NoticeNo. Chief Executive's AnnouncementNo. [2002]48
District and county (city) people's governments, municipal authorities and units:
The measures for the administration of Changsha residential maintenance fund are hereby printed and distributed to you, please follow them.
All right.
December 30th, 2002
Measures of Changsha Municipality on the Administration of Property Maintenance Fund in Residential Areas
Article 1-In order to establish a safeguard mechanism for residential property maintenance and safeguard the legitimate rights and interests of property users, according to the Regulations on Property Management in Urban Residential Areas of Hunan Province and the Measures for the Management of Facilities and Equipment Maintenance Funds in Residential Areas (Buildings and Buildings) issued by the Ministry of Construction and the Ministry of Finance.
[1998]2 13) and other relevant regulations, combined with the actual situation of our city, these measures are formulated.
Article 2 These Measures shall apply to the demolition of newly-built commercial housing (including affordable housing, hereinafter referred to as commercial housing), sold public housing and property rights exchange housing within the urban area of Changsha.
Article 3 The term "* * * used parts" as mentioned in these Measures refers to the load-bearing structural parts of the main building (including foundation, internal and external load-bearing walls, columns, beams, floors and roofs, etc.). ), outdoor walls, hallways, stairwells, corridors, etc.
The measures referred to in * * * with the construction equipment refers to a single residential property, the construction cost has been allocated to the housing sales price of * * with the construction of water pipes, downpipes, water tanks, booster pumps, elevators, antennas, power supply lines, lighting appliances, boilers, heating lines, gas lines, fire protection.
* * * * Facilities used, green spaces, roads, street lamps, ditches, ponds, wells, non-operating garages, public cultural and sports facilities and houses used by facilities and equipment.
Fourth Changsha City Housing Authority is responsible for the guidance and supervision of the residential property maintenance fund in this Municipality.
Article 5 Where there are more than two houses and property owners in a property management area, a maintenance fund shall be established. The owners' committee is responsible for the review of maintenance fund use plan, maintenance project budget and final accounts, maintenance fund use allocation plan and maintenance project quality acceptance, and continues to pay maintenance funds to the owners.
Article 6 Maintenance funds shall be managed according to the principles of special account storage, owner's decision-making, earmarking, government supervision, building accounts one by one, and household accounting.
Article 7 The property maintenance fund shall be specially used for the large, medium and large-scale maintenance, renewal and transformation of the parts and facilities used in the property management area after the expiration of the warranty period.
Article 8 The initial maintenance fund shall be paid in accordance with the following provisions:
(a) the public sale of housing for multi-storey residential, from the sale of units to extract 20% of the sales, high-rise residential extraction 30%. The buyer shall pay 2% of the purchase price;
(2) When multi-storey commercial housing is sold, the purchaser pays 2% of the purchase price, and when high-rise commercial housing or multi-storey commercial housing with elevator is sold, the purchaser pays 3% of the purchase price;
(three) the demolition and resettlement of housing property rights exchange, resettlement of multi-storey houses by 2% of the resettlement housing evaluation price, resettlement of high-rise houses by 3% of the resettlement housing evaluation price paid to the demolition;
(four) other residential and non-residential houses in the whole house are charged according to the payment standard of the same type of residential maintenance fund;
(five) the self-use property of the development and construction unit shall pay the maintenance fund in accordance with the provisions of item (two) of this article with reference to the price of similar properties.
Ninth units selling houses shall collect the first maintenance fund when selling houses or demolishing houses.
The sales unit selling commercial housing shall submit the maintenance fund collection plan to the Municipal Housing Authority when handling the Pre-sale Permit for Commercial Housing.
Public housing units should pay the maintenance fund in full in accordance with the provisions of these measures. And collect maintenance funds paid by individuals from property buyers.
Units selling houses shall transfer the first maintenance fund collected to the Municipal Real Estate Supervision Bureau for escrow when handling the registration procedures of housing property rights.
Tenth maintenance funds are owned by the owners, and before the establishment of the owners' committee, the property maintenance funds are managed by the municipal housing property department; After the establishment of the owners' committee, the property maintenance fund can be transferred to the owners' committee, property management companies or other units entrusted by the owners' assembly for escrow according to the resolution of the owners' assembly. If the owners have not decided to transfer it, the municipal real estate management bureau will continue to escrow. Entrust property management companies or other units to manage property maintenance funds, it shall sign an entrustment contract.
The transfer of the property maintenance fund to the property management enterprise shall be handled by the responsible persons of both the property management enterprise and the owners' committee at the same time at the Municipal Housing Authority. The following materials shall be submitted for the handover procedures:
(-) resolution of the owners' meeting;
(2) Entrustment contract;
(three) the qualification certificate and business license of the property management enterprise;
(four) the power of attorney of the property management enterprise and the identity certificate of the agent;
(5) Bank account number.
Article 11 Where the property maintenance fund is managed by the Municipal Housing Authority, the Municipal Housing Authority shall entrust a commercial bank (hereinafter referred to as the "entrusted bank") to handle the property maintenance fund storage business. The entrusted bank shall improve the establishment, storage, use and inquiry procedures of the property maintenance fund account. The escrow unit and the entrusted bank of property maintenance funds shall establish a publicity and inquiry system for property maintenance funds.
Twelfth maintenance funds escrow maintenance funds escrow activities shall accept the inspection and supervision of the Municipal Housing Authority and the owners' committee.
The maintenance fund entrusted by the municipal housing property authority shall be subject to the audit supervision of the audit department. Article 13 When the maintenance fund is idle, it is strictly forbidden to use it for other purposes except for purchasing government bonds or other purposes as stipulated by laws and regulations.
Fourteenth maintenance fund from the date of deposit in the maintenance fund account, according to the current interest rate stipulated by the state, the net interest income is transferred to the maintenance fund for rolling use and management.
Fifteenth property maintenance fund shall not be used during the warranty period. The use of the maintenance fund is proposed by the property management enterprise, and it will be implemented after the owners' committee submits it to the owners' meeting for deliberation and approval or more than 60% of the owners sign it. The maintenance fund shall be managed by the Municipal Housing Authority, allocated with the approval of the Municipal Housing Authority, and shall be approved within 5 working days if it meets the requirements for use.
Sixteenth before the establishment of the owners' committee, it is necessary to use the maintenance fund, and the selling unit or the property management unit shall put forward the use plan. After more than 60% of the owners sign and agree, the Municipal Housing Property Authority approves the allocation, and the * * * parts of the house and the * * * facilities and equipment need emergency maintenance.
Situation, not timely maintenance will seriously affect the interests of the owners or housing safety, the owners' committee can timely organize maintenance, the expenses incurred can be charged in the maintenance fund. The maintenance fund shall be managed by the Municipal Housing Authority and allocated after verification.
Article 17 The use of maintenance funds shall be shared by the owners according to the construction area of which they own property rights, and shall be recorded in the accounts in time after each use, and deducted from the maintenance funds paid by households. Eighteenth maintenance fund is less than 30% of the first maintenance fund, the owners' committee shall continue to raise funds according to the proportion of the construction area owned by the owners. The amount of renewal shall not be less than 70% of the total amount of maintenance funds collected for the first time.
Nineteenth when the owner transfers the ownership of the house, the balance of the maintenance fund is transferred with the ownership of the house. The balance of the maintenance fund paid by the original owner shall be paid to the original owner by the property transferee, unless otherwise agreed by the parties.
If the property is lost due to demolition or other reasons, the escrow unit of the property maintenance fund shall return the book balance of the maintenance fund to the owner.
Twentieth property management companies in the event of replacement. The accounts of the escrow property maintenance fund shall be audited by the owners' committee. If it needs to be handed over to a new property management enterprise, it shall go through the handover procedures. The changed property maintenance fund account shall be reported to the Municipal Housing Authority for the record within one month from the date of handover.
Twenty-first prohibit any unit or individual from misappropriating maintenance funds.
If the maintenance fund escrow unit violates the provisions of these measures, misappropriates maintenance funds or causes losses of maintenance funds, it shall bear administrative and civil liabilities according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-second qualified units can use the parts, facilities and equipment of the house.
Maintenance is funded. The owner can use the house overhaul expenses in the housing accumulation fund as the expenses of the * * * used parts and the * * * used facilities and equipment maintenance fund.
Twenty-third the term "more than 60% of the owners" as mentioned in these Measures refers to more than 60% of the total number of owners who have an interest in the maintenance project and should share the maintenance costs.
Article 24 If the maintenance fund is not entrusted to the Municipal Housing Authority for escrow, the owners' committee shall formulate a regional maintenance fund management system for property management according to the relevant provisions of the state and these measures, which shall be implemented after the approval of the owners' meeting and reported to the Municipal Housing Authority for the record. Twenty-fifth county (city) property maintenance fund management with reference to these measures.
Article 26 Before the implementation of these measures, if the property maintenance fund has not been established for commercial housing and public housing for sale, the purchaser and the public housing sale unit shall repay the property maintenance fund in accordance with the standards stipulated in these measures; If the collected maintenance fund standard is lower than the provisions of these measures, the provisions of these measures shall prevail.
Twenty-seventh these Measures shall come into force as of March 65, 2003 +0.