Nanning City Property And Special Maintenance Fund Management Approach

Original Language Title: 南宁市物业专项维修资金管理办法

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Nanning city property and special maintenance fund management approach

    (July 17, 2009, Nanning city, the 12th Executive meeting of the people's Government of the 68th review on September 23, 2009, Nanning municipal people's Government promulgated as of November 1, 2009, 27th) Chapter I General provisions

    First, property, to strengthen the special maintenance fund management, safeguard the common parts, common facilities and the normal use of the equipment, maintaining the common interests of the owners, in accordance with the provisions of the building management Ordinance, combined with the city's actual, these measures are formulated.

    Second city planning area rather than a single State-owned land property real estate, after-sale public housing buildings of special maintenance funds deposited, management, use, application of this approach.

    Article III property special maintenance fund special account for implementation of unified collection, storage, ownership decisions, earmarks, government regulatory principles.

    Fourth of municipal housing authorities, property, together with the municipal financial Department is responsible for the special maintenance fund collection and supervision, instructions on use.

    City housing authorities set up special maintenance funds property management authority (hereinafter authority), property special maintenance fund, is responsible for the collection and use of supervision and guidance for daily work.

    Planning, construction and audit departments according to their respective functions together do related work.

    Fifth of municipal financial Department set up special maintenance fund account of the property, and entrusted the special maintenance funds for commercial banks as the property of the management of bank accounts.

    Property 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 fund account to public housing, housing units in accordance with the sale account.

    Chapter II deposit

    Sixth article deposited with the property owner shall be in accordance with this regulation the special maintenance fund, deposited with the special maintenance funds that belong to the owner of the property owners all.

    Article seventh deposited the first property owner shall be in accordance with the following provisions special maintenance fund:

    (A) not have configured property lifts, owners per square meter gross amount deposited with the first property of special maintenance funds for the city's annual construction and installation cost per square metre of the property 5%.

    (B) configuration of property lifts, owners per square meter gross amount deposited with the first property of special maintenance funds for the city's annual construction and installation cost per square metre of the property 7%.

    Owners per square meter building area shall be deposited with the first property specific amounts of special maintenance funds by the Municipal Housing Department regularly published.

    Eighth after-sale public housing should be deposited with the property special maintenance funds pursuant to the following provisions:

    (A) the owner owns property in accordance with the building area of special maintenance funds of deposit per square meter floor space amounts deposited with the first property special maintenance funds for the year 2% of the cost of housing.

    (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 out of the House for sale property special maintenance funds.

    Extracted from the public housing sale special maintenance fund of property belonging to the public housing housing units all sold.

    Nineth of development project construction should be in the contract of sale to special provisions agreed with the owners of property deposited by a special maintenance fund amount and deposit of matters such as timing, format, deposited in accordance with this approach by the owner property special maintenance funds.

    Tenth new property development and construction unit shall, within the prescribed period according to the real estate Department of real estate surveying and mapping for the record in full and total building area property special maintenance fund:

    (A) must apply for pre-sale permit, before going through the licence;

    (B) obtaining commercial housing selling records, at the time of sale prior to filing;

    (C) before the implementation of these measures has been pre-paid license, before going through the sales record.

    Owners apply for housing management authority in the registration shall make an advance payment of property development project construction before the special maintenance fund, and changed its name formalities to a regulatory body.

    11th the owners of public housing should be sold before going through the House checking, will be the first property special maintenance special maintenance funds of funds into public housing households housing units in public housing or referred to the sale of special maintenance funds account.

    Sale of public housing units shall, from the date of receipt of the sale on 30th, will extract the maintenance special maintenance funds of funds in public housing accounts.

    12th property purchasers are not in accordance with the regulations deposited with the property of special maintenance funds, development project construction or sale of public housing units has the right not to deliver housing.

    13th property special maintenance funds should be deposited in accordance with the following procedure:

    (A) the owner property special maintenance fund to the management bodies of deposit registration forms, home sales contract, or house ownership, the identity of the owners and other materials, receive property special maintenance fund deposit notification;

    (B) the owner property special maintenance fund deposit notification form to manage bank accounts to deposit money for maintenance, to secure ownership of special maintenance funds pay vouchers;

    (C) the owner property special maintenance fund payment voucher to receive ticket management. 14th book system of owner property special maintenance fund balances less than 30% of the initial deposit amount shall be promptly renew.

    Owners continued to make after the special maintenance fund shall not be less than the balance of the property in accordance with this approach should be the first property special maintenance funds. Property of special maintenance funds continued to make programmes prepared by the owners ' Committee, submitted to the General Meeting decided and implemented by the owners ' Committee.

    Owners renew Maintenance Fund was not established, in accordance with the first phase of the special maintenance of the property by the owner pay up.

    15th before the implementation of these measures is not established or is not in accordance with the regulations deposited with the first special maintenance fund of real estate property, the owner shall from the date of implementation of these measures, in accordance with the standards of the construction area of 5 Yuan per square meter per year, for four consecutive years for the first maintenance special maintenance funds account for depositing funds to the property.

    Owners on the provisions of the preceding paragraph, the General Assembly decides otherwise, in accordance with the owners decide to do.

    Chapter management

    16th meeting of owners before the establishment of special maintenance special maintenance funds of funds into the property of the property accounts, by the regulatory body is responsible for escrow.

    17th General meeting after the establishment of escrow property owners decided not to delegate authority of special maintenance fund, should vote on the following matters:

    (A) the property of special maintenance funds in escrow does not delegate authority resolution;

    (B) special maintenance funds using the property management and emergency withdrawal plan;

    (C) entrusting the property management unit or CPA firm owners special maintenance fund accounts of the property management unit of the General Assembly of the draft agreement;

    (D) property and 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 special maintenance funds and property-related resolutions.

    Exclusive parts and above accounted for two-thirds per cent of the total area of the building owners ' consent and two-thirds more than the total number of owners, owners ' committees can take valid resolutions of the general meeting to the Management Agency for special maintenance funds transfers the property procedures.

    Article 18th management real estate special maintenance funds should be transferred within 5 working days of the filing procedures in writing inform the municipal finance department.

    Municipal Finance Department shall, within 5 working days notify the account management account Bank owner property special maintenance fund, the General Assembly, special maintenance fund balance transfer of the property to the owners property special maintenance fund account, and by the authority about the income and expenditure accounts to the owners ' Committee. Article 19th when the transfer of ownership, owners should indicate to the assignee property special maintenance funds deposited and balances and proof of valid, balances in the account system of housing property transfer of special maintenance fund along with home ownership at the same time.

    First special maintenance of the property of the original owners who have not deposited funds, the owner should consult before going through the home ownership transfer registration deposit in full.

    20th under any of the following circumstances, development units, owners or the owners ' Committee shall handle the related property to a regulatory body of special maintenance funds change:

    (A) adjustment of the Realty Management area;

    (B) the housing transfer of ownership occurs;

    (C) special maintenance fund accounts of the property changed responsibilities;

    (D) the general meeting of owners change a delegate account management;

    (E) other matters change.

    Article 21st loss of housing, property special maintenance funds returned in accordance with the following provisions:

    (A) the household account balance of housing property owners of special maintenance funds;

    (B) public housing sale of unit deposited property return of special maintenance fund balance housing units; public housing housing units that do not exist, in accordance with public housing units for sale financial affiliation, collected at the Treasury.

    22nd management special maintenance fund, responsible for the management of public housing authorities or owners Committee, and management accounts every six months to check a property special maintenance fund accounts, and known to the owner, the sale of public housing units the following situations:

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

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

    (C) the owner, sale of public housing units in the household accounts property special maintenance funds deposited, use, value-added benefits and balances the amount;

    (D) other special maintenance fund use and management of the property.

    Owner, the sale of public housing units has objections on the release, you can review.

    23rd management special maintenance fund, responsible for the management of public housing authorities or owners Committee, shall establish a property special maintenance fund query system, buy, sale of public housing units on the property in the household account special maintenance fund, value-added benefits and balance inquiries.

    Article 24th property of special maintenance funds should be managed according to law supervised by the Audit Department.
The fourth chapter

    25th special maintenance funds should be earmarked for the property property property after the expiration of the warranty the common parts, common facilities and equipment maintenance and renovation and transformation, no unit or individual shall not be appropriated for other purposes. Property of special maintenance fund management fees on property in the value-added benefits of special maintenance fund expenditures, revenue accounting and special maintenance funds.

    Administrative expenses of the management of special maintenance funds in escrow, the municipal finance department.

    26th the common parts, common facilities and equipment maintenance and renovation and transformation costs, assessed in accordance with the following provisions:

    (A) shared between the housing parts, common facilities and equipment maintenance and renovation and transformation costs, property owned by the owners concerned in accordance with their respective proportion to their area.

    (B) shared between after-sale public housing parts, common facilities and equipment maintenance and renovation and transformation costs, by the relevant owners and deposited with the sale of public housing units in accordance with the properties of special maintenance funds in proportion to which the owners part of the property owned by the owners concerned in accordance with their respective proportion to their area.

    (C) between the after-sale public housing and commercial property common parts, common facilities and equipment maintenance and renovation and transformation costs, according to the area in proportion to the relevant property which, after-sale public housing cost apportionment, and owner and deposited with the sale of public housing units in accordance with the properties of special maintenance funds in proportion.

    Special maintenance funds to pay for the maintenance of the property, the shortfall in accordance with construction area shared by the owners concerned in proportion.

    27th property common parts, common facilities and equipment maintenance and renovation and transformation, involving unsold property, developed by unit or the public housing units in accordance with the area of unsold properties houses sale, sharing costs of maintenance and renovation and transformation.

    28th according to the approach used when the property special maintenance fund, one of the following maintenance works, shall entrust the unit project cost audit of engineering cost consultation:

    (A) the individual maintenance cost more than 10,000 yuan;

    (B) maintenance funds totaled more than 15,000 yuan for single use;

    (C) the engineering project cost audit should be carried out according to law.

    Article 29th special maintenance funds transferred are not owners of the property management, property special maintenance fund in accordance with the following procedures shall be followed:

    (A) the property management unit under the programme of maintenance and renovation, renovation project use; no property management units, the programme used by the owners.

    (B) the scheme shall be filed with the property owners within the special maintenance fund expenditures public notice not less than 5th.

    (C) special maintenance capital expenditures within the exclusive parts of the property within the scope of the two-thirds per cent of the total area of the building owners and two-thirds more than the total number of owners agreed to use the programme.

    (D) the property management unit or related industry hosted property special maintenance fund application form for use of, the owners concerned to sign written materials, use the programme, contracts for construction and other materials, apply to the authority for the advance procedures; among them, the use of special maintenance funds for public housing, which manages public housing departments to apply for an advance of special maintenance funds.

    (E) Management Agency processed within 5 working days related material, apply to the municipal finance department 70% of the approved budget amount allocated expenses municipal finance departments shall, from the date of receiving the application for administration within 2 working days notify the managing bank accounts transferred the amount does not exceed the approved budget 70% to maintenance units.

    (Vi) is responsible for managing public housing departments of special maintenance fund shall within 7 working days from the date of receipt of an application completed the review and will not be required to exceed the authorized public housing 70% special maintenance fund budget amounts transferred to the repair unit.

    (VII) maintenance work after the acceptance of, the property management unit or related owners reported the following materials management agencies, responsible for the management of special maintenance funds for public housing Department to verify and balance of the allocation of maintenance costs:

    1, the budget of the project;

    2, invoices for maintenance and updating and renovation;

    3, the relevant owner feedback forms;

    4, schedule of maintenance cost-sharing;

    5, and other related materials.

    Article 30th maintenance accounts for the final amount exceed the approved budget amount over 20% or exceed the amount above 10,000, the excess shall, in accordance with the procedure as provided herein declared.

    31st special maintenance funds transfers of owners of property management, property special maintenance fund in accordance with the following procedures shall be followed:

    (A) the property management unit under the programme of maintenance and renovation, renovation project use; no property management units by owners Committee using the programme.

    (B) the scheme should be property specific maintenance capital expenditures within the public not later than 5th.

    (C) special maintenance capital expenditures within the exclusive parts of the property within the scope of the two-thirds per cent of the total area of the building owners and two-thirds more than the total number of owners agreed to use the programme.

    (D) the property management unit related material advance maintenance fund application to the owners ' Committee.

    (E) the advance maintenance fund owners ' Committee, relevant materials should be reported to the authorities for the record.

    (Vi) filing proof of owners ' Committee with authority notifies the managing bank accounts 70% cost does not exceed the approved budget amount allocated.

    (VII) maintenance funds required to manage bank accounts will be transferred to the maintenance unit.

    (H) the maintenance work after acceptance, verified by an owners ' Committee, account management, balance of the allocation of maintenance costs.

    32nd article property special maintenance funds in management institutions escrow during, property by housing security identification institutions identification for dangerous housing or appeared elevator fault, and housing cover leaking, serious effect property normal using of emergency status, need immediately on property total with parts, and total with facilities equipment for maintenance and update, and transformation of, by property management units or owners Committee proposed written emergency report, management institutions verified Hou timely notification city financial sector advance funding. After maintenance and acceptance, property management or maintenance after verifying the accounts of the owners ' Committee shall be costs in property special maintenance capital expenditures within the public not later than 5th. Expiry of the public property owners or maintenance fees on the accounts of the Commission reported to the management review for the settlement procedures.

    Maintenance fee for accounts of more than 10,000 yuan in maintenance work shall be subject to auditing procedures before they can apply for settlement.

    Property no property management unit and was not within the area of setting up the Commission, by the local city maintenance administrative departments responsible for property management organizations.

    Article 33rd cost property from the following special maintenance capital expenditures:

    (A) according to law shall be vested in the development and construction of the unit or units of the common parts, common facilities and equipment maintenance and renovation, 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 because of man-made damage to the common parts, common facilities and equipment needed to repair costs;

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

    Article 34th funds should be transferred to the special maintenance fund accumulated property using:

    (A) in accordance with the regulations to calculate the special maintenance funds for the storage of the property interest;

    (B) use of special maintenance funds for the purchase of the property the value-added benefits of the bond;

    (C) the use of 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.

    The fifth chapter legal liability

    Article 35th of development project construction in violation of these regulations under article tenth, not pay property of special maintenance funds by the municipal housing authorities shall order rectification; fails, fined 10,000 yuan and 50,000 yuan fine and suspension to handle related business.

    36th article in violation of the regulations, owners are not deposited or does not renew it should the assessed property of special maintenance fund, reminders of the owners ' Committee to take relevant measures.

    By expediting the owners ' Committee, owners are still not deposited or continued to be made of assessed property of special maintenance funds by the municipal housing authorities shall order the deposit of their deadline.

    37th article violation this approach provides misappropriated property special maintenance funds of, by city property competent sector recovered misappropriated of maintenance funds, confiscated illegal proceeds, can and at misappropriated amount 1 time times above twice times following of fine; property management units misappropriated property special maintenance funds, plot serious of, by issued qualification certificate of sector revoked qualification certificate; constitute crime of, law held directly is responsible for of competent personnel and other directly responsibility personnel of criminal.

    38th of municipal housing authorities, municipal finance department and their staff use the convenience of duty and accept other people's property, does not perform special maintenance fund supervision and administration of the property or that the violation is not investigated, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    39th for properties of special maintenance funds deposited, the use of such a dispute, the parties may resolve on their own, through consultation, can apply for arbitration or a lawsuit.

    The sixth chapter supplementary articles

    40th special maintenance fund mentioned in these measures refers to specially for common parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation of the capital.
This approach by said property total with parts, is refers to according to legal, and regulations and property sale contract, by single building property or property management regional within owners total of parts and he in using Shang, and function Shang for single building property or whole property management regional service of parts, including: based, and both inside and outside bearing wall body, and column, and beam, and floor, and roof, and outdoor wall surface, and Hall, and stairs between, and corridor and channel,.

    This approach by said property total with facilities equipment, is refers to according to legal, and regulations and property sale contract, by single building property or property management regional within owners total of subsidiary facilities equipment and other in using Shang, and function Shang for single building property or whole property management regional service of facilities equipment, including total with of Shang water pipeline, and downspouts, and tank, and pressure pump, and elevator, and antenna, and power line, and lighting, and air conditioning system, and to drainage pipeline, and fire facilities, and avoidance mine facilities, and security technical anti-monitoring system, and intelligent of system, and

    Background music system green, water, roads, streetlights, ditches, pools, wells, non-operating parks and public cultural and sports facilities and the use of shared facilities and equipment housing.

    Gross area mentioned in these measures refers to the proper part of the area.

    41st economical and applicable housing, demolishing houses, market construction of housing works deposited in accordance with this approach of the real estate property special maintenance funds.

    42nd before the implementation of these measures, in accordance with the relevant provisions or contracts collection property of special maintenance funds should be deposited to a unified management of bank accounts, their management and use in accordance with the relevant provisions of the measures.

    43rd County property, special maintenance fund of deposit, manage, use, in accordance with the measures implemented. 44th these measures shall come into force on November 1, 2009.