Maintenance fund refers to a certain amount of fees paid by the purchaser to the property management service agency where the house is located when purchasing commercial housing, which is used for the maintenance and renewal of public facilities in residential areas or buildings. The payment and use of maintenance funds need to comply with the relevant provisions of the state and the measures for the administration of property management services.
For the maintenance funds that need to be transferred, the details are as follows:
1. Payment of maintenance fund: Generally, the maintenance fund is paid in one lump sum at the time of purchase, and it is paid by the purchaser. If the purchaser entrusts an intermediary company or an agent to conduct transactions when purchasing a house, it is necessary to confirm whether the maintenance fund has been paid.
2. Use of maintenance funds: Property management service agencies need to manage and use maintenance funds on the premise of complying with relevant regulations and management measures. If a large number of public facilities need to be repaired or updated, it shall inform the owners' committee or owners' assembly in advance and discuss and decide. The owners' committee or owners' assembly may vote according to the actual situation, but it must abide by the relevant regulations and procedures.
Scope of use of maintenance fund:
1. The maintenance fund can only be used when the warranty period expires, the public parts of the property and the * * * facilities and equipment are overhauled, updated and transformed. The specific owners shall share the cost proportion according to the determination standard of voting rights.
2. When the maintenance fund is idle, it shall not be used for other purposes except the purchase of treasury bonds or other funds stipulated by laws and regulations.
3. Special purpose:
(1) The property management company can temporarily borrow the reserve fund equivalent to one month's daily maintenance and renewal cost of the property from the maintenance fund; Unless otherwise agreed in the property management service contract.
(2) If the house needs to be overhauled or specially maintained or updated, the advance payment agreed in the construction contract may be withdrawn, but the advance payment shall not exceed 30% of the total project amount.
(3) The owners' committee may keep a reserve fund equivalent to one month's activity funds in the account of the property management enterprise, unless otherwise decided by the owners' meeting.
To sum up, the maintenance fund belongs to the management category of property management service agencies, and buyers do not need to transfer ownership. If there is a problem with the maintenance fund during the transaction, it is suggested that the purchaser communicate and negotiate with the property management service agency or relevant departments to safeguard their legitimate rights and interests.
The law provides that:
Article 28 1 of the Civil Code of People's Republic of China (PRC)
The maintenance fund of the building and its ancillary facilities belongs to the owner. With the consent of the owner, it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly. In case of emergency, if the building and its ancillary facilities need to be repaired, the owners' assembly or the owners' committee may apply for the maintenance funds of the building and its ancillary facilities according to law.