Article 6 The owners of the following properties shall deposit special residential maintenance funds in accordance with the provisions of these Measures:
(a) residence, except that it is jointly owned by the owners and does not use parts and facilities with other properties;
(2) Non-residential buildings in residential quarters or non-residential buildings connected with single residential structures outside residential quarters.
If the property belongs to the sale of public housing, the selling unit shall deposit special maintenance funds for the house in accordance with the provisions of these Measures.
Article 7 The owners of commercial residential and non-residential houses shall deposit special maintenance funds for houses according to the construction area of their own properties, and the amount of the first special maintenance funds for houses shall be 5% to 8% of the construction and installation cost of local houses per square meter. The competent departments of construction (real estate) of the people's governments of municipalities directly under the central government, cities and counties shall, according to local conditions, reasonably determine and announce the amount of the first-phase residential special maintenance fund deposited per square meter of construction area, and make timely adjustments.
Eighth sale of public housing, in accordance with the following provisions of the deposit of residential special maintenance funds:
(1) The owner shall deposit the special maintenance fund for the house according to the construction area of the property owned by him, and the amount of the first special maintenance fund for the house per square meter of construction area shall be 2% of the local housing reform cost price. (two) units selling houses shall, in accordance with the proportion of multi-storey residential buildings and high-rise residential buildings of not less than 20% and 30% respectively, draw a one-time special maintenance fund for houses from the sales funds.
Ninth residential special maintenance funds deposited by the owners belong to the owners.
The residential special maintenance funds extracted from the public housing sales fund are owned by the public housing sales unit.
Article 10 Before the establishment of the owners' meeting, the residential special maintenance funds deposited by commercial residential owners and non-residential owners shall be managed by the construction (real estate) department of the people's government of the municipality, city or county where the property is located. The competent departments of construction (real estate) of the people's governments of municipalities directly under the central government, cities and counties shall entrust local commercial banks as the special account management banks for residential special maintenance funds within their respective administrative areas, and open special accounts for residential special maintenance funds in the special account management banks. To open a special residential maintenance fund account, an account shall be set up based on the property management area, and a sub-account shall be set up according to the house number; If the property management area is not demarcated, an account shall be set up in units of buildings, and a sub-account shall be set up according to the house number.
Eleventh before the establishment of the owners' meeting, the special maintenance funds for the sold public housing shall be managed by the financial department of the people's government of the municipality directly under the central government, the city or the county where the property is located or the competent department of construction (real estate). The department responsible for the management of special maintenance funds for public housing shall entrust a local commercial bank as the special account management bank for special maintenance funds for public housing within its administrative area, and open a special account for special maintenance funds for public housing in the special account management bank. To open a special maintenance fund account for public housing, an account shall be set up according to the unit selling the house and a separate account shall be set up according to the building; Among them, the special residential maintenance funds deposited by the owners shall set up a sub-account according to the house number.
Twelfth commercial housing owners should be in the process of housing occupancy, the first phase of residential special maintenance funds into residential special maintenance funds accounts. Owners who have sold public housing shall deposit the first special maintenance fund for public housing into the special maintenance fund account for public housing or hand it over to the selling unit for deposit into the special maintenance fund account for public housing before going through the housing check-in formalities. Units selling public housing houses shall deposit the extracted special maintenance funds for public housing houses into the special account of special maintenance funds for public housing houses within 30 days from the date of receiving the payment for selling houses.
Thirteenth not according to the provisions of the deposit of the first residential special maintenance funds, development and construction units or public housing units shall not be delivered to the buyer.
Article 14 Banks that manage special accounts and units that sell houses that collect special maintenance funds for houses shall issue special bills for special maintenance funds for houses under the unified supervision of the Ministry of Finance or the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Fifteenth after the establishment of the owners' congress, it shall transfer the residential special maintenance funds deposited by the owners in accordance with the following provisions:
(a) the owners' congress shall entrust a local commercial bank as the special account management bank for residential special maintenance funds within the property management area, and open a special account for residential special maintenance funds in the special account management bank. To open a special residential maintenance fund account, an account shall be set up based on the property management area, and a sub-account shall be set up according to the house number.
(two) the owners' committee shall notify the competent department of construction (real estate) of the local people's government of the municipality directly under the central government, city or county; Involving the sale of public housing, it shall notify the department responsible for the management of special maintenance funds for public housing.
(3) 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 for public housing shall, within 30 days from the date of receiving the notice, notify the special account management bank to transfer the book balance of the special maintenance funds for housing deposited by the owners in the property management area to the special maintenance fund account for housing opened by the owners' meeting, and hand over the relevant accounts to the owners' committee.
Sixteenth residential special maintenance fund account after the transfer of management units, decided by the owners' congress. The owners' congress shall establish a management system for residential special maintenance funds.
The special residential maintenance fund account opened by the owners' meeting shall be subject to the supervision of the construction (real estate) departments of the local people's governments of municipalities directly under the central government, cities and counties.
Seventeenth owners household book residential special maintenance fund balance is less than the first deposit amount of 30%, it should be paid in a timely manner.
If the owners' meeting is established, the renewal plan shall be decided by the owners' meeting.
If the owners' meeting is not established, the specific management measures for the renewal of the lease shall be formulated by the construction (real estate) department of the people's government of the municipality, city or county jointly with the finance department at the same level.
Supplement: In fact, the developer has nothing to do with the residential special maintenance fund. The reason why this fee is charged is because it is necessary to apply for a property right certificate. At present, when property buyers sign a house purchase contract with the developer, if they buy a house with a mortgage loan, they will basically stipulate in the contract that the developer will handle the property certificate on their behalf. This is because the bank requires the developer to assume the phased guarantee responsibility when the developer acts as the mortgage loan agent for the owner. In other words, before the owner's property right certificate is completed, the developer assumes the guarantee responsibility for the owner. Once the owner fails to repay the bank loan, the bank will directly deduct the money from the developer's deposit. Therefore, in order to remove the guarantee responsibility as soon as possible, the developer collects special maintenance funds for the house on the grounds of acting as the agent of the real estate license. Because you can't do the title certificate without paying the special maintenance fund for the house. Just like a chain reaction, in order to save the trouble of urging payment in the future, developers take paying special maintenance funds and deed tax as the conditions for repossession.