Will overhaul fund not pay the arrears?

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What are the consequences of not paying the maintenance fund? ... spread out

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Anonymous user

202 1- 1 1-22

It is illegal not to pay the maintenance fund.

1. The management method of residential maintenance fund is clear, and the owner must pay the residential maintenance fund when buying or handing over the house. And the real estate company or property management company has given you relevant bills;

2. Ask for payment again. Is it because the house has passed the warranty period and the maintenance funds used by the industry Committee or the property management company have run out? The house is old and needs maintenance, and the equipment, facilities and venues need upgrading? In addition to this situation, it is necessary to pay the maintenance fee again, and there will be no re-payment. Moreover, this money is generally raised on demand according to the property area, not a maintenance fund.

3. The third case is that the payment has been made before, but the project is not completed. The real estate company ran away and cancelled, and it has been unable to find anyone, which is restricted to high consumption. In this case, it is still necessary to re-pay the housing maintenance fund, because it is impossible to maintain houses and equipment, maintain venues, etc. without paying.

4. The property company asks for money, but it is an act of collecting and remitting. This money will always belong to all owners, not to the property management company. Property companies can only use it reasonably and legally according to the approval of the Housing and Construction Bureau.

Answer at 2021-11-22.

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Can the maintenance fund not be paid?

The consequence of not paying the maintenance fund is that the normal delivery procedures cannot be carried out, and the buyers will not be able to deliver the house. The housing maintenance fund is mainly used for the maintenance and conservation of public parts, facilities and equipment in the community, and is supervised by the community property and owners' committee. If it is to be used, it must be approved by two-thirds of the owners. Service conditions of maintenance fund: 1. If there is a property management company in the community, the maintenance fund shall be proposed by the property; if there is no property management company in the community, it shall be proposed by the relevant users; 2. The maintenance fund for the maintenance of public parts shall be discussed by the owners whose maintenance parts account for more than two thirds of the total construction area, and can only be used with the consent of more than two thirds of the owners; 3. After deciding to use the housing maintenance fund, the organizer shall formulate the use plan, submit relevant materials to the real estate administrative department, and then apply for expenses; 4. The staff of the real estate administrative department will review the submitted materials, and if they are completely true, they will issue a notice to the bank managed by the special account to use the housing maintenance fund; 5. After confirmation by notice, the special account management bank agrees to transfer the housing maintenance funds to the maintenance unit account. According to Article 7 of the Law "Measures for the Administration of Special Maintenance Funds for Residential Buildings", the owners of commercial residential buildings and non-residential buildings shall deposit special maintenance funds for residential buildings according to the construction area of their own properties, and the amount of the first-phase special maintenance funds for residential buildings shall be 5% to 8% of the cost per square meter of local residential construction and installation projects. The competent departments of construction (real estate) of the people's governments of municipalities directly under the central government, cities and counties shall, according to local conditions, reasonably determine and announce the amount of the first-phase residential special maintenance fund deposited per square meter of construction area, and make timely adjustments. Article 8 Where public housing is sold, the special housing maintenance fund shall be deposited in accordance with the following provisions: (1) The owner shall deposit the special housing maintenance fund according to the construction area of the property he owns, and the amount of the first special housing maintenance fund deposited per square meter of construction area shall be 2% of the local housing reform cost price. (two) units selling houses shall, in accordance with the proportion of not less than 20% of multi-storey houses and not less than 30% of high-rise houses, draw a one-time special maintenance fund for houses from the sales funds. Article 10 Before the establishment of the owners' meeting, the residential special maintenance funds deposited by commercial residential owners and non-residential owners shall be managed by the construction (real estate) department of the people's government of the municipality, city or county where the property is located. The competent departments of construction (real estate) of the people's governments of municipalities directly under the central government, cities and counties shall entrust local commercial banks as the management banks of special residential maintenance funds accounts within their respective administrative areas, open special residential maintenance funds accounts, and set up sub-accounts with the property management area as the unit according to the house number; If the property management area is not demarcated, an account shall be set up in units of buildings, and a sub-account shall be set up according to the house number. Warm reminder that the above answer is only for the current information combined with my understanding of the law. Please refer carefully! If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.

Lawyer Jia

July 2022 answer-15

146 browsing

Can the maintenance fund not be paid?

The maintenance fund shall not be withheld. According to the relevant regulations of the state on maintenance fund, the owner must pay the maintenance fund before handing over the house. The owner must pay in full and on time. Pay the maintenance fund to the relevant maintenance fund collection department, otherwise you will not be able to apply for the real estate license and register with the real estate management department, which will bring great trouble to the subsequent use of the real estate, so the maintenance fund cannot be paid. Charge standard of extended information maintenance fund: 1. The charging standard of commercial housing is 2% of the total house price, which is relatively common in China. The implementation method of the new regulations has been used since 2008. It is suggested that friends who are considering buying commercial housing in the near future can learn more about the specific charging standards and the fees that individuals have to pay. 2. We need to see if it is a multi-storey house, and the charging standards are different for different building structures. Take Beijing as an example, if it is a multi-storey residence, it will be charged at the current standard of 100 yuan per square meter, and if it is a high-rise building, it will be charged at 200 yuan per square meter. Different charging standards mainly take into account the different expenses of different residential buildings. Property charges in different communities, in order to improve the quality of public infrastructure, regular maintenance work, so as to improve the quality of public infrastructure. 3. According to the different designs of different residential properties, non-residential properties in residential areas or single building structures, the charging standards also fluctuate. It is suggested that you can combine the local charging standards to determine the specific charging content. 4. It should be collected by the open business agent and the money is collected by the open business agent. It is mainly used for the maintenance and renovation of residential equipment and public facilities in the property management area after the expiration of the maintenance period. The state stipulates that the ownership of such funds belongs to the householder and cannot be used for other purposes at will. The charging standard of public maintenance fund will affect the interests of residents. I suggest that you think about all the details in advance, so that you can pay for nothing and protect your rights reasonably.

Anonymous user

February 2022 answer-18

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