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The use process of property maintenance fund
1. The property management company or the owners' committee confirms the demand for property maintenance and evaluates the urgency and cost budget of the maintenance project;
2 property management companies or owners' committees shall, according to the maintenance requirements, prepare maintenance plans, including the scope, budget and progress of maintenance projects;
3. In some countries or regions, the use of property maintenance funds requires the resolution of the owners' assembly or owners' committee. The meeting discussed and considered the maintenance plan and voted whether to use the property maintenance fund for maintenance;
4. If the maintenance plan is passed, the owner needs to pay the maintenance fee according to the resolution, usually through the property management company or the designated account;
5, the property management company or committee according to the maintenance plan, choose the right contractor or construction team for maintenance projects;
6, after the completion of the maintenance project, acceptance, to ensure that the maintenance quality meets the requirements.
The conditions for the use of the property maintenance fund are as follows:
1, the use of property maintenance funds usually needs to be based on reasonable maintenance needs. This means that maintenance projects must be necessary and reasonable, such as repairing structural problems of buildings and maintaining public facilities.
2. In some countries or regions, the use of property maintenance funds needs to go through the decision-making procedures of the owners' assembly or owners' committee. This means that the maintenance plan needs to be discussed and considered at the owners' meeting or Committee, and decided by voting according to the prescribed procedures;
3. Using the property maintenance fund usually requires the owner to pay extra maintenance money. The owner needs to pay the maintenance fee on time according to the decision-making procedures and the requirements of the property management company;
4. Before using the property maintenance fund, it is usually necessary to prepare the maintenance plan and budget. These plans and budgets need to specify the scope, estimated cost and schedule of maintenance projects;
5. When using the property maintenance fund to carry out maintenance works, it is usually necessary to sign a contract with the contractor to select a suitable contractor to carry out maintenance works.
To sum up, that is to say, since the owners have paid the public maintenance fund, when the public facilities need maintenance, they can use the public maintenance fund as long as more than two-thirds of the owners agree.
Legal basis:
Article 278 of the Civil Code of People's Republic of China (PRC)
The following matters shall be decided by the Owner * * *:
(a) to formulate and amend the rules of procedure of the owners' congress;
(2) Formulating and amending management regulations;
(three) to elect the owners' committee or replace the members of the owners' committee;
(four) the selection and dismissal of property services companies or other management personnel;
(five) the use of funds for the maintenance of buildings and their ancillary facilities;
(six) to raise funds for the maintenance of buildings and their ancillary facilities;
(seven) renovation of buildings and their ancillary facilities;
(eight) change the use of * * * or use * * to engage in business activities;
(nine) other major matters related to the management rights of * * * and * * *.
The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.
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