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Does it constitute a crime for developers to overcharge housing maintenance funds?
Legal subjectivity:

If a developer sells more than one room, which meets the requirements of fraud or other criminal offences, it constitutes a criminal offence. Under normal circumstances, the act of selling more than one room does not constitute a criminal offence.

Article 39 of the Measures for the Administration of Commercial Housing Sales stipulates that if the commercial housing that is the subject matter of the contract is sold to others before the termination of the commercial housing sales contract, it shall be given a warning, ordered to make corrections within a time limit, and imposed a fine of 20,000 yuan to 30,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

Legal objectivity:

"Measures for the Administration of Special Maintenance Funds for Residential Buildings" Article 7 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 special maintenance funds for residential buildings deposited per square meter of construction area 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 of the Measures for the Administration of Special Maintenance Funds for Houses, where public houses are sold, special maintenance funds for houses shall be deposited in accordance with the following provisions: (1) The owner shall deposit special maintenance funds for houses according to the construction area of the property he owns, and the amount of the first special maintenance fund for houses 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.