Urumqi, Special Maintenance Of The Property Funds Management

Original Language Title: 乌鲁木齐市物业专项维修资金管理办法

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  Chapter I General provisions article in order to strengthen the special maintenance of the property fund management, safeguard the common parts, common facilities and equipment for normal use, protect legal rights owners, according to the People's Republic of China real right law, State property management regulations and other laws and regulations, combined with the city's actual, these measures are formulated.

Article within the administrative area of the city property of special maintenance funds deposited, use, management, and supervision, these measures shall apply.

Third article city property administrative competent sector is responsible for this city administrative within property special maintenance funds of unified supervision management work, its belongs of city property special maintenance funds regulatory Office (following collectively management institutions) is responsible for commodity residential, and non-residential property special maintenance funds of specific management work; city housing guarantees Management Office (following collectively management institutions) is responsible for public housing property special maintenance funds of specific management work.

Financial, auditing, monitoring and other relevant departments according to their respective responsibilities, do a special maintenance fund of real estate related work.

The district (County) real estate administrative departments, Township people's Governments and street (zone), the duties of the community resident Committee in accordance with the provisions, in charge of special maintenance funds related work.

Article property special maintenance fund account store, earmarking, owner of decision-making, Government oversight, the principles of the beneficiary and the burden is shared by the people.

Owners of all types of properties of the deposit of the fifth article of chapter II shall, in accordance with the regulations deposited with the property special maintenance fund, but all and and other property owners do not have common parts, common facilities and equipment except. VI special maintenance funds should be determined by the owner of the property in accordance with deposit of its floor space to be property owners. First property special maintenance funds of make save standard for: (a) commodity residential, and non-residential property, configuration elevator of, according to this city housing building installation engineering each square meters cost of 8% make save; not configuration elevator of, according to this city housing building installation engineering each square meters cost of 7% make save; (ii) public housing according to each square meters area for local housing reform cost price of 2% make save; sale room units according to multilayer residential not below sale room paragraph of 20%, and senior residential not below sale room paragraph of 30%,

Lump from the House for sale property special maintenance funds.

Deposited with the seventh owner of special maintenance funds belonging to all owners of the property.

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

The eighth owner shall, before going through the House checking, paying special maintenance of the property funds.

Development of pre-sale housing units shall handle the housing prior to initial registration, the unsold housing first properties of special maintenance special maintenance funds of funds into the property account.

Sale of public housing units should be received within 30th of for sale, the extracted property special maintenance special maintenance fund account of funds into public housing properties.

Article property owners of special maintenance funds independent management or by the regulatory body on whose behalf management approach.

Setting up an owners ' meeting before or after the establishment of owners ' decision to not implement autonomous management, special maintenance fund managed by management agencies of their property.

Tenth management should delegate to the city a commercial bank as property of special maintenance fund managing bank accounts and open a special maintenance fund account of the property, 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.

Open a special maintenance fund account of public housing properties, housing units should be in accordance with the sale account, according to the set ratio, building, in which the owner property special maintenance funds deposited, according to housing door number ledgers.

11th article owners decided independent management property special maintenance funds of, should in district (County) property administrative competent sector, and township government or subdistrict offices (tablets district CMC) of guide Xia held owners Assembly, owners Assembly perform following program Hou can authorized owners Committee on property special maintenance funds implemented independent management: (a) owners Assembly on property special maintenance funds implemented independent management of resolution, and management system and determine property special maintenance funds of designed households Management Bank, related resolution matters for vote;

(B) resolutions shall be subject to exclusive parts of buildings within the Realty Management area with a total area more than two-thirds and two-thirds more than the total number of owners voted, (iii) owners meeting, the owners ' Committee shall be a general meeting resolutions and general meeting, held prominent positions within the Realty Management area in publicity, public notice period of not less than 15th. 12th article owners Assembly decided independent management property special maintenance funds of, should according to following program application transfer property special maintenance funds: (a) owners Committee holding owners Assembly resolution, in property special maintenance funds designed households Management Bank open State only designed households, designed households management bank shall not unauthorized change, does needed change of, should by owners Assembly decided Hou written told management institutions; (ii) owners Committee holding property special maintenance funds transfer application, and

Owners Assembly resolution, related information to management institutions handle property special maintenance funds transfer procedures; (three) management institutions since received application information of day up 30th within notification property special maintenance funds designed households Management Bank, will the property management regional within owners make save of maintenance funds book balance designated turned to owners Assembly open state of property special maintenance funds designed households, and will about accounts, information transfer owners Committee.

13th book system of owner property special maintenance fund balances less than 30% of the initial deposit amount shall be promptly renew.

Property of special maintenance funds in escrow by a regulatory body, renew approach formulated by the municipal real estate administration authorities together with the municipal finance department.

By the general meeting of owners autonomous management of special maintenance fund, continued to make programmes decided by the general meeting.

Article 14th during the time property owners of special maintenance fund, not for property management agencies special maintenance funds transfers, changing, opening balance effective evidence and other related businesses.

Third chapter using 15th article property total with parts, and total with facilities equipment maintenance and update, and transformation by needed costs according to following provides sharing: (a) single or multiple property management regional within owners total of costs, by single or multiple property management regional within of related owners according to their has property of area proportion sharing; (ii) single building or more building housing owners total of costs, by single building or more building housing related owners according to their has property of area proportion sharing; (Three) a unit or unit side owners total of costs, by the unit or unit within side housing owners according to their has property of area proportion sharing; (four) a or multiple floors owners total of costs, by the floors or multiple floors housing owners according to their has property of area proportion sharing; (five) sale Hou public housing and commodity residential or non-residential Zhijian total of costs, according to area proportion sharing to the related property; which,

After-sale public housing cost apportionment should be determined 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 (vi) of unsold property total cost of development project construction or public housing units should be in accordance with the floor space of unsold properties in proportion.

Sold public housing maintenance costs funded by housing units and individuals in accordance with the special maintenance fund account balances in proportion to existing property; property has not been established special maintenance fund account owners or insufficient account balance should be in accordance with their respective percentage of area property owners sharing the related costs. 16th property common parts, common facilities and equipment in need of repair and renovation and transformation, the owners ' Committee or the relevant owner shall notify the property services company without property management service, it shall notify the residents of their communities.

The Realty service enterprise or community residents ' Committee shall from the date of receipt of the notification within the 3rd start property applications for special maintenance capital expenditures program. 17th article by management institutions escrow property special maintenance funds of, according to following program using property special maintenance funds: (a) property management regional within has property service enterprise of, by property service enterprise proposed using application; property management regional within no property service enterprise of, by where community residents Committee proposed using application; (ii) management institutions for site survey, making site exploration report; (three) property service enterprise or community residents Committee according to maintenance and update, and transformation project developed using programme, And in property management regional within of significantly location publicity using programme, publicity period shall not less than 7th; (four) using programme by property special maintenance funds expenditures range within proprietary part accounted for buildings total area two-thirds above and accounted for total number two-thirds above of owners agreed; (five) property service enterprise or community neighborhood organization implementation using programme; (six) property service enterprise or community neighborhood holding about material, to management institutions application expenditures,

And in prominent positions within the Realty Management area public property relevant to the special maintenance fund; (g) the authority for examination and approval, to the properties of special maintenance fund managing bank accounts transferred property notice of special maintenance fund, manage bank accounts required special maintenance funds transferred to the repair of the property units. 18th article by owners Assembly independent management property special maintenance funds of, according to following program using property special maintenance funds: (a) property service enterprise proposed using programme, using programme by property special maintenance funds expenditures range within proprietary part accounted for buildings total area two-thirds above and accounted for total number two-thirds above of owners agreed; (ii) property service enterprise organization implementation using programme organization implementation using programme, holding about material to owners Committee proposed expenditures property special maintenance funds

; Use public housing property special maintenance funds of, to management institutions application expenditures; (three) owners Committee audit through using programme, written told management institutions; use public housing property special maintenance funds of, by management institutions audit agreed; (four) owners Committee, and management institutions to property special maintenance funds of designed households management bank issued designated turned property special maintenance funds of notification, designed households management bank will by needed property special maintenance funds designated turned to maintenance units.

19th article has following case one of need immediately on property total with parts, and total with facilities equipment for maintenance and update, and transformation of, maintenance costs can directly from related owners of property special maintenance funds in the expenditures: (a) roofing waterproof damaged caused housing leakage serious of; (ii) Elevator appeared fault endanger personal security of; (three) floor single side outside State surface one-fifth above has off dangerous of; (four) fire system appeared function obstacles of; (five) drainage pipeline serious jam or fracture of;

(Vi) other housing safe and owners of normal life-threatening emergencies.

20th article need immediately on property total with parts, and total with facilities equipment for maintenance and update, and transformation of, according to following provides expenditures property special maintenance funds: (a) by management institutions escrow property special maintenance funds of, according to this approach 17th article subsection (a) items, and subsection (ii) items, and subsection (five) items, and subsection (six) items, and subsection (seven) items of provides handle.

(B) by a general meeting of owners autonomous management of special maintenance fund, in accordance with article 18th of this approach (b), (c) and (d) of the regulations.

21st special maintenance funds using the property occurred during the bidding, project quality management, project cost audit and related costs from property in a special maintenance fund expenditures.

22nd article following costs shall not from property special maintenance funds in the expenditures: (a) law should by development units or construction units bear of property total with parts, and total with facilities equipment maintenance, and update and transformation costs; (ii) water, and power, and gas, and heating, and communications, and wired TV, and broadband data, professional business units bear of owners points households measurement device and the households port yiwai facilities equipment of maintenance, and conservation, and update costs;

(Three) for human damaged and the other reasons should by party bear of property total parts, and total facilities equipment of repair costs; (four) according to property service contract of agreed, should by property service enterprise bear of property total part, and total facilities equipment maintenance, and conservation costs; (five) outside eaves, and roofing, parts separate for owners using, should by owners itself bear of maintenance costs.

23rd article following funds should into property special maintenance funds accumulated using: (a) property special maintenance funds provides of storage interest; (ii) using property special maintenance funds purchase bonds of value-added returns; (three) using property total with parts, and total with facilities equipment for business of proceeds returns, but owners Assembly another has decided of except; (four) property total with facilities equipment scrap Hou recycling of residual value; (five) owners Assembly or owners voluntary raised make save of payments; (six) other by provides into of funds.

Fourth article 24th of supervision and management departments shall, together with the municipal real estate administration, fiscal and other departments on the property on a regular basis special maintenance funds deposited and check usage, standardize and improve the property and the use of special maintenance funds and management.

25th article management institutions or owners Committee should regularly and designed households management bank check property special maintenance funds accounts, and to owners announced following situation: (a) property special maintenance funds of make save, and using, and value-added returns and balances of amount; (ii) occurred expenditures of project, and costs and sharing situation; (three) owners points households account in the property special maintenance funds make save, and using, and value-added returns and balances of amount; (four) other about property special maintenance funds using and management situation. 26th article of owners on the management agencies or owners the article 25th of this approach, the Committee disagrees with the required conditions, may request a review.

Authorities or the owners ' Committee shall be from the date of receipt of the application for review in the 7th with a response.

27th on the premise of ensuring special maintenance funds for normal use of the property, property special maintenance fund in accordance with relevant regulations of the State for the purchase of government bonds.

Property special maintenance funds must not be used in repo, principal financial services or will buy Treasuries to mortgage, pledge or other security.

28th properties of special maintenance fund, the management bank shall establish the information management system and maintenance funding inquiry system, accept the owners of household property special maintenance funds in the accounts of its use, value-added benefits and balance inquiries.

When depositing or owners of using ledgers in accordance with bank deposits carry interest at a rate; the rest had not changed the owners household accounts in accordance with bank deposits carry interest at a rate over the same period.

29th property of special maintenance funds in escrow from regulatory bodies, it shall accept the supervision of Audit Department, inspection department.

By the general meeting of owners autonomous management of special maintenance fund, management bodies, district (County) real estate administrative departments, Township people's Government or the street (zone) management and should be used to strengthen the guidance and supervision.

Fifth chapter legal responsibility of 30th article violates these rules, penalties have been relevant laws, rules and regulations, from its provisions.

Received property service enterprises since the 31st article owners ' committees or owners concerned a written notice within 3rd day of, property special maintenance fund expenditures are not started the application process, the Department of municipal real estate administration rectification; fails, fined a maximum of more than 5000 10000 Yuan.

Community residents receiving the owners ' Committee or the owners concerned a written notice within 3rd day of, property special maintenance fund expenditures are not started the application process, from Township people's Governments or neighborhood offices (CMC) rectification; it fails, in charge and other direct liable persons shall be given administrative sanctions. 32nd article by owners Assembly independent management property special maintenance funds, owners Committee and members violation this approach provides, has following case one of of, by city property administrative competent sector ordered deadline corrected; caused economic loss of, law bear corresponding compensation responsibility; constitute crime of, law held criminal: (a) not by this approach provides established property special maintenance funds designed households or not breakdown each households owners of points households account of; (ii) using property special maintenance funds engaged in bonds repo, and

Entrusting business or buying Government bonds as collateral, mortgage guaranty.

Article 33rd misappropriation of property of special maintenance funds according to law by the municipal real estate administrative departments of special maintenance funds misappropriated property and give a warning, and may be fined not more than twice times the amount misappropriated constitutes a crime, criminal responsibility shall be investigated according to law.

Misappropriation of property of special maintenance fund management institutions, in addition to the provisions of the first paragraph out, should also be directly responsible for the charge and other direct liable persons shall be given administrative sanctions.

Property services companies misappropriated property special maintenance fund in serious cases, in addition to the provisions of the first paragraph out, it shall revoke the certificate.

34th City real estate administrative departments, authorities, other relevant departments and their staff on the property management of special maintenance fund abuse, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

Sixth chapter supplementary articles article 35th property special maintenance funds in these measures refers to specially for common parts and facilities after the expiry of the warranty repair, renovation and transformation of the capital.

The common parts of the property mentioned in these measures refers to is shared by the owners of the main load-bearing structure of the premises (including infrastructure, internal and external load bearing walls, columns, beams, floors, roofs, etc), hallways, stairwells, elevators, corridors, etc.

Sharing of facilities and equipment in these measures refers to the property area water supply and gas supply pipe, tanks, pressure pumps, elevators, antennas, lighting, and fire-fighting facilities, green spaces, roads, ditches, ponds, wells, non-operating parking garages, public cultural and sports facilities and common facilities used for housing.

36th article this way prior to the implementation of development project construction has been made of the pre-sale permit, their initial property deposit of special maintenance funds in accordance with the standard. 37th these measures shall come into force on December 31, 2015.