Legal analysis: 1. The scope of use of the maintenance fund: mainly includes the public parts and facilities used in the community. Specifically, the public part refers to the part owned by the owner in a single house or shared by the owner and the non-residential owner connected with the structure in a single house, including foundation, load-bearing wall, column, beam, floor, roof, outdoor wall, hall, stairwell, corridor and so on. * * * Facilities and equipment generally include elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating parking lots or garages, public cultural and sports facilities and houses used by facilities and equipment. 2. Procedures for using maintenance funds: 1. Before the maintenance funds are handed over to the owners' meeting for management: (1) The property service enterprise puts forward suggestions for use according to the proposed maintenance, renewal and renovation projects; There is no residential property services companies, the relevant owners put forward suggestions for rational use; (2) Proprietary parts within the scope of residential special maintenance funds account for more than half of the total construction area, and the owners discuss and adopt suggestions for use; (three) the realty service enterprise or the relevant owners organize the implementation of the maintenance fund use plan; (4) Property service enterprises or related industries apply for fees from the local government construction department with relevant materials; (5) After examination and approval, the competent department of construction issues a notice of transfer of residential special maintenance funds to the special account management bank; (6) The special account management bank will transfer the required residential special maintenance funds to the maintenance unit. 2. After the maintenance funds are transferred to the owners' meeting for management: (1) The realty service enterprise puts forward a plan for the use of maintenance funds, which should include the items of maintenance, renewal and renovation, the budget of expenses, the scope of expenditure, possible emergencies that endanger the safety of houses and other ways to deal with the temporary use of special maintenance funds for houses; (2) The owners' meeting passed the maintenance fund use plan according to law; (3) The realty service enterprise organizes the implementation of the use plan; (4) The realty service enterprise shall submit relevant materials to the owners' committee for applying for special maintenance funds for residential buildings; (5) The owners' committee shall examine and approve the use scheme and report it to the competent construction department for the record; If the competent construction department finds that it does not conform to the relevant laws, regulations, rules and use plans, it shall be ordered to make corrections; (6) The owners' committee issues a notice on the transfer of residential special maintenance funds to the special account management bank; (7) The special account management bank will transfer the required residential special maintenance funds to the maintenance unit.
Legal basis: Measures for the Administration of Residential Special Maintenance Funds
Nineteenth residential special maintenance funds should be used in accordance with the principles of convenience, openness and transparency, and the beneficiaries and the burden subjects should be the same.
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.