Consequences of using the maintenance fund:
1. The private automatic maintenance fund was sued and faced with corresponding compensation. Because the maintenance fund is the maintenance fund for the public parts and facilities and equipment of residential buildings, it can only be used after being approved by the owners' meeting, otherwise it cannot be used for other purposes.
2. The maintenance fund is mainly used to repair, update and transform the parts, equipment and facilities used by the property after the warranty period expires. If the public maintenance fund is used, it shows that there are serious problems with the housing or facilities in this building. If it continues to be held, it will be difficult to appreciate and realize in the future.
under what circumstances can the public * * * maintenance fund be withdrawn urgently
1. The fire protection system in the residential area is in trouble, and the fire protection management department requires the maintenance, renewal and transformation of fire protection equipment.
2. The collapse, blockage and bursting of the special drainage facilities in the residential area cause obstacles to use and endanger personal and property safety.
3. One fifth of the stairs outside the residential area are in danger of falling off.
4. Water supply interruption caused by pump damage in high-rise residential buildings in residential quarters.
5. Personal safety is endangered by elevator failure in the residential area.
how to apply for the use of maintenance funds
according to the regulations on property management and the measures for the administration of special maintenance funds for residential buildings, the use of maintenance funds shall be handled in accordance with the following procedures:
1. The property service enterprises shall put forward suggestions for use, and the relevant owners shall put forward suggestions for use if there are no property service enterprises.
2. Owners whose exclusive parts account for more than 2/3 of the total building area and account for more than 2/3 of the total number of owners within the scope of maintenance funds will discuss and pass the use suggestions.
3. The realty service enterprise or relevant owners shall organize the implementation of the use plan.
4. The realty service enterprise or related industries shall apply to the administrative department of real estate for the relevant materials to be charged.
5. After the approval of the real estate administrative department, a notice of transfer of maintenance funds will be issued to the special account management bank.
6. The special account management bank transfers the required maintenance funds to the maintenance unit.
What are the consequences of the owner's signature of the maintenance fund
1. If you apply to use the maintenance fund and two-thirds of the owners have signed it, it means that there is something really wrong with the house, so you need to use it and rebuild it. For example, roofs or external walls, load-bearing walls, corridors, passages, etc., are all used by maintenance funds.
2. If there is a problem, you can only continue to live by applying for the maintenance fund. I am afraid that the house will depreciate and it will be difficult to appreciate, but there will be no other adverse consequences. Don't worry.
3. If the residential area needs maintenance, there are special maintenance funds and emergency funds in some public facilities and houses. If there is an unexpected situation, you can apply for the use of the maintenance fund, which requires the consent of the owners, and two-thirds of the owners can agree.
Legal basis
Article 282 of the Civil Code of the People's Republic of China
The income generated by the construction unit, the property service enterprise or other managers from the use of part of the owner's * * *, after deducting reasonable costs, belongs to the owner.
Article 283 Where there is an agreement on matters such as cost sharing and income distribution of the building and its ancillary facilities, such agreement shall prevail; If there is no agreement or the agreement is not clear, it shall be determined according to the proportion of the exclusive area of the owner.
article 284 the owner may manage the building and its ancillary facilities by himself, or entrust the management to the realty service enterprise or other managers. The owner has the right to replace the realty service enterprise or other manager hired by the construction unit according to law.