First, the housing maintenance fund actually includes the housing public facilities special fund and the housing maintenance fund. The special fund for housing public facilities is referred to as the special fund, which is used for projects such as the renovation of common parts of property and public facilities and equipment, and shall not be used for other purposes. The special fund implements the principle that money goes with the house. When the house is transferred, the house maintenance fund will also be transferred to the new property owner.
Two, housing maintenance fund, for the main structure of the house, public parts and public facilities and equipment after the expiration of the warranty period of large and medium-sized repair and renovation projects. The main load-bearing structures of houses include foundation, internal and external load-bearing walls, columns, beams, floors and roofs. Public parts refer to outdoor walls, hallways, stairwells, corridors, etc. Public facilities and equipment refer to water supply and drainage pipelines and equipment, distribution cables and equipment, elevators, public lighting, fire-fighting facilities, green spaces, roads, ditches, non-operating parking garages, public cultural and sports facilities and other facilities and equipment owned and used by the owner. The maintenance fund is managed by the Housing Authority and applied for funds from the Housing Authority ".
Four, the fixed assets belonging to the residential area belong to all residents of the residential area, including the power transformer in the residential area.
The ownership of assets determines the authority, and residents in residential areas have the right to use transformers and pay the corresponding electricity bills. Generally speaking, if the owner's electricity fee is charged directly by the power company, it belongs to the public transformer. If it is collected by a property management company, it is a private change. It is suggested that the questioner first make clear whether the transformer belongs to private transformer or public transformer. The public transformer was built by the power company entrusted by the developer at that time, and the subsequent management and maintenance were also undertaken by the power company. The special transformer is set by the property management company entrusted by the owner as a public facility, and the subsequent management and maintenance is the responsibility of the property management company.
If the property company is unable to pay the maintenance fee because the householder defaults on the electricity bill, the property company can claim to fulfill the right of defense. If the property company has paid the maintenance fee in advance, the householder shall perform the corresponding obligations in accordance with the property management contract. According to the relevant judicial interpretation, the owner cannot pretend not to enjoy the relevant property services, refuse to pay the property service fee and refuse to repair the transformer.
legal ground
Article 28 1 of the Civil Code of People's Republic of China (PRC)
The maintenance fund of the building and its ancillary facilities belongs to the owner.
With the consent of the owner, it can be used for local maintenance, renewal and transformation 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.