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Can the owners' committee use the maintenance fund?

The owners' committee can use the maintenance fund when the following conditions are met:

1. It is used for the large and medium-sized repair, renewal and reconstruction projects of public parts and public facilities and equipment of the property after the warranty period expires. The public part refers to the outdoor wall, hall, stairwell and corridor of the main load-bearing structure of the property;

2. The public facilities and equipment refer to the non-operating parking garages, public sports facilities and houses used by the owners in the property management area.

The process of using the maintenance fund:

1. The property service enterprise puts forward the use suggestion, and if there is no property service enterprise, the relevant owner puts forward the use suggestion;

2. Owners whose exclusive parts account for more than two-thirds of the total building area and account for more than two-thirds of the total number of owners within the scope of maintenance funds discuss and approve the use suggestions;

3. The realty service enterprise or relevant owners organize the implementation of the use plan;

4. The realty service enterprise or related industries shall host relevant materials and apply to the real estate administrative department for expenses;

5. After the approval of the real estate administrative department, it will issue a notice of transferring maintenance funds to the special account management bank;

6. The special account management bank transfers the required maintenance funds to the maintenance unit.

Legal basis: Article 53 of the Property Management Regulations

Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with a single residential building structure shall pay special maintenance funds in accordance with relevant state regulations.

the special maintenance fund belongs to the owner, which is specially used for the maintenance, renewal and transformation of the * * * parts and facilities of the property after the expiration of the property warranty period, and shall not be used for other purposes.

the measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department of the State Council in conjunction with the financial department of the State Council.

article 54

those who use * * * parts of the property or * * * facilities and equipment for business operations shall go through relevant procedures in accordance with the provisions after obtaining the consent of relevant owners, owners' congress and property service enterprises. The owner's income should be mainly used to supplement the special maintenance funds, and can also be used according to the decision of the owners' meeting.

article 55

when there are potential safety hazards in the property, which endanger the interests of the public and the legitimate rights and interests of others, the responsible person shall timely repair and maintain it, and the relevant owners shall cooperate.