Legal analysis
The maintenance fund belongs to all owners of the community. If the developer misappropriates it, the community will set up an owners' committee, which can be in the name of the community industry committee. The developer's behavior is illegal and infringement, and rights can be protected through legal channels. Misappropriation of housing maintenance funds to a certain amount without returning the misappropriated funds will constitute a criminal offence and be punished according to the crime of misappropriation of funds. Employees of companies, enterprises or other units who, by taking advantage of their positions, misappropriate the funds of their own units for personal use or lend them to others shall be prosecuted if they are suspected of one of the following circumstances: those who misappropriate the funds of their own units are more than 6,543,800 yuan and less than 30,000 yuan, and have not paid them back for more than three months; Misappropriation of the unit's funds of 6,543,800 yuan to more than 30,000 yuan for profit-making activities; Misappropriating the funds of this unit for illegal activities in an amount of more than 5,000 yuan but less than 20,000 yuan.
legal ground
Article 272 of the Criminal Law of People's Republic of China (PRC) is amended as: "Staff members of companies, enterprises or other units who, by taking advantage of their positions, misappropriate the funds of their own units for personal use or lend them to others, and the amount is not paid back for more than three months, or if the amount is not more than three months, they are engaged in profit-making activities or illegal activities, and shall be sentenced to fixed-term imprisonment of not more than three years. Whoever misappropriates a huge amount of funds from his own unit shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the amount is particularly huge, it shall be sentenced to fixed-term imprisonment of more than seven years. " Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law. "Whoever commits the act in the first paragraph and returns the misappropriated funds before initiating public prosecution may be given a lighter or mitigated punishment. Among them, if the circumstances of the crime are minor, the punishment may be mitigated or exempted. "