Yinchuan Homes Special Maintenance Fund Management Approach

Original Language Title: 银川市住宅专项维修资金管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Yinchuan homes special maintenance fund management approach

    (May 31, 2012, the 100th meeting of the people's Government of yinchuan city considered by people's Government of yinchuan, July 4, 2012 the 5th release from August 6, 2012) Chapter I General provisions

    First dwelling special maintenance funds for deposit, use and management, guarantees the common parts, common facilities and equipment maintenance and proper use, maintenance special maintenance funds for houses the legitimate rights and interests of the owner, in accordance with the People's Republic of China real right law and property management regulations, property management in yinchuan city Ordinance and other provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Second homes within the municipal district of special maintenance funds deposited, use, management, and supervision, these measures shall apply.

    Residential special maintenance funds in these measures, means earmarked for housing, after-sale public housing common parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation of the capital.

    This approach by said residential total with parts, is refers to according to legal, and regulations and housing sale contract, by single building residential within owners or single building residential within owners and the and of structure connected of non-residential owners total of parts, General including: residential of based, and bearing wall body, and column, and beam, and floor, and roof and outdoor of wall surface, and Hall, and stairs between, and corridor channel,.

    This approach by said total with facilities equipment, is refers to according to legal, and regulations and housing sale contract, by residential owners or residential owners and the about non-residential owners total of subsidiary facilities equipment, General including elevator, and antenna, and lighting, and fire facilities, and green, and road, and street, and ditches, and pool, and well, and non-business sex yards garage, and public style facilities and total with facilities equipment using of housing,.

    Third residential special maintenance fund management accounts store, earmarks, all decision-making, the principle of supervision by the Government.

    Fourth Housing Authority is municipal district residential administrative departments of special maintenance fund, responsible for housing the deposit, management and use of special maintenance fund, its affiliated property management office in yinchuan (hereinafter property) is responsible for the daily management of residential special maintenance funds.

    Municipal Finance Department is responsible for the housing of special maintenance funds management and usage monitoring.

    Chapter II deposit

    Fifth following property owners shall be in accordance with the regulations deposited with the House special maintenance fund:

    (A) the dwelling, but all and and other property owners do not have common parts, common facilities and equipment except;

    (B) non-residential or residential district residential area outside the single residential and non-residential structure.

    Properties listed in the preceding paragraph belong to the sold public housing, housing units should be sold in accordance with the regulations deposited with the House special maintenance funds.

    Sixth city housing security departments should delegate special maintenance funds for commercial banks as a district of houses in the region manage bank accounts and bank account management open house special maintenance fund account. Seventh residential special maintenance funds entrusted to open bank accounts should be signed with the city housing security departments financial regulatory agreement.

    Open House special maintenance fund account, in Realty Management area set for the account, according to housing door set of household accounts.

    Eighth residential owners, according to the owners of non-residential property owners deposited with the residential area of special maintenance fund, the first phase of residential special maintenance fund in accordance with the following standards to residential special maintenance fund of deposit account:

    (A) no elevator deposited with the first residential housing per square metre of floor space of special maintenance funds amounting to 40;

    (B) non-residential, service apartment and Villa per square meter gross amounts deposited with the first residential special maintenance funds for 50 Yuan.

    Listed in the preceding paragraph the first residential special maintenance funds deposited with the standard, based on actual situation of the city should be adjusted and approved by the municipal people's Government announced in a timely manner.

    The Nineth of selling public housing, residential special maintenance funds deposited in accordance with the following provisions:

    (A) deposited with the building area of residential property ownership by the owner in accordance with the special maintenance fund, per square meter gross amounts deposited with the first residential special maintenance funds for the local cost of housing 2%;

    (B) housing units according to the walk-up apartment house for sale in 20%, there is an elevator residential house for sale 30%, lump out of the House for sale residential special maintenance funds. Article property services within the Realty Management area buildings, public facilities, equipment, overhead, within the Realty Management area according to the planning and construction of non-motor vehicle garage (Studio), construction units to a Realty sales contract or other writing commitments supporting all the owners of all residential non residential special maintenance funds.

    Within the Realty Management area, not owned by all the owners of the garage and other non-residential properties should be deposited in accordance with article eighth of this approach for all residential special maintenance funds, bank account management should be based on a door, or spaces, set of household accounts.

    11th first residential special maintenance funds shall be accounted for according to the following time limits and procedures of deposit: (A) commodity residential housing development project construction after signing the sale contract, buyers should first residential residential special maintenance special maintenance fund deposit the full amount of funds account.

    Specific procedures are as follows:

    1, Development Unit carried out development projects of the pre-paid license before or to sell a property, city property office residential special maintenance funds deposited with the Bank for the record;

    2, property, issued by the Office of development project construction household dwelling special maintenance fund deposit notification (hereinafter depositary notifications);

    3, development unit the depositary notifications to buyers, buyers hold depositary notifications to the management accounts deposited with the banks in full for the first residential special maintenance fund;

    4, account management issued by the banks to buyers who deposit certificates. (B) the owners of public housing for sale shall, before going through the formalities of housing, will be the first residential special maintenance special maintenance funds of funds into residential accounts or handed over to the housing units in residential special maintenance fund account.

    Sale of public housing units shall, from the date of receipt of the sale on 30th, extracting residential special maintenance special maintenance funds of funds into residential accounts.

    12th development units of unsold properties and not deposited in full residential property of special maintenance fund, handled by the development project construction home ownership prior to initial registration, in accordance with article eighth of this approach in full deposit of the first residential special maintenance funds.

    Residential special maintenance fund is paid in full and all property, issued by the city property office pay vouchers.

    Deposited in accordance with this regulation the first special maintenance fund, development project construction or delivery of public housing housing unit shall be permitted to house buyers.

    The 13th before the implementation of these measures, sold real estate and sold public housing was not deposited with the House special maintenance fund, city housing security departments should give guidance to owners and the sale of public housing units in accordance with the present article eighth and Nineth articles deposited with the deposit in full and standard residential special maintenance fund, substantial residential special maintenance funds and managed accounts. 14th owner residential special maintenance funds are deposited by the owner at all.

    Housing flats public housing for sale residential special maintenance funds are deposited by housing units all sold.

    15th General meeting before the owners house special maintenance funds deposited by the city property office is responsible for escrow. Owners after the establishment of the General Assembly, decided to manage residential special maintenance funds shall be subject to exclusive parts of buildings with a total area more than two-thirds of owners and owners of two-thirds more than the total number of agreed and commissioned a commercial bank as the housing within the Realty Management area, where the special maintenance fund managing bank accounts.

    Entrusted to commercial banks shall comply with the provisions of the present article seventh. 16th residential special maintenance funds transfer account management unit, decided by the general meeting.

    Owners of residential special maintenance fund management system should be established by the General Assembly, including account management, residential special maintenance fund, continued the preparatory programme and emergency plans, and so on.

    Owners open a residential special maintenance fund account shall be subject to the supervision of the Housing Department.

    17th owners Committee in accordance with the following procedures for residential special maintenance funds transfer procedures:

    (A) the owners Committee take the following information to municipal property Office application record:

    1, the effective resolution of the general meeting;

    2, for discussion and adoption residential special maintenance fund management system;

    3, and House special maintenance fund account management unit signed a written trust agreement basic information such as business licenses, qualifications and management units;

    4, and other relevant information.

    (B) municipal property office after filing, within 30 working days, inform the managing bank accounts within the Realty Management area of the residential special maintenance book balances of funds go to the owners house special maintenance fund accounts opened.

    18th to manage residential special maintenance fund, one of the following circumstances, it, property, the owners ' Committee shall go through the formalities of the variation:

    (A) change the Realty Management area;

    (B) change of owner Committee;

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

    (D) other matters change.

    Article 19th General Meeting decided to entrust the special maintenance fund for city property management residential accounts, property, residential special maintenance funds should account for an owners ' meeting to open accounts, full residential special maintenance funds that have been deposited into the account.

    20th special maintenance funds for owners of residential household book balance less than 30% of the first residential special maintenance funds, should continue in a timely manner.

    Establishment owners and housing management of special maintenance funds have been transferred to a general meeting, residential special maintenance fund continued to make programmes prepared by the owners ' Committee, after agreed by the owners, owners ' Committee has specific responsibility for the implementation.

    Establishment of an owners ' meeting, residential special maintenance fund continued to pay standards, published by the Housing Authority, at current standards, residential special maintenance funds directly deposited by the owner account, and credited the owner of ledgers.

    Chapter III use 21st residential special maintenance funds earmarked for residential shared parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation may not be diverted to any other use.

    Residential common parts, common facilities and equipments daily maintenance costs from the Realty service fees were charged to housing for personal use locations and use the facilities and equipment maintenance and renovation costs, borne by the owners themselves.

    House of the common parts, common facilities and equipment maintenance and renovation and transformation costs assessed in accordance with the relevant provisions of the State.

    22nd surface cleaning, maintenance of buildings that can house special maintenance funds using the appropriate, and in accordance with the relevant departments under the unified plan of the city; not established residential special maintenance fund, borne by the owner of the related costs.

    23rd special maintenance funds transferred to the owners of residential management, require the use of special maintenance funds for houses, according to the following procedure:

    (A) applicants (owners, property management companies, the housing management units or related owners) under recommendations using the maintenance project, 7th in public areas of the property involved publicity; using the recommended maintenance items need to be involved in identification, shall entrust a professional agency to identify and issue identification, appraisal cost included in the cost;

    (B) residential special maintenance capital expenditures within the exclusive parts of buildings with a total area more than two-thirds of owners and owners of two-thirds more than the total number by using the recommendation;

    (C) the applicant to apply to the property, the following information:

    1, special maintenance funds used for residential applications;

    2, maintenance project budget;

    3, engineering and maintenance contracts;

    4 copies of business license and a copy of the certificate of qualification, maintenance units;

    5, maintenance projects identified, should provide professional certificate of appraisal report or issued by the Department of correction the submissions;

    6, and other related materials. (D) municipal property Office accepted the trial, reported to the relevant superior departments after the audit is complete, notify the managing bank accounts to transfer funds to go to maintenance units.

    First maintenance funds allocated cannot exceed the 50% maintenance project budget;

    (E) completion inspection is completed, applicants with the following information to property settlement procedures:

    1, project maintenance contract or settlement agreement:

    Book 2, the budget of the project (or the final verdict) completion inspection information such as;

    3, project invoices;

    4, and other related materials.

    (F) municipal property under maintenance contract or settlement agreements settlement, after deducting the 5% guarantee money, inform the managing bank accounts transferred the remaining funds to repair units;

    (G) project after the warranty expires, eligible, city property Office notifies the managing bank accounts transferred to the maintenance unit warranty gold.

    24th special maintenance funds transferred to the owners of residential management, require the use of special maintenance funds for houses, according to the following procedure:

    (A) the owners proposed residential use of special maintenance funds programme (hereinafter the programme), and usage scenarios for publicity in the public areas of the property, 7th;

    (B) the programme residential special maintenance capital expenditures within the exclusive parts of buildings with a total area more than two-thirds of owner and two-thirds more than the total number of owners;

    (C) owners ' Committee to city property for the record the following information:

    1, residential special maintenance funds using an advance application;

    2, project maintenance contracts;

    3 copies of business license and a copy of the certificate of qualification, maintenance units;

    4, and other related materials.

    (D) municipal property Office accepted the first instance, the City Housing Authority after the audit is complete proof of filing; filed does not comply with the relevant laws, regulations, rules and usage scenarios, the municipal property notice correction of owner Committee and making rectifications, issues the registration certificate;

    (V) filing proof of owners ' Committee to manage bank accounts will be domestic special maintenance funds transfers are required to repair units.

    The owners ' Committee shall promptly within the Realty Management area public housing common parts, common facilities and equipment maintenance plan and maintenance of clearing and cost-sharing.

    25th use escrow escrow Department residential special maintenance funds for the repair project, at a total cost of less than 300,000 yuan from the escrow Department, financial Department and over 300,000 yuan from escrow Department submitted to the municipal financial Department audit the project purpose.

    26th, threatens housing security, emergency, requires immediate residential common area, sharing of facilities, equipment maintenance and renovation and transformation, in accordance with the following procedures use special maintenance funds for houses:

    (A) residential special maintenance funds transferred before the owners ' management, in accordance with the following provisions:

    1, the applicant to apply to the property, the following information:

    (1) maintenance project budget;

    (2) maintain copies of business license and a copy of the certificate of qualification;

    (3) other relevant information. 2, City offices review considered it necessary for emergency repair of the property, be entertained and informed the applicant, and notify management of bank accounts to transfer funds allocated to maintenance units.

    First maintenance funds allocated cannot exceed the 50% maintenance project budget;

    3, after project completion acceptance is complete, the applicant in accordance with the provisions of this article 23rd be the.

    (B) residential special maintenance funds transfers after the owners ' management, in accordance with the following provisions:

    1, the owners ' Committee, property maintenance program, to record the following information:

    (1) engineering and maintenance contracts;

    (2) maintain copies of business license and a copy of the certificate of qualification;

    (3) other relevant information.

    2, city property office reviews concluded that needed emergency, inform the owners ' Committee and proof of filing;

    3, owners ' committees hold record-keeping certification to manage bank accounts to the necessary residential special maintenance funds transfers to repair units.

    After the case of the preceding paragraph, does not provide for maintenance, municipal property Office Organization to repair, maintenance costs from the owners concerned residential account system of special maintenance fund would be covered by involving public housing for sale, also from home special maintenance fund for the public housing expenses.

    The applicants, owners ' committees or municipal property should be emergency maintenance program is completed, in public areas of the property involved in the situation of public emergency maintenance costs and cost-sharing.

    27th residential special maintenance funds balance is insufficient to cover maintenance section, the difference by the general meeting of owners or owners of assessed programme continued to raise.

    28th the following costs shall not be from residential special maintenance capital expenditures:

    (A) that shall be borne by the unit of development project construction or construction of residential common parts, common facilities and equipment maintenance, updating and 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 due to damaged houses the common parts, sharing of facilities and equipment needed to repair costs;

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

    29th the following residential special maintenance funds should be transferred to the Revolving Fund:

    (A) residential storage interest special maintenance fund;

    (B) the use of residential common parts, common facilities operating, proceeds from the owner, but the owner unless otherwise decided by the General Assembly;

    (C) the common facilities after the scrap recycling residuals;

    (D) other countries making use of special maintenance funds for houses of value-added benefits.

    Supervision and administration of the fourth chapter

    The 30th when the transfer of ownership, owners should indicate to the assignee residential special maintenance funds deposited and balances and proof of valid, the account balances in residential special system of housing maintenance housing ownership and transfer of funds.

    Original owners who have not deposited with the House special maintenance fund, the assignee shall, in accordance with published standards to pay that year.

    31st due to demolition, natural disasters or other causes loss of housing, residential special maintenance fund return according to the following provisions:

    (A) the account balances in residential special system of housing maintenance funds owners;

    (B) public housing sold residential special maintenance of unit deposited funds balance return housing units; housing units that do not exist, according to House financial affiliation, collected at the Treasury.

    32nd of municipal property and the owners ' Committee shall be at least once a year and manage bank accounts check House special maintenance fund accounts, and known to the owner, the sale of public housing units the following situations:

    (A) residential special maintenance fund deposit, use, value-added benefits and total balances;

    (B) expenses of project, cost and contribution;

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

    (D) other residential use and management of special maintenance funds.

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

    33rd manage bank accounts should be at least once a year to the municipal property and owners ' committees send residential special maintenance fund statements.

    34th city properties and owners Committee disagrees with the changes in capital account, you can request review management of bank accounts.

    35th of municipal property, the owners ' Committee shall establish residential special maintenance fund inquiry system, buy, sale of public housing units to their household in order to house special maintenance fund, value-added benefits and balance inquiries.

    Article 36th House occurred during special maintenance funds in escrow money management system operation and maintenance costs and administrative expenses, should be compiling the budget, after review by the financial sector, from homes in the value-added benefits of special maintenance fund expenditures. 37th residential energy management and use of special maintenance fund, it shall accept the supervision and examination of financial and auditing departments.

    Audit departments shall regularly residential special maintenance funds in deposit, application audits.

    Residential special maintenance funds financial management and accounting shall implement the relevant provisions of the financial Department of the State Council.

    Housing of special paper for special maintenance fund purchase, use, storage, management, should implement the relevant provisions of the financial Department of the autonomous region.

    The fifth chapter supplementary articles

    The 38th article has two or more owners of non-residential property management of special maintenance fund, in accordance with the measures implemented.

    39th, yongning, Helan County, lingwu residential special maintenance funds deposited, used, and managed in accordance with the measures implemented. 40th these measures come into force August 6, 2012. Approaches within 90 days from the date of execution during the transition period, the transition period has been handling residential property project special maintenance funds deposited with the Bank community, still follow the standard deposit for the first residential special maintenance fund; after the transition period, deposited with the standard implementation of this regulation.