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Harbin City Housing The Special Maintenance Fund Management Pilot Scheme

Original Language Title: 哈尔滨市城市住房专项维修资金管理试行办法

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(Summit No. 47th ordinary meeting of the People's Government of the city of Harmira, 12 January 2006 to consider the adoption of Decree No. 138 of 20 January 2006 of the People's Government Order No. 138 of 20 January 2006 for the period from 15 February 2006)

Chapter I General
Article 1 ensures the maintenance and normal use of housing, protects the legitimate rights and interests of all persons dedicated to the maintenance of housing funds, and develops this approach in line with the provisions of relevant laws, regulations, such as the Regulations of the Department of State for the Management of Goods and the provisions of the Carahama Town.
Article 2
Article 3 of this approach refers to specific housing maintenance funds (hereinafter referred to as maintenance funds), which are dedicated to the maintenance, updating, adaptation of funds after the renovation of the housing unit, the equipment of the shared facility.
Article IV. This approach refers to a contract for the sale of houses, in accordance with the law, legislation and housing, which is structured by the owners of the entire house, the owners of the occupants of the occupants of the house, the outside walls, the gates, the building blocks and other departments that use and function to serve the building.
This approach refers to the sale of facilities under laws, regulations and housing contracts, in the area under which the material industry is managed or in a single house, with the owners of the industry, the use of communal water pipelines, the ladder, the supply of electrical equipment, fire firefighting and security control facilities, public goods courial facilities, greenfields, roads, road lights, non-managed parking spaces and housing facilities.
The water supply, drainage, heating, electricity, heating, communications, cable television stations and facilities are governed by the law in the area of the management of the property industry, and are not covered by the same approach, and are not covered by the same approach by the total number of housing units, shared facilities.
Article 5 owners who have more than two homeowners, non-residents in the residential small area or non-residents connected to the single home building structure should establish maintenance funds in accordance with the provisions of this approach.
Maintenance funds are owned by the owners of the industry and no units and individuals shall be occupied and diverted.
Article 6. Management of maintenance funds is governed by the principles of unity of contributions, exclusive storage, exclusiveness, decision-making by all and government oversight.
Article 7
The municipal housing administration may entrust the municipal maintenance funds management agencies with specific responsibility for the management, supervision and guidance of maintenance funds.
Chapter II Contributions of maintenance funds
Article 8. The first maintenance fund for commodity housing (consideration of affordable housing, with the same) is deposited by the owner.
The first-ever maintenance fund has been maintained by the owner, as follows:
(i) Prior to the sale of commodity housing, construction units, as owners, should be made available to the exclusive bank prior to the processing of commodity housing sales requests by 2 per cent of the cost of each square kilometre building;
(ii) After the sale of commodity housing, the purchaser, as the owner, shall be deposited with the exclusive bank by 2 per cent of the cost of each square metimetre building.
The cost of commodity housing is determined on a regular basis by municipal housing administration authorities in conjunction with the construction, price sector.
Article 9 funds for the maintenance of public housing have been purchased and co-doned by the sale units and owners.
The first maintenance fund for the sale of the property unit and the owners of the industry is carried out in accordance with the following provisions:
(i) The sale of housing units for 25 per cent of the unavailable housing, 30 per cent of the sale of the ladder's housing, which was deposited to the exclusive bank within 15 days of the date of the resale housing fund;
(ii) The owners of the industry, at 2 per cent of the average cost of each square kilometre building area, were released to the exclusive bank prior to the processing of the right to housing.
Article 10, paragraph 1, of the Kyoto Protocol, provides for the first consecutive four years to be deposited with the exclusive bank for the first four consecutive years, on the basis of a standard of five square meters each of the construction area, without the establishment of a maintenance fund.
The scheme implements the acquisition of public housing for former owners who have outstanding maintenance funds, and the owners of the industry should relocate an average cost of 0.5 per cent per year per square kilometre building area, and the first-ever maintenance fund will be returned to the exclusive bank for a four-year period.
Unpaid maintenance funds in accordance with the provisions of paragraphs I and II of this article shall be paid at the end of the late date of the increase in the amount of one lapse of the maintenance funds.
In accordance with the decision of the General Assembly of the owner to implement the provisions of paragraphs I and II of this article.
When the balance of maintenance funds in sub-household accounts is less than 30 per cent of the initial maintenance fund, the owners of the house should continue to fund maintenance.
The continuation of the maintenance fund was developed by the Commission of the Industry and submitted to the General Assembly of the Industrial Development Board for its specific implementation.
Article 12 Utilization of a total of house premises and the operation of a shared facility facility facility equipment should be used primarily to supplement the cost of the necessary management, with the purpose of complementing the maintenance funds earmarked for the maintenance of the housing unit, the maintenance, updating and rehabilitation of the facility equipment.
Utilization of the regional co-location and operation of a shared facility facility equipment should be used primarily to supplement maintenance funds, dedicated to the management of regional co-locations, the maintenance, updating and rehabilitation of facilities.
When the right to housing is transferred and changed, the funds for the maintenance of the house are transferred and changed in parallel to the right to housing, and the balance of the funds deposited by the original owner is not disbursed and paid by the transferee to the original owner, except if otherwise agreed by the parties.
Chapter III Management of maintenance funds
Article 14. The municipal property administration authorities shall enter into commissioning contracts with commercial banks, open maintenance funds and may entrust exclusive banks with the establishment, storage, settlement and etc. of the maintenance fund accounts.
In the maintenance of funds earmarked, a breakdown of maintenance funds should be established in order to establish a unitary account for an industrial management region. Each account for the management of the region shall be accounted for on a house basis, with a sub-household of the house house, and shall document the collection, use, storage and etc. of the accounts of the sub-household. The initial maintenance fund and the benefits of the owners of the construction units, public housing residue units shall be charged separately in the area of property management or home.
The maintenance funds have come from the date on which the funds earmarked for maintenance have been deposited, and are available annually in accordance with the relevant provisions of the People's Bank of China.
Article 15 was not established by the General Assembly and for the first time the funds for maintenance were administered by the municipal property administration authorities. After the establishment of the General Conference, its Main Committees should have access to relevant information, such as the Commission's Entrepreneurship Documents, the Business Rosters and the Worker Service contract, to the accounts of maintenance funds in the area under which the exclusive bank was established.
The management of accounts established in the maintenance fund accounts is vested in the commission of the owners or is entrusted with the management of the property management units or brokering agencies.
The maintenance fund accounts should be subject to uniform regulation by the municipal housing administration authorities.
Article 16, after the establishment of a maintenance fund account, shall be communicated in writing to the municipal property administration authorities, which shall be transferred to the maintenance fund account established by the Committee of the owners of the industry by the municipal property administration.
In one of the following cases, the Commission shall have the relevant procedures to deal with changes in the accounts of maintenance funds by the exclusive bank:
(i) Changes in the management of the material industry;
(ii) Changes in the property management units;
(iii) The Director, Deputy Director of the Commission of Industry, took place.
The right to housing is transferred and the transferee shall have access to housing certificates, identification materials, etc. to the exclusive bank for processing the sub-householding.
Article 19 causes the loss of homes due to demolitions, natural disasters or other reasons, and is governed by the relevant certificates of the executive authorities of the municipal housing estate, the certificates of the owners' board to the exclusive bank to extract the balance of funds in their maintenance funds and separate accounts and to process the write-off of the relevant accounts.
The balance of funds in the separate accounts was drawn by the co-owner in accordance with the proportion of the original housing building area.
Article 20
(i) Maintenance of the amount of the deposit, use and balance of funds;
(ii) Projects and costs incurred in the area of housing maintenance, updating, rehabilitation and assessment by the household;
(iii) Other relevant developments in the use and management of funds.
The owners of the industry object to the publication of the accounts of the maintenance funds, which may be required to review by the Commission.
Article 21 Banks should send maintenance funds accounts to the Industrial Board every quarter. The Board of Governors contested changes in the maintenance of the fund account and could apply for review to the exclusive bank.
Excluding banks should establish a maintenance fund search system to receive inquiries from owners on individual accounts.
The financial management and accounting of maintenance funds should be implemented in accordance with the relevant provisions of the financial aspects and be subject to financial oversight by the financial sector.
Article 23 Maintenance units shall be subject to audit oversight by the auditing department in accordance with the law.
Chapter IV Use of maintenance funds
Article 24 Maintenance funds should be earmarked for the maintenance, updating and rehabilitation of the total number of housing units and facilities after the expiry of the maintenance, renovation and rehabilitation period, and no units and individuals shall be diverted.
A total of communes, day-to-day operation, maintenance and maintenance of facilities, which are covered by the law, are not subject to maintenance funds.
The total number of housing units, combined facilities equipment, is man-made, and its maintenance, updating costs should be borne by the responsible person.
Article 25
(i) For the management of the area of co-location and co-location of facilities, all owners are assessed on the proportion of the buildings owned by the owner;
(ii) A total of communal and co-located facilities are used for the house, which is shared by the owner as a percentage of the building area owned by the owner;
(iii) A total of two or more housing units, a shared facility equipment, is shared by the relevant owners on the basis of the proportion of the construction area owned by them.
The establishment of separate accounts allows for a certain proportion of the costs incurred in the use of maintenance funds in separate accounts, with the remainder being shared by the owner or the relevant owner in accordance with the provisions of this article.
Article 26 requires the use of maintenance funds prior to the establishment of the General Assembly, by the Property Management Unit or the relevant owner, to submit a programme for the use of maintenance funds in accordance with the maintenance project, which has been adopted by more than two thirds of all owners or relevant owners, and to report back to the municipal housing administration case, the funds required are transferred to the Property Management Unit or the maintenance unit.
After the establishment of the General Conference, maintenance funds will be required, by the Property Management Unit, to submit the cost-use programme for the maintenance of funds, which is adopted by the General Assembly by law, and to report back to the municipal housing administration authorities, the funds required will be transferred to the Property Management Unit.
Conditions for the use of maintenance funds and procedures are established by the municipal housing administration authorities.
Article 27, which is validated by the agencies concerned, is subject to a security concealment in the housing unit, a cohabitation facility equipment, or, in accordance with the relevant technical norms, requires the maintenance of a total number of houses, cohabited facilities equipment, the relevant owners or the owners' committees should be kept in a timely manner, and, in the absence of timely maintenance, the property management units should report to the municipal housing administration authorities, which is mandated by the municipal property administration authorities to carry out the maintenance of the property management units and are charged to the funds of the owners.
The physical management units should make the identification and technical norms available to the relevant owners or owners.
Chapter V Legal responsibility
Article 28 Construction units, public housing resale units do not receive the payment of the first maintenance funds pursuant to article 8, article 9 of this scheme, which is charged by the municipal housing administration authorities to correct their deadlines and may be fined up to 50,000 dollars.
Article 29, in violation of article 24 of this approach, misappropriation of maintenance funds by the municipal property administration, recovery of misappropriated maintenance funds, warnings, confiscation of proceeds of the conflict, may and be subject to a fine of up to two times the amount of diversion of maintenance funds by the property administration units, in the event of serious circumstances, by the suspension of the award of a certificate of excellence; the criminal liability of the competent person responsible for the offence and other persons directly responsible.
Article 31 Staff of the municipal housing administration shall perform their duties in accordance with the law and shall not be subject to negligence, abuse of authority, provocative fraud.
In violation of the provisions of this article, the administrative disposition of the unit of which it is located or of the superior authority shall be subject to criminal responsibility by law.
Annex VI
Article 31 shall establish a system of complaints and receive complaints from owners, owners' committees and property management units against violations of this scheme.
Article 32, when a dispute arises as a result of the deposit of funds, the use of which may be resolved by the parties in their own consultations, may also be brought to the People's Court by law.
Prior to the implementation of Article 33 of this approach, payments of maintenance funds have been made in accordance with the relevant policy provisions, which should be managed and implemented in accordance with the relevant provisions of this approach.
Article 34 (Central) of the deposit, use and management of funds for maintenance may be implemented in the light of this approach.
Article 55 of this approach was implemented effective 15 February 2006.