenance special maintenance funds for housing all of the legitimate rights and interests, according to Department of State property management regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city housing the special maintenance fund deposit, use, management, and supervision, these measures shall apply.

    Third special maintenance funds for housing in these measures refers to special housing common parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation of the capital.

    Houses the common parts in these measures refers to according to the laws, regulations and the sale and purchase contract, consisting of a single house owners or structure connecting different parts of the building owners, generally include: House foundations, bearing walls, columns, beams, floor slabs, roofs and outdoor walls, hallways, stairwells, corridors, etc.

    This approach by said housing total with facilities equipment, is refers to according to legal, and regulations and housing sale contract, by single building housing owners or different floor building owners total of subsidiary facilities equipment, General including elevator, and antenna, and lighting, and fire facilities, and green, and road, and street, and drainage facilities, and pool, and well, and non-business sex yards garage, and property management with room, and letter reported box, and public style facilities and total with facilities equipment using of housing,.

    Fourth special maintenance funds for housing management account stores, earmarks, owners decision, the principle of supervision by the Government.

    Fifth of municipal or County (City), shangjie District real estate Department is responsible for the supervision and administration of special maintenance funds for housing within the administrative area, the establishment of special maintenance funds for housing management bodies, specifically responsible for the routine management of special maintenance funds for housing.

    Finance, pricing, audit and other relevant departments according to their respective duties and supervision and administration of special maintenance funds for housing.

    Chapter II deposit

    Sixth article where a single House or a House has two or more owners within the Realty Management area shall establish a special maintenance fund for housing.

    Article seventh commodity housing (including affordable housing, units financed cooperative housing and resettlement housing, the same below) houses special maintenance funds deposited by the owner; low-rent housing deposit of special maintenance funds for houses by owner.

    Has sold the first special maintenance funds for housing public housing housing units deposited by the sale; renew, deposited by the owner.

    Article eighth initial deposit of special maintenance funds for housing according to the following criteria:

    (A) the sale of public housing, housing units from the sale by sale room extraction 30% deposit; (B) the housing without and with elevator, deposited by property owners on an area of 35 Yuan per square meter; lift houses, by the owners deposited with an area of 65 Yuan per square meter.

    Real Estate Department of housing construction and installation cost per square meter, adjust and publish standard initial housing deposit of special maintenance funds.

    Nineth first special maintenance funds for housing, special maintenance funds account owners can directly into the housing, or Commission real estate companies pay. Owners shall, before housing delivery, housing special maintenance special maintenance funds of funds into the housing account. Commissioned real estate development companies, real estate development enterprises shall be received within 30th of special maintenance funds for housing, will house special maintenance special maintenance funds of funds into the housing account.

    Unsold houses, handled by the real estate development enterprises in the era of initial registration of housing ownership special maintenance funds to make that part of the House.

    The sale of public housing units shall, from the date of receipt of the sale in the 30th, will extract the House special maintenance special maintenance funds of funds into the housing account.

    Tenth article deposited in accordance with this regulation the first special maintenance funds for housing, the real estate development enterprise shall not be delivered to the purchaser of the House. Fails to pay the House special maintenance special maintenance funds of funds into the housing account, and real estate companies should pay double the interest at Bank fixed deposit rates.

    House special maintenance funds pay interest into account.

    Article 11th House special maintenance funds deposited by belongs to all owners.

    Derived from the sale of public housing, the housing authority housing units all special maintenance funds belonging to the public housing sale.

    12th house special maintenance fund from the date of deposit, in accordance with bank deposits carry interest at a rate established by the State, by escrow and management annual balances of bank accounts to the home.

    House special maintenance funds deposited by bank deposits carry interest at a rate for the first year; a year later, according to the Bank's one-year fixed deposit interest rate.

    13th special maintenance fund owners autonomous management and took the management of the Government, encouraged owners to adopt democracy, the principle of consultation, the implementation of autonomous management of the owners.

    Implementation of autonomous management of owner, shall convene a general meeting through the property management exclusive parts of the region 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 decided to entrust the Government to manage, its special maintenance special maintenance funds for the housing money managers on behalf of unified management.

    Extraction of sold public housing housing authority special maintenance special maintenance funds for housing management organization responsible for the management of funds.

    14th special maintenance funds for housing management agencies or the owners ' Committee shall be commissioned, where commercial banks as House special maintenance fund managing bank accounts and open house special maintenance fund account.

    Open House special maintenance fund account shall be in Realty Management area set for the account, according to housing door set of household accounts; no delineation of the Realty Management area, building to account for the unit, according to housing door set of household accounts.

    Special maintenance funds for houses that have been sold public housing accounts, housing units on sale accounts, according to the set ratio, building owner when you renew it, according to housing door set of household accounts.

    15th General Meeting decided to implement autonomous management of owners, special maintenance of escrow funds management should be house owners ' committees of special maintenance funds transfer open house special maintenance fund account.

    Owners autonomous management by the housing of special maintenance funds shall be subject to supervision of the management of special maintenance funds for housing, where.

    Article 16th book, the sale of public housing units of independent book balance less than 30% first phase of special maintenance funds for housing, should be continued by the owner. Special maintenance funds for housing renewal of commodity housing shall be not less than the first after special maintenance funds for housing.

    Special maintenance funds for housing to public housing owners to renew it for the first time standards implementation of the eighth paragraph (ii) stipulation; owners of household accounting book balances less than continued level of special maintenance funds for housing for the first time 30%, the owners should once again renew, renew it again after the House special maintenance funds shall be not less than the amount the owners renew special maintenance funds for housing for the first time.

    Renew special maintenance funds for housing, can be resumed in full at once, can also be continued in phases.

    Has set up an owners ' meeting, continued to make programmes decided by the general meeting; establishment of an owners ' meeting, renew programme decided by the House special maintenance fund management institutions.

    Article 17th housing common facilities after the scrap recycling residuals should be used to supplement the special maintenance fund for housing.

    House share site, proceeds from common facilities for business owners, shall be mainly used to supplement the special maintenance fund for housing, but the owner unless otherwise decided by the General Assembly. Article 18th home ownership transfer, original owners should indicate to the assignee of special maintenance funds for housing deposit and balance, and proof of valid, balance in the ledgers of the House's special maintenance fund for housing along with home ownership and transfer, the assignee housing special maintenance fund balances should be paid to the original owners.

    Regarding the special maintenance fund have agreed otherwise between the parties, their agreement shall prevail.

    Article 19th housing loss and return of special maintenance funds for housing in accordance with the following provisions:

    (A) housing household owners account balances refund of special maintenance funds for housing;

    (B) public housing housing housing special maintenance fund balance of unit deposited returned housing units; housing units that do not exist, according to House financial affiliation, collected at the Treasury.

    20th before the implementation of these measures has been sold but has not established a special maintenance fund for housing housing should be according to the criteria set out in article eighth fill was built.

    Chapter III use

    21st special maintenance funds should be earmarked for housing housing share parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation may not be diverted to any other use.

    22nd the use of special maintenance funds for housing, should follow the easy, open and transparent, the principles of the beneficiary and the burden is shared by the people.

    Article 23rd housing of the common parts, common facilities and equipment maintenance and renovation and transformation of the apportionment of the costs, owners have agreed, their agreement shall prevail; no agreement, assessed in accordance with the following provisions:

    (A) between commodity houses, an area of property owned by the owners concerned in accordance with their respective percentage share. (B) between the sold public housing, building size in accordance with the relevant public housing housing authority special maintenance fund account income prorated.

    Extracts of public housing housing when the special maintenance funds for housing, the difference from the owners concerned in accordance with their respective property owners in the construction area from the account system of special maintenance funds for housing prorated.

    (C) sold between public housing and housing estates, according to the area in proportion to the relevant property, in accordance with subparagraph (a), (b) apportionment;

    (D) of unsold homes, from real estate development companies or the sale of public housing units in accordance with the area of unsold housing allocation.

    24th Government hosted the special maintenance fund for housing, their use in accordance with the following procedure:
(A) the owners ' Committee (the owner) or property services companies under recommendations using the maintenance and renovation and transformation projects;

    (B) the owners ' Committee (the owner) at the appropriate location within the Realty Management area the use of publicity;

    (C) the owner by using the recommendations of the General Assembly; establishment of an owners ' meeting, special maintenance funds for housing expenditures exclusive parts within two-thirds per cent of the total area of the building owners and owners of two-thirds more than the total number of discussions by using the recommendations;

    (D) an owners ' Committee (the owner) or the property management service organization entrusted implementation of the scheme;

    (E) an owners ' Committee (the owners) related to the property services company or its authorized material, apply to the special maintenance funds for Housing Authority expenses;

    (Vi) special maintenance funds for Housing Authority for examination and approval, according to prescribed procedures transferred within the 5th special maintenance funds for housing;

    (VII) an owners ' Committee (the owner) at the appropriate location within the Realty Management area public housing repair project quality inspection reports and accounts of the cost of maintenance.

    25th house owners autonomous management of special maintenance fund, its use in accordance with the following procedure:

    (A) the owners ' Committee (the owner) property services used by businesses or recommendations;

    (B) in appropriate locations within the Realty Management area the use of publicity, the Commission recommendations;

    (C) the owner by using the recommendations of the General Assembly;

    (D) the owners ' Committee or the property management service organization entrusted implementation of the scheme;

    (E) the owner Commission scheme houses special maintenance fund management record; special maintenance funds for Housing Authority found that these measures are not in line with requirements and usage scenarios, shall be ordered to make corrections;

    (Vi) an owners ' Committee to manage bank accounts transfer notice of special maintenance funds for housing;

    (VII) required to manage bank accounts special housing funds transferred to the repair of housing units;

    (VIII) owners ' committees at the appropriate location within the Realty Management area public housing repair project quality inspection reports and accounts of the cost of maintenance.

    26th housing common parts, sharing of facilities and equipment, unexpected damage does not timely maintenance will seriously affect the use or endanger the safety of buildings, the owners ' Committee, by the owners ' Committee maintenance; no owners ' Committee, elected by the owners of more than 2 owners ' representative maintenance, the costs assessed in accordance with article 23rd of this approach. 27th shall be encouraged through an open, fair, equitable campaign selected by tender with the corresponding qualification of maintenance and construction units.

    Maintenance costs less, you can take the easy way, selected repair and construction units.

    28th the owners ' Committee or the relevant owner, you can entrust a specialized intermediary institution for maintenance and renovation and transformation of engineering supervision and project cost audit and related costs included in the maintenance and renovation and transformation costs.

    29th the following costs shall not be paid from the special maintenance funds for housing:

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

    Article 30th in residential special maintenance fund under the condition of normal use, in accordance with the relevant provisions of the State House special maintenance funds for the purchase of government bonds.

    The value-added benefits of the use of special maintenance funds for housing purchases should be transferred to the special maintenance fund accumulated housing use.

    Supervision and administration of the fourth chapter

    31st special maintenance funds for housing management bodies or managing bank accounts shall be at least once a year to the owner, the sale of public housing units send special maintenance funds for housing statement, inform the housing deposit, use of special maintenance funds.

    Published by the owners and the relevant objection, may request a review.

    32nd special maintenance funds for housing management bodies or managing bank accounts shall establish a special maintenance funds for housing query system, always accept the owners and units of the household accounts of special maintenance funds for housing in deposit, use, value added income, balance inquiry.

    Article 33rd deposited when the special maintenance fund for housing, special maintenance funds for housing management bodies or managing bank accounts shall issue a special Bill for special maintenance funds for housing.

    Of special note for special maintenance funds for housing purchase, use, storage, management, shall be executed in accordance with the relevant provisions of the financial sector.

    Article 34th special maintenance funds for housing finance management and accounting shall implement the relevant provisions of the financial sector.

    Housing of special maintenance fund escrow costs, the incremental benefit of special maintenance funds on housing expenditures, approved by the financial sector, and special maintenance funds for housing revenue accounts.

    35th special maintenance funds for housing management and use, shall accept auditing departments audit and supervision.

    The fifth chapter legal liability

    Article 36th public housing units for sale, one of the following acts, by the city and County (City), shangjie District real estate authorities shall order correction within:

    (A) in accordance with this article eighth paragraph (a), Nineth deposited with the provisions of the third paragraph of special maintenance funds for housing;

    (B) not complying with the provisions of the present article 23rd share maintenance and renovation and transformation costs.

    37th real estate companies have one of the following acts, by the city and County (City), shangjie District real estate authorities in accordance with the following provisions:

    (A) the breach of the first paragraph of this article tenth housing delivered to the purchaser, a rectification; fails, fined a maximum of 5000 Yuan more than 30000.

    (B) in accordance with this article 23rd paragraph (d) of assessed costs of maintenance and renovation and transformation, a rectification; fails, fined a maximum of 3000 Yuan more than 10000.

    Article 38th in accordance with stipulations or a general meeting resolution renew, fill the building housing the special maintenance fund, or refusing to share costs of maintenance and renovation and transformation, the owners ' Committee or interested parties may initiate litigation to the people's Court.

    39th article violation this approach provides, real estate development enterprise, and public housing sale room units misappropriated housing special maintenance funds of, by city, and County (City), and shangjie District real estate competent sector recovered misappropriated of housing special maintenance funds, confiscated illegal proceeds, and can sentenced misappropriated amount twice times following fine; constitute crime of, law held directly is responsible for of competent personnel and other directly responsibility personnel of criminal.

    Property embezzlement of special maintenance funds for housing services enterprise, if the circumstances are serious, in addition to the provisions of the preceding paragraph shall be punished outside, and recommended that the original certificate of qualification issued by the Department may revoke a certificate.

    Real Estate Department, House special maintenance funds embezzlement of special maintenance funds for housing management agencies, housing special maintenance funds misappropriated by the relevant authorities, the managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    40th the real estate departments, House special maintenance fund management institutions violate the provisions of article 29th of this approach, the upper-level administrative authority shall order him to rectify, and managers directly responsible and other persons directly responsible shall be given administrative sanctions losses, compensation according to law constitutes a crime, criminal responsibility shall be investigated according to law.

    Owners ' Assembly or the violation of provisions of article 29th of this approach from city, County (City), shangjie District real estate department ordered corrective action.

    The sixth chapter supplementary articles 41st these measures shall come into force on March 1, 2010. October 21, 2002, Zhengzhou, Zhengzhou city, announced by the people's Government of the housing parts total facilities for total management of maintenance fund (municipal 109th) repealed simultaneously.