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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(January 12, 2006 Harbin city government 47th times Executive Conference considered through January 20, 2006 Harbin City Government makes 138th, announced since February 15, 2006 up purposes) first chapter General first article for strengthening housing special maintenance funds of management, guarantees housing of maintenance and normal using, maintenance housing special maintenance funds owner of lawful rights and interests of, according to State property management Ordinance and Harbin city property management provides, about legal, and regulations of provides,
    This municipality actually, these measures are formulated.
    Second City urban planning area of special maintenance funds for houses on State-owned land and deposit, manage, use and monitoring, application of this approach.
    Housing in these measures in article special maintenance fund (hereinafter referred to as maintenance fund), is earmarked for housing the common parts, sharing of facilities and equipment after expiration of the warranty repair, renovation and transformation Fund.
    Fourth common parts in these measures refers to according to the law, regulation and housing sales contract, in one of the houses, whole house owners, users of shared housing outside the main load-bearing structure, walls, hallways, stairwells and other use, parts of the functionality for building services and so on.
    This approach by said total with facilities equipment, is refers to according to legal, and regulations and housing sale contract, in property management regional or single building housing within, by owners, and using people total with of Shang water pipeline, and elevator, and for distribution facilities equipment, and fire and the security monitoring facilities equipment, and public style leisure facilities, and green, and road, and street, and non-business sex parking by and about total with facilities equipment using of housing,.
    Within the Realty Management area according to law belongs to the water supply, drainage, heating, electricity, gas, telecommunications, cable television unit is responsible for management and maintenance costs of the pipeline and related facilities and equipment, housing referred to in these procedures do not belong to the common parts, common facilities and equipment.
    Article fifth owns two homes one of the owners of residential properties, residential community of non-residential properties or single residential building structures connected with the non-residential property owners, maintenance funds should be established according to the provisions of these measures.
    Maintenance funds that belong to the owners of all, any unit or individual is allowed to occupy, use.
    Sixth maintenance funds management unified deposit, account stores, earmarks, all decision-making, the principle of supervision by the Government.
    Article seventh city, maintenance funds, real estate administrative departments in charge of the collection and use of management, supervision, and guidance.
    Municipal real estate administration, maintenance funds, competent authorities can delegate authority specifically responsible for the maintenance of Fund collection and use of management, supervision and guidance for daily work.
    Chapter maintenance funds paid into the eighth of commodity housing (including affordable housing, the same below) the maintenance funds for the first time, paid by the employer.
    Owners deposit first maintenance funds, respectively according to following provides implementation: (a) commodity housing sales Qian, units as owners, should by each square meters area cost price of 2%, in handle commodity housing sales record procedures Qian deposit to designed households Bank; (ii) commodity housing sales Hou, purchase people as owners, should by each square meters area cost price of 2%, in handle housing ownership registration Qian deposit to designed households Bank.
    Housing per square metre of floor space cost, construction cost and community facility construction fee in two parts, and is equipped with a lift and is not equipped with an elevator in two standards, relevant departments for specific standards by the municipal real estate construction, pricing departments publish on a regular basis.
    Nineth has purchased the public housing money for maintenance, housing units and jointly paid by the sale.
    Sale room units and owners deposit first maintenance funds, respectively according to following provides implementation: (a) sale room units on not equipped with elevator of housing by sale room paragraph of 25%, and equipped with elevator of housing by sale room paragraph of 30%, in housing reform sale room paragraph deposit units housing funds designed households of day up 15th within deposit to designed households Bank; (ii) owners by each square meters area housing reform average cost price of 2%, in handle housing ownership registration Qian deposit to designed households Bank.
    Maintenance Fund has not been established before the tenth article of the implementation of the measures for commodity housing, owner shall be from the date of implementation of this approach, according to the standards of the construction area of 5 Yuan per square meter per year, for four consecutive years for the first time, maintenance funds deposited to the account of the Bank.
    Before the implementation of these measures is not paid maintenance funds have purchased public housing, the owner shall from the date of implementation of these measures, 0.5% of annual average cost price per square metre of floor area of housing reform, for four consecutive years for the first time, maintenance funds deposited to the account of the Bank.
    Fails to deposit maintenance funds in accordance with Yi、erkuan of this article, shall be from the date of overdue, pay maintenance funds payable by the day 1 of the late fee.
    Owners Yi、erkuan provisions of this article, the General Assembly decides otherwise, in accordance with the owners decide to do.
    11th household maintenance funds in your account balance is insufficient when the maintenance funds of 30% for the first time, the owners of homes should continue to raise maintenance funds.
    Maintenance funds continued to raise programme prepared by the owners ' Committee, submitted to the owners after the decision of the General Assembly, implemented by the owners ' Committee.
    12th by the housing body of the common parts, common facilities for the business, the owner proceeds after deducting the necessary administrative costs, shall be mainly used to supplement the maintenance funds, for use in the House shared parts, common facilities and equipment maintenance, renovation and transformation.
    Using common parts, common facilities and equipment, the Realty Management area operations, proceeds from the owner shall be mainly used to supplement the maintenance funds, for use in property management areas common parts, common facilities and equipment maintenance, renovation and transformation.
    13th house ownership transfers, changes, household account balances of the maintenance funds for housing funds housing ownership transfer, change, the original owner's deposit balance of the maintenance fund shall not be extracted, payable by the assignee to the original owners, except where the parties have agreed otherwise.
    14th chapter maintenance funds management, real estate administrative departments should sign an agency agreement with commercial banks, open a maintenance fund accounts, bank accounts and delegate maintenance funds accounts set up, payment, settlement and other procedures. In maintenance funds in the accounts, shall set up a maintenance fund breakdown, lizhang, in a management area. In the accounts of each of the Realty Management area, should be in every house lizhang and House door number ledgers, records the household account and deposit, use, balance and so on.
    Employer, the public housing sale deposit and withdrawal for the first time in maintenance funds and proceeds from the property owners should be according to the Realty Management area or a House separate accounts.
    Maintenance funds from the deposit date of the maintenance funds account, according to the rules of the relevant provisions of the settlement to the home. 15th meeting of owners was set up, maintenance funds by the municipal real estate administration authority for the first time consolidated escrow.
    General meeting after the establishment of the owners ' Committee shall hold the establishment of filing, owners register and Realty service contract and other relevant documents to the bank accounts of the Realty Management area in which repair funds account.
    Maintenance fund account after account management, the owners ' Committee is responsible for, or entrust property management unit or agency management.
    Maintenance capital account shall be subject to consolidated supervision of the municipal real estate administration authority.
    Article 16th after maintenance funds account established by the Commission, shall notify the Department of municipal real estate administration, hosted by the municipal real estate administration authority of the owner of the Realty Management area in which the Committee's first maintenance funds of the principal and interest, transferred to the owner's maintenance fund account established by the Commission.
    17th under any of the following circumstances, the owners ' Committee shall take the relevant procedures to maintenance of bank accounts related to capital account the change: (a) property management area, name changes, (ii) replace a property; (c) the owner happened to replace the Director, Deputy Director of the Commission.
    18th house ownership transfer, the assignee shall have the ownership of housing certificates, identity cards and other materials to household accounts in bank accounts changed procedures.
    19th due to demolition, natural disasters or any other reason resulting in loss of housing by owners, real estate administrative departments of the relevant certificates, proof of the owners ' Committee to the Bank to withdraw funds for their maintenance accounts for household accounts and the balance of the funds in a separate account, and handle the relevant account cancellation procedures.
    Separate fund balances of the accounts by the co-owners, the original proportion of housing floor space were extracted.
    20th article owners Committee or its delegate of property management units, and intermediary institutions should each quarter and designed households bank check once maintenance funds accounts, and will following situation each half to all owners announced once: (a) maintenance funds deposit, and using and balances of amount; (ii) occurred housing maintenance, and update, and transformation of project and costs and by households sharing situation; (three) maintenance funds using and management of other about situation.
    Maintenance funds released by the owners of the accounts have any objections, may require the owner to the Committee for review. 21st bank accounts should be sent to the owners ' Committee on a quarterly maintenance fund account statements.
    Disagrees with the changes of the maintenance funds account of owners ' Committee, may apply to the bank accounts for review.
    Bank accounts should establish maintenance funds query system, accept the owners of individual household account queries.
    22nd maintenance funds of financial management shall implement the relevant provisions of the financial and accounting, and shall be subject to financial supervision in the financial sector.
    23rd maintenance escrow funds unit, shall accept auditing departments audit and supervision.
    Fourth chapter maintenance funds 24th maintenance funds should be earmarked for housing use of common parts, maintenance of common facilities after the warranty expires, renewal and modernization, no unit or individual shall not be appropriated for other purposes.
    Housing subject to property services expenditures according to law the common parts, common facilities operation, maintenance, maintenance funds shall not be used.
    Housing the common parts, common facilities are damaged, shall be borne by the person responsible for its maintenance, updating costs. 25th apportionment of maintenance funds, should follow the principles of burden of who benefited and who, in accordance with the following provisions of Liechtenstein:

    (A) for property management regional total with parts, and total with facilities equipment of, by all owners by by has area of proportion sharing; (ii) for housing ontology total with parts, and total with facilities equipment of, by the housing owners by by has area of proportion sharing; (three) for two households or two households above housing total with parts, and total with facilities equipment of, by related owners by by has area of proportion sharing.
    Setting up separate accounts, using maintenance funds can start separate accounts would be covered by a certain percentage, rest all the owners or the owners concerned in accordance with the provisions of the preceding paragraph of this article share.
    26th general meeting prior to the establishment of needed funds to maintain, by property management unit or related owners according to the maintenance fund maintenance projects using solution, all least two-thirds voting rights held by the owner or owners concerned by, and report to the Department of municipal real estate administration after filing, funding by the bank accounts will be transferred to the property management unit or repair the unit.
    Owners need funds to maintain after the establishment of the General Assembly, presented by the property management unit maintenance funds scheme, adopted by the general meeting in accordance with, and report to the Department of municipal real estate administration after filing, funding by the bank accounts will be transferred to the property management unit.
    Maintenance the use of conditions and procedures shall be separately formulated by the municipal real estate administration authority.
    27th article by about institutions identification, housing total with parts, and total with facilities equipment exists security hidden, or according to about technology specification requirements must maintenance housing total with parts, and total with facilities equipment of, about owners or owners Committee should timely maintenance; not timely maintenance of, property management units should to city property administrative competent sector report, by city property administrative competent sector obliges property management units for maintenance, costs from related owners maintenance funds points households account in the expenditures.
    Property management units should be identified and technical specifications on the owners or owners of the whole publication.
    The fifth chapter legal liability article 28th construction unit, the sale of public housing units are not in accordance with the present article eighth, Nineth provides paid maintenance funds for the first time, the Department of municipal real estate administration ordered to rectify, and to a fine of between 50,000 yuan and 10,000 yuan.
    29th article violation this approach 24th article provides misappropriated maintenance funds of, by city property administrative competent sector recovered misappropriated of maintenance funds, give warning, confiscated illegal proceeds, can and at misappropriated amounts twice times following of fine; property management units misappropriated 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.
    30th of municipal property Administrative Department staff should perform their duties according to law shall not be dereliction of duty, abuse of power, favoritism.
    Violations of the provisions of the preceding paragraph of this article, by their work units or by the competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    The sixth chapter supplementary articles article 31st City real estate administrative departments shall establish a complaint handling system, accept the owners, owners ' committees and property management unit for complaints of violations of these measures.
    32nd and deposit, use of funds for maintenance and other disputes, the parties may resolve on their own, or may initiate litigation to the people's Court according to law.
    33rd before the implementation of these measures, implemented according to relevant policies and provisions to pay maintenance funds should be uniform deposit to bank accounts, their management and use in accordance with the relevant provisions of the measures.
    34th district (City) deposit, use and management of maintenance funds, can be performed in accordance with the measures.
            35th article of the rules take effect on February 15, 2006.