How to collect Shenzhen public maintenance fund?
1. According to Article 5 of the Measures for the Management of Maintenance Funds for Facilities and Equipment in Residential Areas, when selling commercial houses, the buyer and the seller shall sign an agreement on payment of maintenance funds.
2. According to the Measures for the Administration of Facilities and Equipment Maintenance Fund in Residential Areas jointly issued by the Ministry of Construction and the Ministry of Finance 1998, the maintenance fund of public facilities and equipment is paid by all owners and owned by all owners. Under normal circumstances, it will be managed by Shenzhen Real Estate Management Bureau. After the establishment of the owners' committee, the public maintenance fund will be handed over to the industry committee, which will exercise the management right.
3. Housing maintenance fund, also known as special maintenance fund, refers to the special fund for the maintenance of common parts and facilities in Shenzhen residential quarters, which is used for the maintenance and conservation of common parts and facilities, including: main load-bearing structural parts, hallways, staircases, passages, outdoor walls, etc.
What are the provisions for the payment and use of Shenzhen Housing Maintenance Fund?
first
In order to strengthen the management of the building maintenance fund (hereinafter referred to as the Fund), maintain the parts and facilities used by the building itself (hereinafter referred to as the parts used by the Company) and ensure the safe use of the building, according to the Regulations of Shenzhen Special Economic Zone on Residential Property Management (hereinafter referred to as the Regulations), the Detailed Rules for the Implementation of the Regulations of Shenzhen Special Economic Zone on Residential Property Management and related property management laws and policies,
second
The ontology fund belongs to the property owners of residential areas, industrial areas and various buildings, and is shared by all the owners of each building according to the construction area of their respective houses. The competent department of ontology fund is the municipal housing department. The residential management departments of all districts shall provide specific guidance and supervision on the use and management of various types of property funds within their respective jurisdictions.
chapter two
Establishment of ontology fund
essay
From the first month after the house is completed and delivered, the owner shall pay the fund to the management office of the property management company on a monthly basis. When the owner changes, the original owner's ontology fund will not be refunded. The housing fund that has been occupied before the implementation of the Regulations and has exceeded the warranty period shall be paid by the owners on a monthly basis from the date of implementation of the Regulations, but with the consent of the owners' management committee or most owners, the payment may be postponed from the date of implementation of these Regulations. Due to the vacancy caused by the development unit, the ontology fund is paid by the development unit.
Article 4
The payment standard of the entity funds shall conform to the guiding standards attached to these Provisions. The guiding standards are formulated and published every two years. The owners' management committee may, after consultation with the property management company, make appropriate adjustments to the payment standard of the ontology fund according to the accumulation of the ontology fund during the use of the house. The fund collected before the implementation of these Provisions shall be managed and used in accordance with these Provisions.
chapter three
Use of funds
Article 5
According to the principle of taking from the people and using it for the people, the ontology fund is used for the maintenance of the house itself.
Article 6
* * * The maintenance of waste parts shall be organized and implemented by the Management Office, and the expenses shall be paid from the ontology fund. * * * Use parts refer to parts, facilities and equipment that are structurally connected with each other or have the nature of * * *, including: load-bearing structural parts of houses (including foundations, roofs, beams, columns, walls, etc. ), seismic structure (including constructional columns, beams, walls, etc.). ), exterior walls, stairwells, public passages, and seismic structures.
Article 7
30% of the ontology fund is used for daily maintenance and sporadic minor repairs of the parts used in the building ontology, and the remaining 70% is used for maintenance projects of the parts used in the building ontology (including new construction and renovation projects, the same below); When it is used for maintenance projects above medium repair, it must be approved in writing by the owners' management committee or more than 50% owners of the building. The standards for major, medium and minor repairs of the use parts of the house shall conform to the relevant standards of the Ministry of Construction. When the whole community (building) is short of funds, it shall be shared by all owners upon the decision of the owners' management committee; When the fund of a single building is insufficient, with the written consent of the owners' management committee or the consent of more than 50% of the owners of the building, the owners of the building shall share it according to the regulations.
Article 8
The management office shall put forward the fund use plan and budget for the next year before 65438+February 3 1 every year, and submit it to the owners' management committee for deliberation and approval. The owner management committee shall give a reply within 15 days after receiving the plan and budget of the management office; If it is not done within the time limit, it shall be deemed as consent; Emergency repair works shall be answered within 7 days, and overdue shall be deemed as consent.
Article 9
For example, the owners' management committee or more than 50% of the owners of the building do not agree to use the ontology fund for maintenance projects above medium repair, and the management office thinks that there are sufficient reasons to use it, or the implementation of the project involves the provisions of the state or the SAR on urban management, housing management, landscaping management, etc. , can be applied by the property management company, approved by the district residential management department before implementation.
Article 10
After the management office uses the ontology funds to complete the maintenance project of the building ontology, the daily maintenance and sporadic minor repairs are signed by the director of the management office as the accounting voucher for the ontology funds expenditure; The above-mentioned projects shall issue a "list of construction projects", which shall be signed by the director of the management Committee or the director of the building (or more than 20% of the owners) and the director of the management office as accounting vouchers for capital expenditures. Chapter IV Ontology Fund Management
Article 11
The management office manages the entity funds for each building, and sets up a special account to store the property entity funds.
Article 12
The revenue and expenditure items of the ontology fund are published by the management office every three months. The fund account lists the project, location, cost, reference and fund balance (single item and total) of the fund application, and accepts the supervision and inquiry of relevant departments and owners.
Article 13
When the management office uses ontology funds to maintain the building ontology, it shall implement the cost quota standard of the corresponding project according to the expenditure situation.
Article 14
If the owner fails to pay the fund as required, the management office may take corresponding dunning measures according to laws and regulations, policies, entrusted management contracts and owners' conventions.
Article 15
If a property management company and its management office commit any of the following acts, the municipal and district housing management departments may punish them according to laws and regulations: 1, and raise the charging standard of the entity fund without authorization; 2. Change the use of the fund for other purposes; 3. Failing to publish the fund income and expenditure accounts within the prescribed time limit; 4. Refuse to accept inquiries from the owners' management committee or owners. If the accounts are not published on time or the inquiry is refused, the owner may refuse to pay the fund.
Article 16
With the consent of the owners' management committee or more than 50% of the owners who have maintained a single building, the daily minor repairs can exceed the proportion of the ontology fund specified in these Provisions, and the excess can be offset in the minor repair fee of the ontology fund in the next year, or the owners' management committee decides to raise the standard of the ontology fund to make up for it.
chapter five
supplementary terms
Article 17
The Municipal Housing Authority shall be responsible for the interpretation of these Provisions.
Article 18
These Provisions shall come into force as of the date of promulgation. The guiding standard of Shenzhen housing maintenance fund is based on the lowest cost housing price in the second half of 1996 and the maintenance scope standard issued by the Ministry of Construction.