Legal basis: Measures for the Administration of Facilities and Equipment Maintenance Funds in Residential Areas.
Article 5 When a commercial house is sold, the buyer and the seller shall sign the relevant 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. The collection ratio of maintenance funds shall be determined by the real estate administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 7 Maintenance funds shall be deposited in special bank accounts for special purposes. In order to ensure the safety of the maintenance fund, when the maintenance fund is idle, it is strictly forbidden to use it for other purposes except for purchasing government bonds or other scope stipulated by laws and regulations. Maintenance fund households are generally set up according to a single house, and the specific measures are formulated by the municipal and county real estate administrative departments.
Article 9 When the owner handles the house ownership certificate, the commercial housing sales unit shall transfer the maintenance fund collected to the local real estate administrative department for escrow.