Special maintenance fund application process

Legal subjectivity:

The special maintenance fund is different from the general fund in its special part. This fund is to solve the problem of improving and updating public equipment and facilities. , and the owners of the property will raise funds together, and the owners will have ownership of the maintenance fund in accordance with the proportion of payment.

1. How to apply for special maintenance funds

1. The property management or owners committee shall formulate a maintenance fund usage plan;

2. Post the usage plan in an obvious location in the community More than 7 days, and with the consent of more than two-thirds of the interested owners in terms of area and number of households;

3. First report to the district housing maintenance fund management department, and conduct on-site inspection before proceeding. Report to the municipal housing maintenance fund management department, and 70% of the maintenance payment will be released after passing the test;

4. After completion, submit it to the municipal housing maintenance fund management department for review, and the balance will be released after passing the test.

If the public parts and public facilities and equipment are damaged and special residential maintenance funds need to be used, the owners or owners' committee should propose repairs and updates to the property service company or other management units. , renovation projects. The property service enterprise or other management unit shall prepare an implementation plan (including project content, project budget, etc.) according to the project that needs maintenance and submit it to the maintenance fund management center. After the maintenance fund management center makes a list of the project owners' apportionment, the property service enterprise or other management unit shall submit it to the maintenance fund management center. The management unit organizes the owners to sign on the apportionment list. After the number of people and area reaches two-thirds, it will be reported to the maintenance fund management center.

After the public notice is passed, and upon review and approval by the housing management department, the procedures for transferring the special residential maintenance funds will be processed. The first transfer amount shall not exceed 70% of the use plan.

2. When can the special residential maintenance fund be used?

The emergency use of maintenance funds is suitable for emergencies that endanger personal safety, building safety and public safety. , repairs, updates, modifications, etc. that need to be carried out immediately. According to regulations, emergency repair procedures can be initiated if one of the following seven situations occurs:

1. Serious damage to the roof and exterior wall waterproofing within the property management area;

2. Elevator failure or outage;

3. Fire protection system failure;

4. Building facade decoration and high-altitude components of the building are seriously detached and loose;

5. The glass curtain wall bursts;

6. The drainage pipe bursts;

7. Other emergencies that may cause personal safety accidents.

3. The collection ratio of the special maintenance fund

The collection ratio of the special maintenance fund is 2% to 3% of the total house price when the home buyer purchases the house from the developer and handles the transfer of property rights. The proportion shall be paid to the commercial bank designated by the real estate authority in the district where the property is located. The specific collection standards for maintenance funds are determined by local real estate administrative departments based on local conditions. The maintenance fund is established under the unified supervision of the real estate management department where the property is located, and is managed and used by the property management company on its behalf.

The owners committee should go to the commercial bank designated by the real estate authority to set up a special account for the property maintenance fund, and report the account information to the real estate administration department for record. This account is the entire maintenance fund paid by the owners within the property. situation.

This account can only be used for the storage and management of maintenance funds and cannot be used for other purposes. The bank also sets up separate accounts for each owner to show the use and retention of all maintenance fund portions of the owner.

According to legal provisions, the use of special maintenance funds must be applied to the owners' committee, and then the owners' committee will vote. If more than two-thirds of the owners agree, the application can be approved. Legal objectivity:

There are also strict requirements for the use of special maintenance funds. For example, Article 35 of the "Shanghai Residential Property Management Regulations" stipulates that the repair, renewal, transformation and maintenance of the most useful parts of a single house shall be decided by the owner of the building. If it involves major house repairs or special repairs, updates, or renovations, it must be approved by more than two-thirds of the voting rights held by all owners of the house, and it must not conflict with the decision of the owners' meeting on the use of all parts; other decisions Matters must be approved by more than half of the voting rights held by all owners of the building, etc. Our country's laws stipulate that special maintenance funds should be deposited in separate accounts.

In order to ensure the safety of special maintenance funds, when maintenance funds are idle, they may not be used for other purposes except for the purchase of treasury bonds or other scopes stipulated by laws and regulations. Article 33 of the "Shanghai Residential Property Management Regulations" has clearer regulations on the deposit of special maintenance funds: special maintenance funds should be deposited in a special bank account, and accounts should be established on a per-building basis and accounted on a per-household basis. The property management company entrusted by the owners' committee or the owners' conference shall publish the income and expenditure of special maintenance funds at least once every six months and accept the supervision of the owners. In addition, special maintenance funds will accrue interest in accordance with regulations from the date they are deposited into the special maintenance fund account. Maintenance fund interest and net income maintenance rollover use and management. This means that the bank interest generated by the special maintenance funds kept by the property management company and the profits from the maintenance funds belong to the owner and should be used for property maintenance.