1. under what circumstances should the maintenance fund of the community be used?
Community maintenance fund can be used in the following circumstances:
1. The maintenance fund can only be used when the warranty period expires, the public parts of the property and the * * * facilities and equipment are overhauled, updated and transformed.
2. The property management company can temporarily borrow the reserve fund equivalent to one month's daily maintenance and update cost of the property from the maintenance fund; Unless otherwise agreed in the property management service contract.
3, residential overhaul or special maintenance, update, you can extract the advance payment agreed in the construction contract, but the advance payment shall not exceed 30% of the total project.
4. The owners' committee may keep a reserve fund equivalent to one month's activity funds in the account of the property management enterprise, unless otherwise decided by the owners' congress.
Article 28 1 of the Civil Code stipulates that the maintenance fund of buildings and their ancillary facilities shall be owned by the owners. By the owner * * * to make a decision;
It can be used for local maintenance and renovation of elevators, roofs, external walls and barrier-free facilities. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly.
In case of emergency, if the building and its ancillary facilities need to be repaired, the owners' assembly or the owners' committee may apply for the maintenance funds of the building and its ancillary facilities according to law. .
Second, the maintenance fund application procedures
According to the provisions of Article 23 of the Measures for the Administration of Residential Special Maintenance Funds, if the residential special maintenance funds need to be used after being transferred to the owners' congress for management, the following procedures shall be followed:
(a) the realty service enterprise puts forward the use plan, which shall include the maintenance, renewal and transformation projects, cost budget, cost range, emergencies that endanger the safety of the house and other situations that require the temporary use of special maintenance funds for the house.
(two) the owners' congress passed the use plan according to law.
(3) The realty service enterprise organizes the implementation of the use plan.
(four) the realty service enterprise shall submit relevant materials to the owners' committee for collecting special maintenance funds for residential buildings; Among them, the use of public housing residential special maintenance funds, to the department responsible for the management of public housing residential special maintenance funds for expenses.
(five) the owners' committee shall examine and approve the use plan and report it to the construction (real estate) departments of the people's governments of municipalities, cities and counties for the record; The use of public housing residential special maintenance funds, approved by the department responsible for the management of public housing residential special maintenance funds; If the competent department of construction (real estate) of the people's government of a municipality directly under the Central Government or the department responsible for managing the special maintenance funds of public housing finds that it does not conform to the relevant laws, regulations, rules and use plans, it shall be ordered to make corrections.
(VI) The owners' committee and the department responsible for the management of special maintenance funds for public housing issued the Notice on the Transfer of Special Maintenance Funds for Housing to the special account management bank.
(seven) the special account management bank will allocate the required residential special maintenance funds to the maintenance unit.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 3 of the Measures for the Administration of Residential Special Maintenance Funds.
The * * * part of the house as mentioned in these Measures refers to the * * * part shared by the owner of a single house or the owner of a single house and its connected non-residential owners according to the laws, regulations and the house sales contract, and generally includes: the foundation, load-bearing walls, columns, beams, floors, roofs, outdoor walls, hallways, stairwells, corridors, etc.
The measures referred to in * * facilities and equipment refers to the ancillary facilities and equipment used by residential owners or residential owners and related non-residential owners according to laws, regulations and house sales contracts, generally including elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating parking garages, public cultural and sports facilities and facilities and equipment used in * * * rooms.