Housing maintenance fund, also known as residential special maintenance fund, includes housing public facilities special fund and housing maintenance fund. Then, what are the provisions of the latest policy of the 2022 housing maintenance fund, how to pay it, and what is the payment ratio? The lawyer will answer your questions and hope to help you. What is the latest policy of housing maintenance fund in 2022? 1. The law stipulates that according to the Property Law and the Measures for the Administration of Special Maintenance Funds for Houses, which came into effect on February 1 2008, the special maintenance funds for houses shall be paid by all owners and owned by all owners. Under normal circumstances, the maintenance funds are established under the unified supervision of the real estate management department where the property is located, and the property management company or management unit applies for withdrawal. After the establishment of the owners' committee, more than two thirds of the owners' households and construction area agree to hand over the maintenance funds to the industry committee, which will exercise the management right. According to Article 5 of the Measures for the Management of Maintenance Funds for Facilities and Equipment in Residential Areas, when selling commercial houses, the buyer and the seller shall sign an agreement on the payment of maintenance funds. Two, pay the standard property buyers should pay the maintenance fund to the selling unit in accordance with the proportion of 2%-5.2% of the purchase price. The maintenance fund collected by the selling unit belongs to all owners and is not included in the residential sales income. The collection ratio of maintenance funds shall be determined by the real estate administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Three, how to use the housing maintenance funds for the maintenance and renovation of the main structure, public parts and public facilities and equipment after the expiration of the housing warranty period. The main load-bearing structures of houses include foundation, internal and external load-bearing walls, columns, beams, floors and roofs. Public parts refer to outdoor walls, hallways, stairwells, corridors, etc. Public facilities and equipment refer to water pipes, elevators, facades, fire-fighting facilities, green spaces, roads, ditches and other facilities and equipment used by owners in houses and related supporting areas. 1. Maintenance funds can only be used to repair and update the public parts and facilities of the property after the warranty period expires. The specific owners shall share the cost proportion according to the determination standard of voting rights. 2. When the maintenance funds are idle, it is forbidden to use them for other purposes except purchasing government bonds or risk-free financial management. IV. Proportion of funds to be paid for maintenance. When the property buyer purchases the house from the developer and handles the transfer of property rights, it shall be paid to the commercial bank designated by the real estate administrative department of the city where the property is located according to the standard of 2%~3% of the total house price or 0/00 yuan per square meter/kloc-200 yuan. The specific collection standard of maintenance funds is determined by the local real estate administrative departments according to local conditions. Related knowledge: How does the house maintenance fund calculate the sales of commercial housing? The buyer and the sales unit should sign a house maintenance fund payment agreement, and the buyer should pay the house maintenance fund to the sales unit according to the proportion of 2-3% of the purchase price. The maintenance fund collected by the selling unit belongs to all owners and is not included in the residential sales income. The current deposit standards of the first special maintenance fund are: 90 yuan per square meter for high-rise buildings (including multi-storey buildings with elevators) and 50 yuan per square meter for multi-storey buildings (including villas). When will the housing maintenance fund be paid? The owner shall pay the house maintenance fund before the house is delivered. The first phase of housing special maintenance funds, the owners can be directly deposited in the housing special maintenance fund account, can also be entrusted to the real estate development enterprises to pay. Entrusted by a real estate development enterprise, the real estate development enterprise shall, within 30 days from the date of receiving the housing maintenance fund, deposit the housing special maintenance fund into the housing special maintenance fund account. The above problems are related to the housing maintenance fund arranged by the lawyer for you. If you have any other questions, you can consult a lawyer.
Legal objectivity:
1. In view of the problem that old residential areas and elevators are in urgent need of renovation but face insufficient funds, the Notice encourages owners to use maintenance funds to renovate old residential areas that are in disrepair, lack of supporting facilities, inadequate thermal insulation and energy conservation, and dirty environment, mainly including the houses themselves and supporting facilities. Owners can also use the maintenance funds to repair and replace old elevators that have been in operation for more than 15 years, install elevators and facilities, and help the elderly in old houses without elevators. Taking into account the actual situation in various places, the specific standards and contents of the transformation of old residential quarters and elevators shall be determined by the notified authorized places according to the actual situation. 2. In order to solve the problem that it is difficult for owners to vote by "double two-thirds" on the use of maintenance funds, the Notice puts forward four voting methods, one is the entrusted voting method in which owners entrust their voting rights to the owners' committee or owners' representatives to exercise on their behalf, the other is the collective voting method in which funds are used in batches, the third is the default voting method in which the voting rights of owners who do not participate in the voting are counted as yes, and the fourth is the opposition voting method in which owners who hold less than "double one-third" are regarded as voting. 3. In order to solve the problem that maintenance funds can't be allocated and used in time in an emergency, the Notice clarifies that in case of elevator failure, fire-fighting facilities failure, roof external wall leakage, interruption of secondary water supply pump operation, blockage and bursting of drainage facilities, and danger of falling off the facade of the building, you can directly apply for the use of maintenance funds without the consent of the "two-thirds" vote of the owners. There are no owners' committees, property service enterprises and other communities that apply for maintenance funds. Community neighborhood committees may apply for repairs organized by the housing construction department or subdistrict offices (township people's governments), and the repair costs shall be charged from the maintenance fund account. The notice also requires that the audit department must make an audit decision within 3 working days after receiving the application, and organize the maintenance unit to publicize the use of maintenance funds in a prominent position in the community. 4. In order to solve the problem that the maintenance fund information is not open and transparent, the Notice requires all localities to make full use of modern network information technologies such as mobile Internet, big data and cloud computing to build an electronic platform for owners to participate in the same decision-making through computers and mobile phones. The notice also requires local maintenance fund management departments to establish a maintenance fund announcement system, and announce the deposit, expenditure, value-added and balance of annual maintenance funds in the local area on local government websites, newspapers and other media. The owners' committee and the realty service enterprise shall establish a maintenance fund publicity system, and publicize the basic situation of the maintenance fund in this district in a prominent position. 5. In view of the problems existing in the practice of maintenance fund management, the circular requires all localities to increase the support of maintenance funds for the renovation of old residential areas and elevators. At the same time, they should be problem-oriented, learn from advanced experience at home and abroad, and actively explore institutional innovations such as introducing commercial insurance into the use of maintenance funds and introducing market competition mechanism into the selection of professional banks, so as to further play the positive role of maintenance funds in ensuring the normal use of housing. Related knowledge: How does the house maintenance fund calculate the sales of commercial housing? The buyer and the sales unit should sign a house maintenance fund payment agreement, and the buyer should pay the house maintenance fund to the sales unit according to the proportion of 2-3% of the purchase price. The maintenance fund collected by the selling unit belongs to all owners and is not included in the residential sales income. The current deposit standards of the first special maintenance fund are: 90 yuan per square meter for high-rise buildings (including multi-storey buildings with elevators) and 50 yuan per square meter for multi-storey buildings (including villas). When will the housing maintenance fund be paid? The owner shall pay the house maintenance fund before the house is delivered. The first phase of housing special maintenance funds, the owners can be directly deposited in the housing special maintenance fund account, can also be entrusted to the real estate development enterprises to pay. Entrusted by a real estate development enterprise, the real estate development enterprise shall, within 30 days from the date of receiving the housing maintenance fund, deposit the housing special maintenance fund into the housing special maintenance fund account.