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Three conditions for starting the housing maintenance fund
Legal analysis: 1, the special maintenance funds are fully collected in place, and the maintenance projects are in line with the scope of maintenance funds;

2, the owners' committee for approval according to the use plan, and report to the municipal, city and county people's government construction (real estate) departments 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;

3, involving the property management area or all the owners, has been agreed in writing by the owners' meeting, and the exclusive part accounts for more than 2/3 of the total construction area and accounts for more than 2/3 of the total number of owners.

Legal Aid: Measures for the Administration of Special Maintenance Funds for Residential Buildings

Twenty-second residential special maintenance funds transferred to the owners' congress management, need to use residential special maintenance funds, in accordance with the following procedures:

(a) the realty service enterprise puts forward suggestions according to the maintenance and renovation projects; If there is no property service enterprise, the relevant owners will put forward suggestions for use;

(two) the exclusive part accounts for more than two-thirds of the total construction area and accounts for more than two-thirds of the total number of owners within the scope of the use of residential special maintenance funds;

(three) the realty service enterprise or the relevant owners organize the implementation of the use plan;

(four) the realty service enterprise or the host of the relevant industry holds the relevant materials and applies for the fee to the competent department of construction (real estate) of the local city or county people's government; 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;

(5) The competent department of construction (real estate) of the people's government of the municipality directly under the Central Government or the department in charge of managing the special maintenance funds for public housing shall, after examination and approval, issue a notice on the transfer of the special maintenance funds for housing to the special account management bank;

(six) the special account management bank will allocate the required residential special maintenance funds to the maintenance unit.

Twenty-third residential special maintenance funds transferred to the owners' congress management, need to use residential special maintenance funds, in accordance with the following procedures:

(a) the realty service enterprise puts forward the use plan, which shall include the maintenance, renewal and transformation projects, cost budget, cost range, emergency situations that endanger the safety of houses and other situations that require temporary use of special maintenance funds for houses. ;

(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; Same as article 22, item 4;

(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; 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 of public housing shall be ordered to make corrections if it finds that it does not conform to the relevant laws, regulations, rules and use plans;

(six) the owners' committee and the competent department in charge of the management of special maintenance funds for public housing issued a notice of the transfer of special maintenance funds for residential buildings to the special account management bank;

(seven) the special account management bank will allocate the required residential special maintenance funds to the maintenance unit.

Twenty-fourth due to the emergency that endangers the safety of the house, it is necessary to repair, update and transform the parts and facilities of the house immediately, and the special maintenance funds for the house shall be extracted in accordance with the following provisions:

(a) before the special maintenance funds for residential buildings are transferred to the owners' congress for management, they shall be handled in accordance with the provisions of Item 4, Item 5 and Item 6 of Article 22 of these Measures;

(two) residential special maintenance funds transferred to the owners' congress management, in accordance with the provisions of the fourth, fifth, sixth and seventh twenty-third.

After the occurrence of the situation mentioned in the preceding paragraph, if the maintenance, renewal and transformation are not carried out according to the provisions, the construction (real estate) departments of the people's governments of municipalities directly under the central government, cities and counties may organize the maintenance on their behalf, and the maintenance expenses shall be charged from the detailed account of the special maintenance funds of the relevant owners' houses; Among them, involving the sold public housing, it should also be charged from the special maintenance funds of public housing.