Measures of Ningbo Municipality on the Administration of Special Property Maintenance Funds (Draft)
Chapter I General Principles
Article 1 In order to strengthen the management of special maintenance funds for property, ensure the normal use of shared parts and shared facilities and equipment, and safeguard the legitimate rights and interests of owners of special maintenance funds for property, these measures are formulated in accordance with the Regulations of the Ministry of Construction on Property Management in Ningbo Residential Quarters and the Measures for the Administration of Special Maintenance Funds for Residential Buildings, and combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the deposit, use, management and supervision of special maintenance funds for houses built according to law within the administrative area of this Municipality.
Article 3 Owners and purchasers of residential and non-residential shared parts and shared facilities and equipment shall deposit special maintenance funds in accordance with these Measures.
City and county (city) District People's governments set up special property maintenance subsidy funds to encourage owners to gradually establish special maintenance fund accounts in accordance with the provisions of these measures. Measures for subsidies for special maintenance funds of property shall be formulated separately by the people's governments of cities and counties (cities).
Article 4 The management of special maintenance funds shall follow the principles of unified deposit, account establishment, earmarking, owner's decision-making and government supervision.
Special maintenance funds are managed by the owners themselves and managed by the government on their behalf, and owners are encouraged to manage independently through the principle of democratic consultation.
If the owners manage themselves, the owners' meeting shall be held. With the consent of the owners whose exclusive parts account for more than two-thirds of the total construction area and more than two-thirds of the total number, the owners' congress shall authorize the owners' committee to be responsible for the daily management of special maintenance funds.
If the owners' congress is not established, the owners' congress decides to entrust the maintenance fund management institution established by the government to manage it on its behalf, or if the owners' congress does not specify the independent management of the owners, the special maintenance funds shall be managed by the maintenance fund management institution established by the government on its behalf.
Fifth city real estate administrative departments in conjunction with the municipal finance department is responsible for the guidance and supervision of the city's special maintenance funds. County (city) district real estate management department is the competent department of special maintenance funds in this area, and is responsible for the guidance and supervision of special maintenance funds in this area in conjunction with the finance department at the same level.
As a maintenance fund management institution set up by the municipal government, the municipal special maintenance fund management institution is specifically responsible for the daily management of special maintenance funds for properties in Haishu, Jiangdong, Jiangbei and high-tech industrial parks. Special maintenance fund management institutions in other counties (cities) shall be established or designated by the local people's government according to law.
Chapter II Deposit of Special Maintenance Funds
Article 6 The first-phase special maintenance fund of a house shall be deposited by the owner and the purchaser according to their own building area. For houses without elevators, the owners and buyers shall calculate and deposit 5% of the construction and installation project cost per square meter of construction area; For houses with elevators, the owners and buyers shall calculate and deposit 8% of the construction and installation project cost per square meter of construction area. The special maintenance funds for unsold houses (including rental and self-occupation) shall be deposited by the development and construction unit.
The sale of public housing shall be paid by the selling unit and the purchaser according to the proportion stipulated in the housing reform policy.
The construction and installation project cost of all kinds of houses in the previous year shall be announced by the city and county (city) cost department in conjunction with the real estate administrative department at the same level before the end of March each year.
Seventh new housing deposit special maintenance funds collected by the development and construction units. When a development and construction unit sells a house, it shall inform the purchaser of the deposit of special maintenance funds and stipulate it in the house sales contract. The purchaser shall settle the special maintenance funds that should be deposited with the development and construction unit when the house is delivered.
If the purchaser fails to deposit the special maintenance fund for the first phase of the house according to the provisions of these Measures, the development and construction unit has the right to deal with it according to the agreement in the house sales contract.
Eighth public housing units, public housing buyers, new housing development and construction units, should be in accordance with the following provisions to the maintenance fund management agencies to deposit special maintenance funds:
(a) public housing units should be deposited in the collection of housing;
(two) the purchaser of public housing should deposit a deposit at the time of payment;
(3) Before the completion and acceptance of the construction project, the newly-built housing development and construction unit shall deposit it on the basis of the practical total building area of the house issued by a qualified surveying and mapping unit.
Article 9 A special maintenance fund management institution shall issue a special bill to the depositor under the unified supervision of the financial department.
New residential buildings, development and construction units withholding property special maintenance funds, special maintenance fund management institutions shall issue special bills separately by households, which shall be provided by the development and construction units when the owners deposit special maintenance funds.
Article 10 The owner who has paid the housing provident fund can directly transfer the housing provident fund of the owner and his spouse (limited to the standard deposit amount of the first special maintenance fund of the house) to the owner's special maintenance fund account upon the application of himself or his spouse and the approval of the housing provident fund management unit.
Article 11 When the balance of the special maintenance fund of the owner's sub-ledger is lower than 30% of the initial deposit amount, the owner shall timely renew the prescribed deposit amount or deal with it according to the decision of the owners' meeting.
For the property where the owners' committee has been established, the maintenance fund renewal scheme shall be drawn up by the owners' committee, submitted to the owners' congress for decision, and implemented by the owners' committee. The owners' committee has not yet been established, and when the balance of maintenance funds is insufficient, the special maintenance fund management institution shall notify the owners to make up according to the standard of the first phase of property special maintenance funds.
Article 12 For the property that has not been established before the implementation of these Measures or fails to deposit the first-phase special maintenance fund according to the regulations, the owners shall deposit not less than one-fifth of the first-phase special maintenance fund of the house every year within five years from the date of implementation of these Measures until the first-phase special maintenance fund of the property is reached. The first special maintenance fund of the property is calculated and deposited according to the construction and installation costs of the same type of houses deposited in the previous year.
If the owners' congress decides otherwise on the provisions of the preceding paragraph, it shall be implemented in accordance with the decision of the owners' congress.
Chapter III Management of Special Maintenance Funds
Thirteenth special maintenance funds should be set up according to the community, building, unit (floor), household accounts. The maintenance fund management institution shall open a special account in its entrusted commercial bank, establish an online processing system for special maintenance funds, and accept the supervision of the city and county (city) district real estate management departments.
The maintenance fund management institution shall openly select commercial banks to open maintenance fund accounts through bidding.
Article 14 Before the establishment of the owners' congress, the special maintenance funds for the property shall be deposited in the special maintenance fund account, and the maintenance fund management institution shall be responsible for the escrow.
Fifteenth after the establishment of the special maintenance fund account, in any of the following circumstances, the property service enterprise or the owners' committee shall go through the formalities of change at the maintenance fund management institution within 10 days:
(1) Regional adjustment of property management;
(two) the change of the director and deputy director of the owners' committee;
(3) Changes in the realty service enterprise.
Article 16 After the establishment of the owners' congress, if the owners' congress decides not to entrust the maintenance fund management institution with the custody of the special maintenance fund for the property, it shall vote on the following matters:
(a) the resolution not to entrust the management agency with the escrow of special maintenance funds;
(two) management measures for the use of special maintenance funds and emergency withdrawal plans;
(3) A draft agreement on entrusting a property service enterprise or an accounting firm as the management unit of the property special maintenance fund account of the owners' meeting;
(4) Measures for the administration of special maintenance fund accounts;
(five) the resolution to determine the director of the owners' committee as the person in charge of the special maintenance fund account;
(six) other resolutions on special maintenance funds.
With the consent of the owners whose exclusive parts account for more than two-thirds of the total construction area and more than two-thirds of the total number, the owners' committee can handle the transfer procedures of special maintenance funds to the maintenance fund management institution with the effective resolution of the owners' meeting.
Article 17 The maintenance fund management institution shall, within five working days after handling the formalities for filing the transfer of property special maintenance funds, inform the special account management bank in writing to open the special maintenance fund account of the owners' meeting, transfer the book balance of the special maintenance fund to the special maintenance fund account of the owners' meeting, and the maintenance fund management institution will transfer the relevant income and expenditure accounts to the owners' committee.
Article 18 When the ownership of a house is transferred, the owner shall explain to the transferee the deposit and balance of special maintenance funds and issue a valid certificate, and the remaining special maintenance funds in the detailed account of the house shall be transferred with the ownership of the house. If the original owner fails to deposit the first-phase special maintenance fund or the balance of the owner's household registration special maintenance fund is less than 30% of the first-phase deposit amount, the owner shall negotiate and deposit it in full before handling the registration of house ownership transfer.
Nineteenth owners who lost their houses due to natural disasters, demolition and other reasons. You can withdraw the balance of the special maintenance fund account deposited by the individual from the maintenance fund management institution on the basis of the original documents or relevant certificates, and the maintenance fund management institution shall go through the formalities of canceling the account.
Article 20 Under the premise of ensuring the safe and normal use of special maintenance funds, special maintenance funds can be used to purchase government bonds in accordance with relevant state regulations.
To purchase treasury bonds with special maintenance funds, it is necessary to purchase newly issued treasury bonds in the inter-bank bond market or the primary market of commercial bank counter market and hold them at maturity.
It is forbidden to use special maintenance funds to engage in treasury bond repurchase, entrusted wealth management business, stock and futures investment, or to pledge or mortgage the purchased treasury bonds.
The value-added part of special maintenance funds shall be included in the detailed account of special maintenance funds every year except deducting the necessary management expenses. The specific amount of management fees shall be approved by the financial department in conjunction with the real estate administrative department every year. The maintenance fund management institution shall, before the end of March each year, announce the details of the management expenses of the previous year to the public and accept inquiries.
Twenty-first the following funds shall be transferred to special maintenance funds:
(a) the provisions of the special maintenance funds to store net interest;
(two) the use of special maintenance funds to buy national debt value-added net income;
(three) the operating income of the common parts and facilities of the property, unless otherwise decided by the owners' meeting;
(four) parking fees charged for parking cars in the parking spaces set up on roads or other venues owned by the owners;
(five) the rent or income of the property management business premises, unless otherwise decided by the owners' meeting;
(six) the residual value recovered after the shared facilities and equipment are scrapped;
(seven) the principal and interest of the original special account used for the daily maintenance of the property;
(eight) the owners' committee or the owners voluntarily raise the deposit;
(nine) before the implementation of these measures, the public housing after-sales maintenance funds, the demolition of housing maintenance funds, elevator maintenance funds and other funds have been paid;
(ten) other funds that should be transferred according to law.
Article 22 The maintenance fund management institution or the owners' committee shall check the special maintenance fund account with the special account management bank every six months, and publish the following information to the owners:
(a) the deposit amount, use, value-added income and balance of special maintenance funds;
(two) charged items, expenses and household allocation;
(three) the deposit amount, use, value-added income and balance of the special maintenance funds of the property in the ledger of the owners and public housing units;
(four) other information about the use and management of special maintenance funds for property.
If the owner disagrees with the published information, he may request a review from the local real estate administrative department. The real estate administrative department shall, within 5 working days after receiving the application for review, inform the relevant owners or units selling public housing.
Twenty-third maintenance fund management institutions or owners' committees shall establish a property special maintenance fund inquiry system, and accept the owners' inquiries about the use, value-added income and book balance of property special maintenance funds in their sub-accounts.
Chapter IV Use of Special Maintenance Funds
Twenty-fourth special maintenance funds should be earmarked for the maintenance, renovation and transformation of shared parts and shared facilities and equipment after the expiration of the warranty period, and their use should follow the principles of convenience, openness and transparency, and the consistency of beneficiaries and undertakers.
The warranty period and warranty responsibility of the shared parts and facilities of the house shall be implemented in accordance with the relevant provisions of the state and the province.
Article 25 The maintenance, renewal and transformation of the common parts, facilities and equipment of this house shall follow the following principles://Q2B9Y-H * M% N0.
(a) the cost of maintenance, renovation and transformation of shared parts and facilities of multiple houses shall be shared by all owners of multiple houses in proportion to the building area.
# A3 k & One dollar o & amps! s' N*？ B+ c8 g (II) The expenses for maintenance, renewal and renovation of the common parts and shared facilities and equipment of the owners of a single exclusive house shall be shared by all the owners of the house in proportion to the construction area.
)r！ |) q$ ` 1 J" c (3) The maintenance, renewal and renovation costs of the common parts and facilities of the owners of a single unit house shall be shared by all the owners of the unit house in proportion to the construction area.
(four) the maintenance, renovation and renovation costs of the shared parts and shared facilities and equipment of the owners of the floor houses shall be shared by the owners of the floor houses in proportion to the construction area.
The maintenance fund expenditure of the sold public housing shall be shared by the selling units and individuals according to the balance of the existing maintenance fund account; Owners who have not set up a special maintenance fund account or have insufficient account balance shall share the relevant expenses according to the proportion of housing construction area. / t$ V) d$ |6 i
Twenty-sixth the following expenses shall not be charged from the special housing maintenance funds:
(a) according to the law should be borne by the construction unit or the construction unit of the housing sharing parts, shared 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 of man-made damage to the shared parts of the house and shared facilities and equipment shall be borne by the parties concerned;
(four) according to the property service contract, the maintenance and maintenance costs that should be borne by the property service enterprise.
Article 27 Where a house that implements property management carries out maintenance, renewal and transformation on the common parts and facilities shared by all owners, the property service enterprise shall put forward a special maintenance fund use plan and cost budget and publicize it, which shall be implemented after being approved by the owners' meeting and reported to the local real estate management department for the record; For the maintenance, renewal and transformation of some owners' shared parts and shared facilities and equipment, the realty service enterprise shall put forward a plan for the use of special maintenance funds and publicize it, which will be adopted by more than two thirds of the owners who have a common relationship with the shared parts and shared facilities and equipment, and will be implemented after being reported to the local real estate management department for the record.
For houses without property management, the owners' committee or the community residents' committee shall put forward the use plan and cost budget of special maintenance funds for medium repair and above, publicize them, and implement them with the consent of more than two-thirds of the owners who share the parts and facilities, and report them to the local real estate management department for the record.
Article 28 If it is not clear in the realty service contract that the maintenance cost of the shared parts and shared facilities and equipment below the medium repair is charged in the realty service fee, with the consent of the owners' congress, this part of the maintenance fund can be charged from the owners' maintenance fund account on an annual basis. Housing maintenance funds shall be established, accumulated and used separately, and the cost standard shall be decided by the owners' meeting or implemented in accordance with the standards formulated by the price department in conjunction with the property department. Owners who have not set up a special maintenance fund account or the balance of the account is insufficient, the property service enterprise can directly charge the owners according to the prescribed standards. The realty service enterprise shall do a good job in daily maintenance registration, and publicize the use of the overall maintenance funds before the end of March each year, and accept the supervision of the owners and the owners' committee.
Article 29 During the period when the special maintenance fund is entrusted by the maintenance fund management institution, if the common parts of the house and shared facilities and equipment have unexpected events such as elevator failure and roof leakage, which seriously affect the normal use of the owners, and need immediate maintenance, the realty service enterprise shall immediately report to the maintenance fund management institution, and the maintenance fund management institution shall promptly notify the commercial bank that opened the account to allocate funds in advance after verification, and the expenses shall be charged from the relevant owners' special maintenance fund account.
When an emergency occurs as stipulated in the first paragraph of this article during the management of special maintenance funds by the owners' committee, the realty service enterprise shall immediately report to the owners' committee, and the owners' committee shall, in accordance with the provisions of the emergency withdrawal plan for special maintenance funds, pay the expenses in advance from the accounts of relevant owners' special maintenance funds.
In case of emergency as stipulated in the first paragraph of this article, the community residents' committee shall immediately report to the maintenance fund management institution, and after verification, the maintenance fund management institution shall promptly notify the commercial bank that opened the account to allocate funds in advance, and the expenses shall be charged from the relevant owners' special maintenance fund account.
Thirtieth special maintenance funds have not been handed over to the owners' committee for management, and the use of special maintenance funds shall be carried out in accordance with the following procedures:
(a) the realty service enterprise or the community residents' committee holds the plan for the use of special maintenance funds filed by the local real estate management department, and applies to the maintenance fund management institution for allocating special maintenance funds;
(two) maintenance fund management institutions according to the application of the realty service enterprise or community neighborhood committee and the balance of the owner's account, in line with the requirements of 70% of the pre-allocated special maintenance funds;
(III) After the completion of the maintenance project, the realty service enterprise or the community residents' committee shall publicize the final accounts of the project within the community for 7 days, and apply to the maintenance fund management institution for the allocation of the balance of the project (the community without the owners' committee or the projects with final accounts of 654.38 million yuan or more) with the consent of the owners' committee.
Thirty-first special maintenance funds shall be transferred to the owners' committee for management, and the use of special maintenance funds shall be handled in accordance with the following procedures:
(a) the realty service enterprise according to the maintenance, renovation and transformation projects put forward the use plan, the use plan shall be approved by more than 2/3 of the relevant owners;
(2) The realty service enterprise shall apply to the owners' committee for advance maintenance funds with relevant materials, and if the owners' committee agrees to advance maintenance funds, it shall report the relevant materials to the local real estate management department for the record;
(3) The owners' committee shall notify the special account management bank to allocate no more than 70% of the approved budget with the record certificate of the local real estate management department;
(4) After the completion of the maintenance project, the realty service enterprise shall publicize the final accounts of the project within the community for 7 days, and after being audited by the owners' committee (the final accounts of the project with objections from the owners' committee and the projects with final accounts of more than 6,543.8+million yuan shall be audited by qualified social intermediary agencies) and reported to the local real estate management department for the record, the owners' committee shall notify the special account management bank to allocate the balance of maintenance expenses.
Article 32 The municipal and county (city) district real estate management departments shall establish a complaint reporting system for the management and use of special maintenance funds, strengthen supervision and inspection of the management and use of special maintenance funds, and promptly investigate and deal with illegal acts in the process of management and use of special maintenance funds.
Article 33 The management and use of special maintenance funds shall be subject to the audit supervision of the audit department according to law.
Article 34 The financial management and accounting of special maintenance funds shall comply with the relevant provisions of the Ministry of Finance.
The financial department shall strengthen the supervision of the financial management of special maintenance funds and the implementation of the accounting system.
Chapter V Legal Liability
Thirty-fifth units and individuals that fail to deposit, pay or bear the corresponding special maintenance funds in accordance with the provisions of these measures shall be ordered by the local real estate management department to pay within a time limit; If the deposit is not paid in full within the time limit, the owners' committee or relevant owners may bring a lawsuit against it according to law.
Thirty-sixth in violation of the provisions of these measures, misappropriation or illegal use of special maintenance funds, the real estate management department to recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income, and may impose a fine of less than 2 times the misappropriated amount; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.
Property service enterprises misappropriate or illegally use special maintenance funds, and if the circumstances are serious, they shall be punished in accordance with the provisions of the preceding paragraph, and the qualification certificate shall be revoked by the department that issued the qualification certificate; If the case constitutes a crime, the directly responsible person in charge and other responsible persons shall be investigated for criminal responsibility according to law.
Thirty-seventh special maintenance fund departments and their staff do not perform their duties or abuse their powers, the competent department shall order them to make corrections, and the directly responsible person in charge and other responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 38 The term "public housing" as mentioned in these Measures includes public housing directly managed by real estate management departments and public housing managed by units.
The term "sold public houses" as mentioned in these Measures refers to the original public houses purchased by residents in accordance with the national housing reform policy.
Thirty-ninth the term "common parts" as mentioned in these Measures refers to the parts shared by the owners of the main structure of the house (including foundation, load-bearing wall, column, beam, floor and roof, etc.). ), outdoor wall, public hall, stairwell, elevator room, elevator front room, corridor, equipment room, property management room, as well as the provisions of laws and regulations and the housing sales contract.
The measures referred to in shared facilities and equipment refer to sewer pipes, manholes, septic tanks, garbage bins (rooms), letter boxes, elevators, fire protection, safety precautions, intelligent systems, lightning protection devices, unit security doors, cultural and sports facilities, public parking spaces, roads, etc. commonly used by all owners of residential quarters or single houses or owners (users) of single houses.
Fortieth the term "medium repair and above" as mentioned in these Measures refers to:
(a) the main load-bearing wall structure is partially damaged and needs to be demolished and reinforced;
(two) the roof and outdoor wall of the whole building need waterproof or thermal insulation construction;
(three) the cornice of the whole building has fallen off to more than 30% of the cornice area of the whole building and needs maintenance;
(four) the ground, doors and windows, and stair handrails in the common parts of the whole building or unit need to be repaired as a whole due to damage;
(five) the road surface in the property management area is damaged by more than thirty percent, which needs to be repaired as a whole;
(six) the whole building or unit sewer pipe aging, damage, need to update and transform;
(seven) intelligent system, fire control system, etc. Need to be replaced as a whole, or the one-time cost of replacement, maintenance and renovation exceeds 20% of the original cost;
(eight) to replace the elevator, or to replace or repair the main parts of the elevator, and the one-time cost exceeds 20% of the original price of the elevator;
(nine) the walls and gates in the property management area are damaged and need to be repaired and updated as a whole;
(ten) other maintenance, renovation and transformation projects approved by the owners' meeting or more than two-thirds of the relevant owners to use the special housing maintenance funds.
Forty-first before the implementation of these measures, after the sale of public housing that has paid maintenance funds, the maintenance funds will be included in the owner's ledger as the first deposit.
After the implementation of these measures, the way to bear the cost of property maintenance in residential areas without paying property maintenance funds shall be implemented in accordance with the provisions of the Property Law and relevant laws and regulations. Owners who have paid property maintenance funds will no longer pay daily maintenance fees.
Article 42 These Measures shall come into force as of 20 10.