Can developers collect housing maintenance funds?
According to Article 4 of the Measures for the Administration of Facilities and Equipment Maintenance Funds in Residential Areas promulgated by the Ministry of Construction and the Ministry of Finance 1998, "All commercial houses and public houses shall set up facilities and equipment maintenance funds in residential areas." The maintenance fund is specially used for the overhaul, renewal and transformation of residential parts and facilities and equipment after the warranty period expires. At the same time, Article 5 of the Measures stipulates: "When selling commercial housing, the buyer and the seller shall sign a maintenance fund payment agreement. Property buyers should pay the maintenance fund to the selling 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. " At the same time, the Property Law, which will come into effect on June 10, stipulates: "Owners can set up owners' meetings and elect owners' committees." "The following matters are decided by the owner: raising and using the maintenance funds of the building and its ancillary facilities." "The maintenance funds of the building and its ancillary facilities belong to the owner * * *. With the consent of the owner, it can be used for the maintenance of elevators, water tanks and other parts. The collection and use of maintenance funds should be announced. " Accordingly, if there is no owners' meeting in the community, the selling unit can collect the public maintenance fund on its behalf, which is generally 2-3% of the house price, and the maintenance fund belongs to the same owner.