The legal basis is Article 18 of the Measures for the Administration of Special Maintenance Funds for Residential Buildings: The special maintenance funds for residential buildings shall be used exclusively for the maintenance, renewal and transformation of residential buildings and facilities after the expiration of the warranty period, and shall not be used for other purposes.
Twenty-second before the transfer of the management of the owners' congress, it is necessary to use the special maintenance funds for residential buildings, and the following procedures shall be followed:
(a) the realty service enterprise puts forward suggestions according to the maintenance and renovation projects; If there is no property service enterprise, the relevant owners will put forward suggestions for use;
(two) the exclusive part accounts for more than two-thirds of the total construction area and accounts for more than two-thirds of the total number of owners within the scope of the use of residential special maintenance funds;
(three) the realty service enterprise or the relevant owners organize the implementation of the use plan;
(four) the realty service enterprise or the host of the relevant industry holds the relevant materials and applies for the fee to the competent department of construction (real estate) of the local city or county people's government; Among them, the use of public housing residential special maintenance funds, to the department responsible for the management of public housing residential special maintenance funds for expenses;
(5) The competent department of construction (real estate) of the people's government of the municipality directly under the Central Government or the department in charge of managing the special maintenance funds for public housing shall, after examination and approval, issue a notice on the transfer of the special maintenance funds for housing to the special account management bank;
(six) the special account management bank will allocate the required residential special maintenance funds to the maintenance unit.
Article 23 of the Measures for the Administration of Residential Special Maintenance Funds: If the residential special maintenance funds need to be used after being transferred to the owners' meeting for management, the following procedures shall be followed:
(a) the realty service enterprise puts forward the use plan, which shall include the maintenance, renewal and transformation projects, cost budget, cost range, emergency situations that endanger the safety of houses and other situations that require temporary use of special maintenance funds for houses. ;
(two) the owners' congress passed the use plan according to law;
(3) The realty service enterprise organizes the implementation of the use plan;
(four) the realty service enterprise shall submit relevant materials to the owners' committee for collecting special maintenance funds for residential buildings; Same as article 22, item 4;
(five) the owners' committee shall examine and approve the use plan and report it to the construction (real estate) departments of the people's governments of municipalities, cities and counties for the record; The use of public housing residential special maintenance funds, approved by the department responsible for the management of public housing residential special maintenance funds; The competent department of construction (real estate) of the people's government of a municipality directly under the central government, city or county or the department responsible for managing the special maintenance funds of public housing shall be ordered to make corrections if it finds that it does not conform to the relevant laws, regulations, rules and use plans;
(six) the owners' committee and the competent department in charge of the management of special maintenance funds for public housing issued a notice of the transfer of special maintenance funds for residential buildings to the special account management bank;
(seven) the special account management bank will allocate the required residential special maintenance funds to the maintenance unit.