Measures for the administration of residential special maintenance funds Article 22 Where the residential special maintenance funds need to be used before being transferred to the owners' congress for management, the following procedures shall be followed:
(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.
Twenty-fifth the following expenses shall not be charged from the residential special maintenance funds:
(a) according to the law should be borne by the construction unit or the construction unit of residential parts, facilities and equipment maintenance, renovation and renovation costs;
(two) the maintenance and maintenance costs of water supply, power supply, gas supply, heating, communication, cable TV and other pipeline facilities that should be borne by the relevant units according to law;
(three) artificial damage to residential parts and facilities, the repair costs required by the parties;
(four) according to the realty service contract, the realty service enterprise shall bear the maintenance and maintenance costs of residential parts and facilities.
Article 37 Whoever, in violation of the provisions of these measures, misappropriates special residential maintenance funds shall be recovered by the competent department of construction (real estate) of the local people's government at or above the county level, and the illegal income shall be confiscated, and a fine of less than 2 times the misappropriated amount may be imposed; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.
If the property service enterprise misappropriates special maintenance funds for residential buildings, if the circumstances are serious, it shall be punished in accordance with the provisions of the preceding paragraph, and the qualification certificate shall be revoked by the department that issued the qualification certificate.
If the construction (real estate) department of the people's government of a municipality directly under the central government misappropriates the special maintenance funds for houses, the construction (real estate) department of the people's government at the next higher level shall recover the misappropriated special maintenance funds for houses, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Where the financial department of the people's government of a municipality directly under the central government, a city or a county misappropriates the special maintenance fund for houses, the financial department of the people's government at a higher level shall recover the misappropriated special maintenance fund for houses, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 38 Where the competent department of construction (real estate) of the people's government of a municipality directly under the central government, city or county violates the provisions of Article 26 of these Measures, the competent department of construction (real estate) of the people's government at the next higher level shall order it to make corrections within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If losses are caused, compensation shall be made according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Where the financial department of the people's government of a municipality directly under the Central Government, a city or a county violates the provisions of Article 26 of these Measures, the financial department of the people's government at the next higher level shall order it to make corrections within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If losses are caused, compensation shall be made according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
If the owners' congress violates the provisions of Article 26 of these Measures, the competent department of construction (real estate) of the people's government of the municipality directly under the central government, city or county shall order it to make corrections.
Thirty-ninth acts in violation of the provisions on the management of special bills for residential special maintenance funds shall be investigated for legal responsibility in accordance with the relevant provisions of the Regulations on Punishment of Financial Violations.
Article 40 The competent construction (real estate) departments, financial departments and their staff of the people's governments at or above the county level shall take advantage of their positions, accept property or other benefits from others, fail to perform their supervision and management duties according to law, or fail to investigate and deal with illegal acts, and be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.