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Chengdu City Housing Interim Measures For The Management Of Special Maintenance Funds

Original Language Title: 成都市城市住房专项维修资金管理暂行办法

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(The 11th ordinary meeting of the Metropolitan Government of 11 February 2004 considered the adoption of the Ordinance No. 103 of 8 March 2004 on the Government of the Metropolitan People, which came into force on 1 April 2004)

Chapter I General
Article 1 provides for the maintenance of the legitimate rights and interests of the owners of the industry, the establishment of the Urban Housing Maintenance Guarantee Facility, the strengthening of the management of specific housing maintenance funds, and the development of this approach, in line with the Department of State's Regulations on the Management of Goods.
Article 2
Article 3 of this approach refers to specific housing maintenance funds (hereinafter referred to as dedicated maintenance funds) that are dedicated to the maintenance, updating, adaptation of funds for the maintenance of common facilities after the expiry of the maintenance period.
This approach refers to the owner of the house.
This approach refers to the presence of a house within which the main owners of the house are housed, the use of a shared house subject to heavy structures, outside walls, doors, buildings gradients and other departments that use and functionally serve the building.
This approach refers to the cohabitation of facilities in the area of operation management or single houses, with the owners of the industry, the use of the water pipeline, the ladder, the supplying facilities, firefighting and security control facilities, the public utility complex consortia facility, greenfields, roads, road lights, non-commercial parking spaces and the housing used for courial facilities.
Article IV owners who have more than two homeowners, non-residents in the residential small area or non-residents connected to a single home building structure should be established in accordance with this approach.
Article 5. Specific maintenance funds are subject to the principles of harmonization of contributions, exclusive storage, decision-making by owners, earmarking, integrated regulation.
Article 6. Municipal properties management is the competent authority for special maintenance funds in this city and is responsible for the uniformization and supervision of funds earmarked for maintenance in the city. The district (market) properties management is responsible for the collection and use of oversight over specific maintenance funds within the Territory, as required.
Article 7. The property management should establish a system for the admissibility of complaints and receive complaints from the owners of the industry and the owners' committees established by the General Assembly.
Chapter II Contributions of earmarked maintenance funds
Article 8. For the first time, dedicated maintenance funds for commodity housing are deposited by the Real estate Development Unit and the purchaser, respectively:
(i) The construction unit of the real estate development unit has contributed 3.5 per cent of the cost of the ladder's house, which has not been ITUed by 3 per cent of the cost of each square metre of construction; the earmarked maintenance funds that have been made available to enter the current sales costs and belong to all the owners of the industry in the region.
(ii) The owner's contribution to a gradient house at 2.5 per cent of the cost of each square metimetre building, which is owned by 2 per cent of the cost of each square kilometre building, and the special maintenance fund is owned by the owner.
The cost of each square metimetre of construction is regularly issued by the municipal properties management.
Article 9
(i) The establishment of the property development unit shall, prior to the initial registration of the owner of the commodity property, make the first earmarked maintenance fund for the commodity housing available to the exclusive management bank, in accordance with article 8, paragraph (i), of this approach.
(ii) The purchaser shall, prior to the registration of the home-owner, make the initial earmarked maintenance fund for the purchase of the commodity premises available to the exclusive administration bank, in accordance with article 8, paragraph (b), of the scheme.
(iii) The communes that have not yet been sold at the time of the establishment of the General Conference, and the Real estate development units shall, within 30 days of the date of the inauguration of the Conference, make up to the ladder's homes and unqualified houses, which will be paid to the exclusive management bank, respectively, at 2.5 per cent and 2 per cent of the cost of each square kilometre. In the case of the sale of commodity premises, the initial special maintenance funds received were transferred from the purchaser.
Article 10
(i) The property unit extracts 30 per cent of the ladder's housing under the sale of the ladder's housing by 20 per cent of the resale housing.
(ii) The purchaser's receipt by 2 per cent of the sale of property, which is owned by the owner of the purchaser.
Article 11. The time frame for the first special maintenance fund after the sale of public housing:
(i) The resale unit has been deposited with the exclusive management bank on 30 days from the date of the relocation of the property to the unit's housing funds.
(ii) The purchaser, prior to the registration of home titles, has been deposited to the exclusive house management bank.
Article 12 Construction units for real estate development, public housing resale units, when selling homes, shall agree with the purchaser to pay for the first specific maintenance fund in the contract. An application for the registration of home ownership should be submitted to the home property registry authorities for the first dedicated maintenance funds from the exclusive management bank.
When the balance of specific maintenance funds for one or one house is less than 30 per cent of the first dedicated maintenance funds, the owner of the house should continue to fund dedicated maintenance.
The programme for the continuation of special maintenance funds was developed by the Commission of the owners, which was specifically implemented by the Commission, following the decision of the Conference.
Article 14. Using the house of the owner in accordance with the law, which is operated by the co-location and co-location of facilities, the proceeds of the owner should be used primarily to supplement the earmarked maintenance funds and to share the accounts of the owner.
Utilization of the regional co-location of facilities under the law of the owners of the industry shall be used primarily to supplement earmarked maintenance funds and to share the accounts of the owners of the industry.
When the homeowner's ownership transfer is transferred, the funds of the special maintenance fund are transferred in parallel to the ownership of the home, with the balance of payments made by the owner to the funds earmarked for maintenance, which is paid by the transferee to the original owner and with the exception of the agreement between the parties.
In the area under which special maintenance funds have been established, home ownership transfers have not been made by the owners of the original industry for the first special maintenance funds or the resulting shortfall in the balance of the earmarked maintenance funds, which are due in consultation with the transferee, and the transfer of ownership of the home will be registered after the transferee has completed the full payment.
Chapter III Management of dedicated maintenance funds
Article 16 shall enter into a commissioning contract with the Commercial Bank (i.e. the exclusive administration bank), entrust the exclusive administration with the establishment, receipt, use, settlement, etc. of the special maintenance fund accounts, and establish a dedicated occupier of funds for maintenance in the city with the exclusive administration.
Of the special maintenance funds earmarked, special maintenance funds should be established, with a unitary account in the area of property management and with a sub-household of home households, to document the collection, use, storage, etc. of sub-household accounts. The property development unit, the public housing resale unit, the first earmarked maintenance funds collected are shown separately in the area of property management.
The special maintenance funds have been made available from the date of deposit of the earmarked funds for maintenance, and are available annually in accordance with the relevant provisions of the People's Bank of China.
Article 17 was not established by the General Assembly and for the first time special maintenance funds were regulated by the commune property management.
After the establishment of the General Conference of the Mains of the Industrial Development Board, the Board shall, in accordance with article 16, paragraph 2, of the scheme, have the following information to the exclusive management bank for the purpose of maintaining the funds account in the area under which the material industry is located:
(i) Establishment of a bank account declaration form;
(ii) Establishment of a documentation by the Commission;
(iii) A directory;
(iv) Contracts for work services;
(v) Other relevant information.
The management of the accounts established by the special maintenance fund account, which is the responsibility of the Commission or is entrusted with the management of enterprise or social brokering.
The special maintenance fund accounts are subject to the integrated regulation of the municipal property management.
Following the establishment of a dedicated maintenance fund account by the Main Committee of Article 19, it should be communicated in writing to the district (market)-based properties management in which the first special maintenance fund is to be administered by the municipal property management and transferred to the dedicated maintenance fund account established by the main committee.
Article 20, in one of the following cases, is governed by the relevant procedures to the Excellence Management Bank for the processing of specific maintenance funds accounts:
(i) Changes in the area of property management;
(ii) Changes in the management of the property industry;
(iii) The Director, Deputy Director of the Commission of Industry, took place.
Article 21 is due to the transfer of home ownership, such as sale, grant and etc., and the transferee shall have a housing title certificate, identification, etc., to the exclusive management bank for the processing of sub-households.
Article 2, which causes the loss of homes for reasons such as demolitions, disasters, is subject to the financial balance of the funds transferred from the exclusive house-specific maintenance funds from the exclusive administration bank after the operation of the appropriate procedures, and procedures for the write-off of the sub-accounts.
Article 23 allows the Commission to check the accounts of special maintenance funds in the area of operation management for a half-year period with the exclusive management bank and to make it available. The owners of the industry object to the publication of the earmarked maintenance accounts, which may require the review of the Commission.
The Excellent Management Bank shall send a special maintenance fund account to the Entrepreneurship Commission on a quarterly basis, which has contested changes in the special maintenance fund account and may apply for re-entry to the exclusive management bank.
The exclusive management bank should establish a special maintenance fund search system to receive inquiries from the owners.
The management of dedicated maintenance funds is governed by law by the audit, financial and other sectors.
Chapter IV Use of dedicated maintenance funds
Article 25 Specific maintenance funds should be used for use under this approach, which is to be subject to routine maintenance at the expense of the goods and services, without the use of dedicated maintenance funds.
units such as water supply, electricity, telecommunications, communication and cable television should be legally responsible for the management and maintenance of facilities and equipment in the region without the use of dedicated maintenance funds.
A total of MOE and a shared facility equipment are man-made damage and their maintenance, updating costs are borne by the responsible person.
Article 26 Assessment of the use of special maintenance funds should be guided by the principle of who is the beneficiary of the owner, as set out below:
(i) For the management of regional co-location facilities, the owners of the industry are assessed on the proportion of the buildings owned.
(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 houses, a shared facility equipment, is shared by their owners on the basis of the proportion of the building area owned by them.
Article 27 does not establish special maintenance funds to be used by the Conference of the owners of the industry or by the owners of the relevant industry to make use programmes based on maintenance projects, which are adopted by more than two thirds of all owners of the specialized maintenance funds and are reported to the district (commune) wards, and by the exclusive management bank to transfer the funds required to the enterprise or maintenance units.
After the establishment of the General Conference, special maintenance funds are required, and the annual use programme is proposed by the owner management company, which is adopted by law by the General Assembly and is reported to be submitted to the territorial (market) district properties management, and the funds required for the year are transferred from the exclusive management bank to the property management enterprise.
The conditions for the use of special maintenance funds are established separately by the municipal housing sector.
Article 28, which is validated or subject to relevant technical norms, requires the maintenance of homes or facilities, shall be promptly recommended by the owner or the owners' committees for maintenance and report to the district (market) property management in the area in which it is located; the district (market) territorial management shall be subject to the supervision of the duration of maintenance of the commission of the owners or owners of the industry, the maintenance of the business and the costs incurred by the relevant owners.
In the event of a security concealment that endangers public interest and the legitimate rights and interests of others, the responsible person should be repaired in a timely manner and the owner concerned should cooperate. The responsible person does not fulfil the obligation to maintain maintenance and, with the consent of the General Conference, may manage the maintenance of the enterprise and the cost borne by the responsible person.
Chapter V Legal responsibility
Article 29 Construction units for real estate development have not been charged under article 8, subparagraph (a), of this scheme, with Article 9, paragraph (iii), for the purpose of holding or paying the initial earmarked maintenance funds in full, and are charged by the municipal or district (market)-based properties management for the period of time, warnings and fines of up to $30,000.
Article 33 of the public housing sales unit is not subject to the provisions of article 10, paragraph 1 (i), of this scheme, to the extraction or full withdrawal of specific maintenance funds, and the fiscal sector of the city or area (market) and the property management shall be responsible for the lifting of the period of time; the delay is not overtaken, which shall be warned by the city or district (community) and may be fined up to $30,000.
Article 31 misappropriation of earmarked maintenance funds, in accordance with article 63 of the Regulations on the Management of Goods by the Department of State.
Article 32, the property management and its staff use the facilities of their duties, receive the property of others, do not carry out their oversight functions under the law, or find that the offence is not investigated, shall be treated in accordance with the law and constitute an offence punishable by law.
Annex VI
Article 33 disputes arising as a result of the deposit, use and use of special maintenance funds may be resolved by the parties in their own consultations, without consultation and may be prosecuted by law to the People's Court.
Prior to the implementation of Article 34, the owners of the industry should convene, in accordance with the law, a decision by the Conference of the owners of the industry to deposit the initial earmarked maintenance funds in accordance with the provisions of the Convention.
Prior to the implementation of this approach, funds earmarked for maintenance have been transferred in accordance with the relevant policy provisions, which should be managed and used in accordance with the relevant provisions of this approach.
Article XV establishes special maintenance funds for non-residents with more than two housing owners outside the home area, taking into account this approach.
The host, management, use and supervision of earmarked funds for maintenance in the city's urban planning area is carried out in the light of this approach.
The question of the specific application of this approach is explained by the Authority of Tropical Housing.
Article 37 of this approach is implemented effective 1 April 2004. The relevant provisions developed in the past of this city are inconsistent with this approach.