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Shantou Special Economic Zone Housing The Special Maintenance Fund Management Approach

Original Language Title: 汕头经济特区住宅专项维修资金管理办法

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  First chapter General first article to specification residential special maintenance funds management, guarantees property total with parts, and total with facilities equipment normal using, maintenance owners lawful rights and interests of, according to people's Republic of China real right method, and State property management Ordinance, and Guangdong Province property management Ordinance and Shantou special economic zone property management Ordinance, legal, and regulations, combined Shantou special economic zone (following referred to SAR) actual, developed this approach.

Article within the scope of the special zone House special maintenance funds deposited, and supervision and management, application of this approach.

Third residential energy management of special maintenance funds follow the account store, earmarks, owners decision, the principle of supervision by the Government.

Residential special maintenance funds earmarked for the common parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation.

Fourth municipal real estate administrative departments in charge of organizing the implementation of these measures and specific charge of Jinping district, longhu residential special maintenance fund management.

Haojiang district, chenghai, Chaoyang District, Chao nan, Nan ' ao County real estate houses the administrative departments in charge of the area of special maintenance fund management.

Finance, audit, housing and urban-rural construction, banking supervision and management, real estate administrative departments and institutions, according to their respective responsibilities do the House special maintenance fund management related work.

Following property owners of the deposit of the fifth article of chapter II shall, in accordance with residential special maintenance funds deposited as provided herein: (a) commercial residential buildings, but all and and other property owners do not have common parts, common facilities and equipment except, (ii) non-residential or community in the commercial residential communities and outside buildings (building) is connected to the residential structures non-residential.

Properties listed in the preceding paragraph belong to the sold public housing, housing and housing unit should be deposited as provided herein for sale residential special maintenance funds.

Owners of residential special maintenance funds that belong to the owner of the deposit of all; housing flats public housing for sale residential special maintenance funds deposited by housing units all belong to the sale.

Sixth city and County real estate administrative departments under the local factors such as annual average cost of construction and installation engineering, identification, announced the first residential standards of special maintenance funds deposited, and adjust.

Article seventh real estate administrative departments under an open, fair and impartial principles, as well as the service quality of commercial banks and other factors, commissioned a commercial bank, as a special maintenance fund managing bank accounts (hereinafter referred to as managing bank accounts), and to the public.

Real estate administrative departments shall House and account management banks the special maintenance fund regulation.

Eighth residential special maintenance fund special account should be established in the managing bank accounts.

Residential special maintenance funds account for four-level accounts, real estate administrative departments total accounts as level account, according to the Realty Management area or property on a secondary account, according to the building (building) a three-tier accounts, in unit's four-level account.

Residential residential special maintenance special maintenance funds shall be deposited to the Fund accounts and accounting unit.

Nineth article commodity residential of development units should in designed households Management Bank established residential special maintenance funds designed households, established Qian should to property administrative competent sector handle record procedures, and submitted following information: (a) established designed households of record table; (ii) property management regional record receipt and the early property service contract record receipt; (three) construction engineering planning license; (four) construction engineering planning total plane figure; (five) property area mapping results; (six) project named file and the House address proved;

(VII) corporate business license; (VIII) corporate attorney and agent identification.  

The sale of public housing units should be set up residential special maintenance fund in managing bank accounts special account prior to the establishment of reference should be made to the property as provided in the preceding paragraph the competent administrative Department for record.

Article tenth sale nets after signing of the contract, buyers should first residential residential special maintenance special maintenance funds direct deposit funds account.

Of development project construction network for home sales contract signed when filing procedures, should provide management accounts first residential special maintenance fund issued by a bank deposit certificates.

11th article has sale public housing of purchase people should according to national provides proportion, will first residential special maintenance funds directly deposit residential special maintenance funds designed households, or delegate sale room units deposit residential special maintenance funds designed households; sale room units should in received sale room paragraph of day up 30 within, according to national provides proportion one-time extraction residential special maintenance funds, deposit residential special maintenance funds designed households.

12th had not been deposited with the residential special maintenance funds pursuant to this regulation, network real estate administrative departments shall not handle real estate sales contract signed filing procedures, delivery of development project construction may not be house buyers.

Before the 13th article of the implementation of the measures of development project construction, property management companies have been collecting residential special maintenance fund shall be from the date of implementation of these measures declared to the real estate administrative departments in the 30th.

Collecting residential residential special maintenance special maintenance funds should gradually deposited in full capital account, specific measures shall be prescribed separately by the Department of municipal real estate administration.

Although the 14th General meeting of owners or the owners before the establishment of the General Assembly has set up but is not required to transfer residential special maintenance fund, House special maintenance funds from escrow real estate administrative departments.

15th residential account system of special maintenance funds insufficient balance in the first 30% of the deposited amount, the owner should continue in a timely manner to the initial deposit amount.

Residential special maintenance funds from escrow real estate administrative departments, according to property deposited with the standards published by the Administrative Department, directly by the owners continued residential special maintenance funds pay into account and included in the ledgers of the owners.

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, approval of the general meeting and after real estate administrative departments, specifically responsible for the implementation of the owners ' Committee. 

Chapter III use 16th residential energy use of special maintenance funds follow the convenient, open and transparent, beneficiaries and the burden of people in line, who benefit from the who principle of burden. 17th article property total with parts of maintenance and update, and transformation range including: (a) roofing waterproof layer damaged, top layer room leakage of; (ii) building outside wall appeared rain leakage, caused outside wall within surface soaked; (three) building outside wall outside decorative layer appeared crack, and off or empty drum rate over national corresponding standard, and specification of provides value; (four) building insulation layer appeared damaged or off, or building insulation bad caused outside wall within surface appeared wet, and knot dew, and knot cream or mildew; (five) outside wall and the stairs between, and

Public corridor finishing layer of cracked, rust, blistering, warping, flaking, pollution; (vi) Bay Windows in public areas, porch eaves, stair and maintenance of handrails, walls, gates and other damage occurred, and (VII) of damaged doors or screens in public areas; (h) the properties of common parts in need of repair and renovation and transformation of other cases. 18th article property total with facilities equipment of maintenance and update, and transformation range including: (a) elevator and the main parts of maintenance or replaced; (ii) avoidance mine facilities cannot meet security requirements of; (three) monitoring facilities, and fire system appeared function obstacles or part equipment, and parts damaged serious of; (four) floor within drainage (sewage) equipment appeared fault, drainage pipeline leaking, and rust serious, sewage pump rust or other equipment damaged of; (five) tank, and pumping station, two times water facilities damaged need maintenance and update, and

Transformation; (f) the common facilities in need of repair and renovation and transformation of other circumstances.

Article 19th of the common parts, common facilities and equipment maintenance and renovation and transformation costs, expenditures from the residential special maintenance fund, except as provided in article 29th of this approach.

The common parts, common facilities and equipment maintenance and renovation and transformation of services needed for supervision, evaluation and bidding costs, can be used as a repair and renovation and transformation costs from residential special maintenance capital expenditures.

20th article using residential special maintenance funds on property total with parts, and total with facilities equipment for maintenance and update, and transformation of, according to following provides sharing: (a) all owners total of total with parts, and total with facilities equipment, by all owners according to their has housing area of proportion sharing; (ii) single building (building) housing within owners total of total with parts, and total with facilities equipment, by the building (building) housing of all owners according to their has housing area of proportion sharing;

(Three) proprietary part using range within of total with parts, and total with facilities, according to property service contract of agreed sharing; not agreed of, by benefit of owners according to their has housing area of proportion sharing; (four) adjacent owners total with parts of maintenance, by adjacent owners according to their has housing area of proportion sharing; (five) and housing structure connected of car garage of maintenance, by garage total with relationship of owners according to their has spaces of proportion sharing;

(F) the sold public housing and sold public housing and housing or shared between non-residential parts, common facilities and equipment maintenance and renovation and transformation costs, in accordance with the relevant provisions of the State allocation.

Landlords residential special maintenance of the household in order to have enough money to pay the costs, the difference borne by the owner. 21st article using residential special maintenance funds on property total with parts, and total with facilities equipment for maintenance and update, and transformation of, according to following provides determine organization implementation subject, but property belongs to has sale public housing of, by public houses management units organization implementation: (a) has election produced owners Committee of, by owners Committee organization implementation, or by owners Committee delegate property service enterprise organization implementation; (ii) not election produced owners Committee of, by related owners organization implementation,

Or commissioned by the owners property management service implementation.

22nd article using residential special maintenance funds on property total with parts, and total with facilities equipment for maintenance and update, and transformation of, organization implementation subject should proposed using programme, using programme should including maintenance and update, and transformation of project and engineering costs budget, and expenditures range, and organization implementation way, content; maintenance and update, and transformation of project by identification or detection of, should will identification, and detection, proved material as using programme of annex.
Public areas of the property involved in the scheme should be prominently publicized 7th above and expenditures within the exclusive parts 2/3 per cent of the total area of the building owners and owners of 2/3 more than the total number of vote.

Article 23rd House votes for the special maintenance fund scheme, managed by the owners in the statute or the landlord agreed in the rules of procedure of the General Assembly entrusted votes, collection, default vote, objection votes vote.

In public areas of the property involved in the results of the vote should be prominently publicized more than 3rd. 24th article residential special maintenance funds by property administrative competent sector escrow of, its using according to following program handle: (a) organization implementation subject proposed using programme by vote agreed Hou, holding residential special maintenance funds using application table, and vote results and proved, and using programme and the engineering costs budget, and construction contract, material, to property administrative competent sector record, handle residential maintenance funds designated turned procedures; (ii) property administrative competent sector since accepted of day up 5 a days within for audit, meet using conditions of,

Notification designed households management bank to transfers way to construction units designated turned first residential special maintenance funds; (three) engineering acceptance qualified Hou, organization implementation subject holding construction contract, and engineering acceptance single, and engineering accounts single, and engineering invoice, material, to property administrative competent sector handle settlement procedures; (four) property administrative competent sector since accepted of day up 5 a days within for audit, meet settlement conditions of, notification designed households management bank to transfers way to construction units designated turned remaining of residential special maintenance funds.

Construction contract shall stipulate the special maintenance funds for houses scale phased transfer and quality warranty and guarantee, which, the first transfer shall not exceed the total project budget 50%, quality security deposit shall not be less than the project cost a total budget of $5%.

25th special maintenance fund managed by the owners of the House, the use of the owners ' meetings to decide.

Owners of residential use of special maintenance fund shall conform to the national, provincial and relevant provisions in the Hong Kong Special Administrative Region, and reported real estate administrative departments for the record.

Article 26th residential special maintenance funds for the common parts, common facilities for maintenance and updating, after the transformation, the organization subjects should be within 5th since the date of completion of construction cost settlement, involved in prominent positions within the works of publicity expenses in public areas of the property settlement and allocation, and so on. 27th article occurred following endanger public security and property using function, emergency situation Shi, organization implementation subject should immediately using residential special maintenance funds, organization implementation should acute maintenance and update, and transformation: (a) roofing, and outside wall waterproof damaged caused leakage of; (ii) Elevator, and fire, and security, total with facilities equipment exists serious security hidden of; (three) floor outside wall wall surface has off dangerous, endanger personal security of; (four) water, and drainage facilities collapsed, and jam, and burst, two times water pump, facilities damaged of

(V) other emergency endangering public safety and property features.

According to the provisions of the preceding paragraph to use residential special maintenance funds for emergency repairs and renovation and transformation, may not perform these procedures on the use of publicity and voting procedures of the programme requirements.

28th organization subjects is not in accordance with the article 27th provisions organizing the implementation of emergency repair and renovation and transformation, housing security responsibilities, the Realty service enterprise or community residents applied for, can be carried out by the Administrative Department of real estate on behalf of the Organization, the cost thereof from the owner's home account system of special maintenance funds for the expenses.

29th article following costs shall not from residential special maintenance funds in the expenditures: (a) law should by development units or construction units bear of residential total with parts, and total with facilities equipment maintenance and update, and transformation costs; (ii) law should by related units bear of water, and power, and gas, and heating, and communications, and wired TV, pipeline and facilities equipment of maintenance, and conservation costs; (three) law should by party bear of for human damaged residential total with parts, and total with facilities equipment by needed of 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.

Supervision and administration of the fourth chapter article 30th home ownership by sale, donation, inheritance, transfer and residential special maintenance funding individual accounts with the balance of home ownership and transfer, the new owner shall take the property cards, identity cards, and other related materials to special accounts management accounts system of Bank renaming procedures.

When the ownership transfer of housing, residential household accounts of special maintenance fund balances less than 30% of the initial deposit amount, ownership transfer real estate administrative departments shall, in accordance with published standards continued to the first deposit the deposit amount, and did not renew it, real estate registration agency shall not handle ownership transfer.

31st article for demolition, and natural disasters or other reasons led housing out lost of, residential special maintenance funds according to following provides processing: (a) points households account in the balances of residential special maintenance funds returned owners, temporarily cannot found owners cannot returned of, by property administrative competent sector escrow; (ii) public housing sale room units make save of residential special maintenance funds balance returned sale room units, sale room units not exists of, according to sale room units financial membership relationship collection sibling Treasury.

In accordance with the provisions of the preceding paragraph for the residential special maintenance funds or withdraw procedures, registration should be available to manage bank accounts drop registration certificates issued by the Agency, and the household account cancellation procedures.

32nd residential special maintenance funds from escrow real estate administrative departments, on the premise of ensuring normal residential special maintenance funds used, in accordance with the relevant provisions of the State Commission bank accounts savings, buying bonds and other means to increase their value.

Article 33rd account managing bank residential annual collection of special maintenance funds should be used to submit real estate administrative departments, accept supervision; property Administrative Department disagrees, you can request review management of bank accounts.

Manage bank accounts should be established residential special maintenance fund query system to help the landlords, the sale of public housing units for household residential special maintenance funds in the accounts of its use, value added and balance inquiries.

Article 34th residential special maintenance of escrow funds the Department of real estate administration, occurred during the escrow fund management system operation and maintenance costs and management fees, as special financial funds in the real estate administrative departments budget.

35th residential special maintenance funds from escrow real estate administrative departments, shall be subject to auditing departments audit and supervision.

36th residential special maintenance funds financial management and accounting information should be prepared in accordance with the relevant provisions of the financial sector.

Financial departments should strengthen the special maintenance funds for houses of financial management and oversight of the implementation of the accounting system.

37th residential special instruments for special maintenance fund purchase, use, storage, management, shall be executed in accordance with the relevant provisions of the financial sector, and accept the supervision of the financial sector.

Article 38th municipal real estate administrative departments shall organize residential special maintenance funds deposited and check usage, standardize and improve the residential use and management of special maintenance funds.

Fifth chapter legal liability set forth in 39th develop units in violation of the 12th, the delivery of housing buyers, real estate administrative departments a rectification; it fails to, impose a fine of 30,000 yuan.

40th organization the subject, the construction unit of acquiring residential special maintenance fund, real estate administrative departments to recover and get twice the amount of a fine.

41st real estate administrative departments and their staff in the management of special maintenance funds for houses, falsification, dereliction of duty, abuse of authority or engages, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

Sixth chapter supplementary articles article 42nd government investment in building affordable housing (including straight tube housing) managed by the Housing Department maintenance repairs, requirements for presentation of budget managed by the affordable housing units, after approval by the financial departments to allocate.

43rd article of non-residential housing, affordable housing, low-income housing and other property management of special maintenance fund, in accordance with the measures implemented.

44th these measures come into force on January 1, 2017.