Measures for the administration of special maintenance funds for residential buildings in Hebei Province

Detailed rules for the implementation of the management of residential special maintenance funds in Hebei Province

Chapter I General Principles

Article 1 In order to strengthen the management of residential special maintenance funds, ensure the maintenance and normal use of residential facilities and equipment, and safeguard the legitimate rights and interests of the owners of residential special maintenance funds, these Detailed Rules are formulated in accordance with the Civil Code of People's Republic of China (PRC), the Measures for the Administration of Residential Special Maintenance Funds and other laws and regulations and the relevant provisions of the state and province.

Article 2 These Rules shall apply to the deposit, use, management and supervision of special maintenance funds for commercial housing and after-sale public housing (hereinafter referred to as maintenance funds) within the administrative area of this province.

The maintenance funds mentioned in these rules refer to the funds earmarked for the maintenance, renewal and transformation of the * * * parts and * * facilities and equipment of the house after the expiration of the warranty period.

Article 3 The * * * common part of the house mentioned in these Detailed Rules refers to the part * * common part shared by the owners in a single house or the owners in a single house and the non-residential owners connected with the structure according to the laws, regulations and the house sales contract, generally including the foundation, load-bearing walls, columns, beams, floors, roofs, outdoor walls, halls, stairwells and corridors of the house.

The facilities and equipment used by * * * in these Detailed Rules refer to the ancillary facilities and equipment jointly owned by the residential owners or the residential owners and relevant non-residential owners according to laws and regulations and the house purchase and sale contract, generally including elevators, antennas, lighting facilities, fire-fighting facilities, green spaces, roads, street lamps, sewer pipes, rainwater pipes, ditches, pools, wells, non-operating parking garages, public cultural and sports facilities and *.

Article 4 The management and use of maintenance funds shall follow the principles of special account storage, earmarking, owner's decision-making and government supervision.

Article 5 The division of the jurisdiction areas of maintenance funds between cities divided into districts and municipal districts shall be determined by the housing and urban-rural construction departments of cities divided into districts. Explore the establishment of a new model of maintenance fund management with municipal unified management of funds and district and county handling business.

Sixth city and county housing and urban construction departments shall, jointly with relevant departments, improve the professional and standardized management level of maintenance fund management institutions.

The municipal and county housing and urban-rural construction departments shall, in accordance with the principles of scientificity, rationality, standardization, efficiency, openness and transparency, formulate and optimize the maintenance workflow, establish and improve the maintenance fund management information system, promote the interconnection and sharing of the maintenance fund management information system with system data such as real estate mapping and real estate transaction, and gradually realize the functions of self-service for depositing maintenance funds, collecting bills, voting matters and information inquiry through information media such as the Internet and mobile terminals.

Chapter II Deposit of Maintenance Funds

Article 7 If the residential owners in the residential area, non-residential owners in the residential area or non-residential owners outside the residential area are connected with the single residential structure in the residential area or have facilities and equipment for use, they shall deposit maintenance funds in accordance with the regulations.

If the house belongs to only one owner and has no part with other properties and facilities, the maintenance fund will not be deposited.

Eighth commercial residential owners, non-residential owners in accordance with their own property construction area to deposit maintenance funds. The amount of maintenance funds deposited per square meter of construction area in the first phase is 5%-6% of the cost per square meter of local residential construction and installation projects.

City and county housing and urban construction departments shall reasonably determine and publish the amount of maintenance funds deposited per square meter of construction area in the first phase.

Ninth sale of public housing, maintenance funds shall be deposited in accordance with the following provisions:

(1) The owner shall deposit the maintenance fund according to the construction area of the property he owns, and the amount of the first maintenance fund per square meter of construction area shall be 2% of the local housing reform cost price.

(two) the sale of units in accordance with the multi-storey residential not less than 20%, high-rise residential not less than 30%, from the sale of a one-time withdrawal of maintenance funds.

Article 10 The maintenance funds deposited by the owner shall be owned by the owner. The maintenance funds extracted from the public housing sales funds belong to the sales unit.

Article 11 Before or after the establishment of the owners' meeting, the maintenance funds deposited by commercial residential owners and non-residential owners shall be managed by the municipal and county-level housing and urban-rural construction departments where the property is located; The maintenance funds for the collection of sold public housing shall be managed by the municipal or county finance department or the housing and urban-rural construction department (hereinafter referred to as the "public housing maintenance fund management department") where the property right is located.

City, county-level housing and urban-rural construction departments or public housing maintenance fund management departments shall adopt public bidding to determine the maintenance fund special account management bank within their respective administrative areas, and open a special account for maintenance funds in the special account management bank.

To open a special account for commercial residential maintenance funds, an account shall be set up based on the property management area, and a sub-account shall be set up according to the house number; If the property management area is not demarcated, an account shall be set up in units of buildings, and a sub-account shall be set up according to the house number.

The sale of public housing to open a special account for maintenance funds shall be based on the account of the selling unit and the account of the building. Among them, the maintenance fund deposited by the owner shall set up a separate account according to the house number.

Twelfth commercial housing owners should transfer the first maintenance fund to the maintenance fund account when handling the house occupancy procedures.

The purchaser of public housing shall deposit the first maintenance fund into the special account of public housing maintenance fund or hand it over to the selling unit for deposit into the special account of public housing maintenance fund before handling the purchase formalities.

Public housing units selling houses shall, within 30 days from the date of receiving the sales price, deposit the extracted maintenance funds into the special account for public housing maintenance funds.

The procedure is as follows:

(1) The owner or the sales unit or the public housing sales unit entrusted by the owner shall inquire about the registered maintenance fund deposit amount at the municipal or county housing and urban-rural construction department or the public housing maintenance fund management department where the house is located.

(II) The municipal and county-level housing and urban-rural construction departments or public housing maintenance fund management departments shall verify the name, address, building number, building number, construction area and deposit amount of the depositor and the residential area (project) where the house is located. If the information is confirmed to be correct, the registration shall be completed within 7 days from the date of acceptance of the approval and registration, and the deposit certificate of residential special maintenance funds shall be issued to the depositor and the bank. If the information is incorrect, within 7 days from the date of accepting the approval and registration, the owner or the sales unit entrusted by the owner and the public housing sales unit shall be notified in writing to re-apply for approval and registration.

(3) The owner or the unit that sells houses entrusted by the owner or the unit that sells houses in public housing shall deposit the maintenance funds with the bank on the basis of the Approval Form for Deposit of Special Maintenance Funds for Residential Buildings.

(4) After the maintenance funds are deposited in the special account, the maintenance fund management department or its entrusted bank shall issue special bills or special electronic bills under the unified supervision of the financial department to the depositor.

Thirteenth failing to deposit the first maintenance fund, the development and construction unit shall not deliver the house to the purchaser. Encourage new commercial housing to pay maintenance funds in full by the development and construction unit when handling online signing and filing.

Fourteenth after the establishment of the owners' congress, the management of the maintenance funds deposited by the owners shall be decided by the owners' congress in the property management area. If the transfer is decided by the owners' meeting according to law, it shall be transferred according to the following procedures:

(a) the owners' congress issued a written notice to the municipal and county housing and urban and rural construction departments or the public housing maintenance fund management department, and the notice shall be accompanied by the maintenance fund transfer decision, maintenance fund management plan and other relevant certificates and materials.

(2) The owners' congress shall open a special account for maintenance funds, set up an account with the property management area as the unit, set up a sub-account according to the house number, and bring it into the maintenance fund management system synchronously and accept supervision.

(III) The municipal, county-level housing and urban-rural construction department or the public housing maintenance fund management department shall, within 30 days from the date of receipt of the notice, notify the account management bank to transfer the book balance of the maintenance fund deposited by the owners within the property management area to the maintenance fund account opened by the owners' congress, and hand over the relevant accounts to the owners' committee.

After discussion in accordance with the law, it is decided to continue to be managed by the municipal, county-level housing and urban-rural construction department or the public housing maintenance fund management department. The owners' congress shall send a written notice to the municipal and county housing and urban-rural construction departments or public housing maintenance fund management departments, and the municipal and county housing and urban-rural construction departments or public housing maintenance fund management departments shall continue to perform the corresponding maintenance fund management obligations.

Fifteenth maintenance fund account transferred to the management unit, decided by the owners' congress. The owners' congress shall establish a maintenance fund management system. The maintenance fund account opened shall be subject to the supervision of the local city, county-level housing and urban-rural construction department or the public housing maintenance fund management department.

Sixteenth owners household maintenance fund balance is less than 30% of the first deposit amount, the account management unit shall promptly inform the owners' committee or the owners. The owner shall renew the payment within 60 days after receiving the notice, and the amount of maintenance funds after renewal shall not be less than the first deposit.

If the owners' meeting is established, the renewal plan shall be decided by the owners' meeting. If the owners' meeting is not established, the specific management measures for the renewal of the lease shall be formulated by the municipal and county-level housing and urban-rural construction departments in conjunction with the financial departments at the same level.

Seventeenth commercial housing, after-sale public housing maintenance funds have not been deposited, it should be paid.

The owners' committee has the obligation to urge the owners to pay the maintenance funds. Before the new owners' committee is formed, the local residents' committee can perform this duty instead of the owners' committee under the guidance and supervision of the sub-district office or the township and town people's government.

Chapter III Use of Maintenance Funds

Eighteenth where the water supply, power supply, gas supply, heating, communications, cable television and other units responsible for the maintenance and management of * * * parts, * * facilities and equipment, by the relevant units to bear the maintenance costs.

The maintenance cost of facilities and equipment outside the building in the property management area shall be shared by all owners according to the proportion of their own construction area.

The maintenance cost of the parts in the building and the facilities and equipment shared by all the owners in the building shall be shared by all the owners in the building according to the proportion of their own construction area; The maintenance cost of facilities and equipment used by some owners in the building shall be shared by the relevant owners according to the proportion of their own construction area.

Involving unsold commercial housing, non-residential housing or public housing, the development and construction unit or public housing unit shall share the cost of maintenance, renewal and transformation according to the construction area of unsold commercial housing or public housing.

Nineteenth property service enterprises should regularly inspect the facilities and equipment used in the * * * parts of the house every year, and make the maintenance plan and cost budget for the next year according to the inspection results.

Twentieth maintenance funds transferred to the owners' congress management, the need for maintenance funds, should be in the neighborhood offices (township people's government), community neighborhood committees under the supervision and guidance, in accordance with the following procedures:

(a) the realty service enterprise or the relevant owners, according to the needs of maintenance and renovation, timely put forward suggestions for renovation projects. Suggestions include the location of the house, the general situation of maintenance projects, the reasons for maintenance, the project cost and the number of owners involved.

(II) Owners who account for more than two-thirds of the exclusive area of the maintenance funds and those who vote for more than two-thirds, and owners who account for more than half of the exclusive area and those who vote for more than half agree to use the proposal, form a resolution on the use and determine the entrusted agent who will handle the procedures for the use of the maintenance funds.

(three) the realty service enterprise or the relevant owners shall organize the formulation of the use plan according to the use resolution.

(4) The realty service enterprise or related industries shall apply to the housing and urban-rural construction department of the local city or county for withdrawal of shares with the following materials. Among them, the use of public housing maintenance funds, to the public housing maintenance fund management department to apply for funds withdrawal:

1. Application for the use of maintenance funds;

2. The resolution that the owner agrees to use the maintenance funds according to item (2) of this article;

3. The entrustment certificate, ID card and photocopy of the entrusted person for the use of maintenance funds;

4. Maintenance fund use plan and maintenance construction contract;

5. Maintenance cost construction progress settlement data.

(5) The municipal, county-level housing and urban-rural construction department or the public housing maintenance fund management department shall complete the review within 10 working days after receiving the application, determine the funding plan after the approval of the review, and issue a notice of maintenance fund transfer to the special account management bank; If you disagree, explain the reasons in writing to the applicant.

(six) the special account management bank will transfer the required maintenance funds to the maintenance unit within 5 working days after receiving the notice of maintenance fund transfer.

Twenty-first maintenance funds transferred to the owners' congress management, need to use maintenance funds, in accordance with the following procedures:

(a) the use of property services companies. The use plan shall include the basic situation, cost budget, scope of expenses, emergencies that endanger the safety of houses and other measures for the temporary use of maintenance funds of the proposed maintenance, renewal and transformation projects. If there is no property service enterprise, the relevant owners will put forward the use plan;

(2) After deliberation by the owners' meeting, the relevant owners have adopted the use plan according to law;

(three) the realty service enterprise or the relevant owners organize the implementation of the use plan;

(four) the realty service enterprise or related industry presided over by the relevant materials to the owners' committee to apply for maintenance funds. Among them, the use of public housing maintenance funds, to the public housing maintenance fund management department to apply for expenses;

(five) the owners' committee shall examine the application for maintenance funds according to the use plan of maintenance funds, and report it to the municipal and county-level housing and urban-rural construction departments for the record after approval. Among them, the use of public housing maintenance funds, but also should be approved by the public housing maintenance fund management department; City and county housing and urban construction departments or public housing maintenance fund management departments that do not comply with laws, regulations, rules and use plans, it shall be ordered to make corrections;

(six) the owners' committee, public housing maintenance fund management department, issued a notice of transfer of maintenance funds to the special account management bank;

(seven) the special account management bank will transfer the required maintenance funds to the maintenance unit within 5 working days after receiving the notice of maintenance fund transfer.

Twenty-second in case of emergency endangering the safety of houses or personal and property safety, rain leakage, drainage, fire fighting, elevators, etc. , need to immediately repair, update and transform the facilities and equipment in the house, and the maintenance funds shall be allocated according to the following provisions:

(a) before the maintenance funds are transferred to the owners' congress for management, the following procedures shall be followed:

1. Relevant certification materials issued by property service enterprises or housing safety, facilities and equipment appraisal institutions in related industries, or emergency maintenance instructions and use plans issued by sub-district offices (township and town people's governments), and apply for fees from the housing and urban-rural construction departments at the local city or county level or the public housing maintenance fund management departments;

2. The municipal and county housing and urban-rural construction departments or public housing maintenance fund management departments shall complete the examination within 3 working days after receiving the application, determine the appropriation plan after the examination and approval, and issue a notice of maintenance fund transfer to the special account management bank; Do not agree, explain the reasons in writing to the applicant;

3. The special account management bank will transfer the required maintenance funds to the maintenance unit within 3 working days after receiving the notice of maintenance fund transfer;

4. After the maintenance is completed, the relevant procedures shall be performed according to law or announced within the relevant scope.

(two) after the maintenance funds are transferred to the owners' congress for management, they shall be handled in accordance with the following procedures:

1. Relevant certification materials and use plans issued by property service enterprises or housing safety, facilities and equipment evaluation institutions in related industries shall be charged to the owners' committee. Among them, the use of public housing maintenance funds, to the public housing maintenance fund management department to apply for expenses;

2. The owners' committee shall, according to the maintenance fund use plan, review the application for maintenance funds, and report it to the municipal and county-level housing and urban-rural construction departments for the record after approval; The use of public housing maintenance funds shall be approved by the management department of public housing maintenance funds. City and county housing and urban construction departments or public housing maintenance fund management departments that do not comply with laws, regulations, rules and use plans, it shall be ordered to make corrections;

3. The owners' committee and the public housing maintenance fund management department shall issue a notice of maintenance fund transfer to the special account management bank;

4. The special account management bank will transfer the required maintenance funds to the maintenance unit within 3 working days after receiving the notice of maintenance fund transfer.

After an emergency, if the realty service enterprise or the relevant owners fail to carry out maintenance, renewal and transformation in accordance with the provisions, the owners' committee may directly apply for maintenance funds for maintenance according to law. If the owners' committee has not yet been established, the sub-district offices (township and town people's governments) will organize maintenance on their behalf, organize and coordinate to solve related problems in maintenance, and the maintenance expenses will be charged from the subsidiary ledger of relevant owners' maintenance funds. Among them, involving the sold public housing, it should also be charged from the public housing maintenance funds. After the completion of the maintenance project, the amount of maintenance funds shall be made public, and the maintenance data of the project shall be kept.

Twenty-third the following expenses shall not be charged from the maintenance funds:

(a) according to the law should be borne by the development and construction unit or the construction unit of residential * * * parts, * * with facilities and equipment maintenance, renovation and renovation costs;

(two) the maintenance and maintenance costs of water supply, power supply, gas supply, heating, communication, cable TV and other pipeline facilities that should be borne by the relevant units according to law;

(three) the repair costs required by the parties for man-made damage to various parts of the house and the facilities and equipment used in the house;

(four) according to the realty service contract, the realty service enterprise shall bear the maintenance and maintenance costs of the * * * parts of the house and the * * * facilities.

Twenty-fourth under the premise of ensuring the normal use of maintenance funds, idle funds can be used to buy primary market bonds in accordance with relevant state regulations and procedures.

The use of special residential maintenance funds deposited by the owners to purchase government bonds shall be approved by the owners' congress; If the owners' meeting is not established, it shall be approved by the owners who account for more than two-thirds of the exclusive part area and the number of owners who account for more than two-thirds, and shall be agreed by more than half of the owners who participate in the voting.

It is forbidden to use maintenance funds to engage in treasury bond repurchase, entrusted wealth management business or use purchased treasury bonds for pledge, mortgage and other guarantee acts.

The use of maintenance funds extracted from the sale of public housing to purchase government bonds shall be reported to the financial department at the same level for approval in accordance with the financial affiliation of the selling unit.

Twenty-fifth the following funds shall be transferred to the maintenance fund:

(a) the storage interest of maintenance funds;

(two) the use of maintenance funds to buy the value-added income of national debt;

(three) the use of residential * * * parts, * * with facilities and equipment for business, the owners' income, unless otherwise decided by the owners' meeting;

(four) the residual value recovered after the retirement of residential facilities and equipment.

Chapter IV Supervision and Administration

Twenty-sixth when the ownership of the house is transferred, the remaining maintenance funds in the detailed account of the house will be automatically transferred with the ownership of the house.

Twenty-seventh houses are lost, and the remaining maintenance funds in the house ledger shall be returned to the owners. Among them, the book balance of maintenance funds deposited by the selling unit is returned to the selling unit; If the selling unit does not exist, it shall be turned over to the state treasury at the same level according to the financial affiliation of the selling unit.

Twenty-eighth city and county housing and urban construction departments, public housing maintenance fund management departments and owners' committees.