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Measures of Shanghai Municipality on the Administration of Commercial Residential Maintenance Fund
Article 1 (Purpose and Basis)

In order to strengthen the management of commercial housing maintenance funds in this Municipality and ensure the normal maintenance and renewal of commercial housing and related public facilities, these measures are formulated in accordance with the Regulations of Shanghai Municipality on the Administration of Residential Property. Article 2 (Scope of Application)

These Measures shall apply to the establishment, use and management of the commodity residential maintenance fund (hereinafter referred to as the maintenance fund) within the administrative area of this Municipality. Article 3 (Administrative Department)

Shanghai Municipal Bureau of Housing and Land Resources (hereinafter referred to as the Municipal Bureau of Real Estate Resources) is the administrative department in charge of property management in this Municipality, and is responsible for organizing the implementation of these measures. The district and county real estate management departments are the administrative departments in charge of property management in this area, and supervise and manage the establishment and use of maintenance funds in accordance with these Measures. Article 4 (Establishment of Maintenance Fund)

A maintenance fund shall be established for newly-built commercial housing. If a maintenance fund is set up for the sale of newly-built export commercial housing, it shall be agreed by the real estate development enterprise and the purchaser in the residential transfer contract; If the maintenance fund is not set up when the house is sold, the owners' congress or the owners' congress may decide to set it up and stipulate it in the owners' convention. Article 5 (Opening of Special Account for Maintenance Fund)

Before the establishment of the owners' committee, the district and county real estate management departments where the maintenance fund property is located shall supervise it on behalf of the owners, and the principal and interest shall be owned by the owners, and no unit or individual may use it.

The district and county real estate management departments shall sign an entrustment agreement with the city's commercial banks (hereinafter referred to as specialized banks) to open a special account for maintenance funds within their respective jurisdictions. The opening of a special account for maintenance funds shall be based on a property management area, and an account shall be set up for each residential unit, and the sub-accounts of each residential unit shall be listed separately; If a house has two or more door numbers, an account should be set up according to the door number, and an account should be set up separately for each residential unit. Article 6 (Payment Standard of Initial Maintenance Fund)

Real estate development enterprises and new residential commercial housing buyers shall pay the first maintenance fund in accordance with the following standards:

(1) For residential buildings equipped with elevators, real estate development enterprises shall pay 4% of the cost price per square meter of construction area; For houses without elevators, real estate development enterprises shall pay 3% of the construction area per square meter.

(2) For residential buildings equipped with elevators, the purchaser shall pay 3% of the cost price per square meter of construction area; For houses without elevators, the purchaser shall pay 2% of the cost price per square meter of construction area.

The cost per square meter of the construction area of new commercial residential buildings is approved by the Municipal Bureau of Premises and Resources and the Municipal Price Department.

If a maintenance fund is set up when the newly-built export commercial housing is sold, the first payment standard shall be agreed by the real estate development enterprise and the purchaser in the residential transfer contract; If the owners' congress or the owners' congress decides to set up a maintenance fund, all owners shall pay the first maintenance fund according to the standards agreed in the owners' convention. Article 7 (Time Limit for Paying the First Maintenance Fund)

Real estate development enterprises and new commercial housing buyers shall pay the first maintenance fund within the following period:

(1) A real estate development enterprise shall, before handling the initial registration of the ownership of newly-built commercial housing, deposit the maintenance fund of newly-built commercial housing in a special bank in accordance with the provisions of Item (1) of Paragraph 1 of Article 6 of these Measures.

(2) The purchaser shall deposit the maintenance fund of the purchased commercial house into a special bank in accordance with the provisions of Item 2, Paragraph 1, Article 6 of these Measures before handling the registration of the change of real estate rights.

(3) For the commercial housing that has not been sold at the time of the establishment of the owners' committee, the real estate development enterprise shall, within/0/5 days from the date of the establishment of the owners' committee, pay the maintenance fund in accordance with the provisions of Item 2 of Paragraph 1 of Article 6 of these Measures and deposit it in a special bank. Real estate development enterprises and buyers of newly-built domestic commercial houses shall submit bank receipts for special accounts to the real estate registration agencies when handling the initial registration of ownership of newly-built commercial houses and the registration procedures for the change of real estate rights.

If a maintenance fund is set up when a newly-built export commodity house is sold, the first maintenance fund shall be deposited in a special bank within the time limit stipulated in the residential transfer contract; If the owners' congress or the owners' congress decides to set up a maintenance fund, all owners shall deposit the first maintenance fund into the bank specified in Article 10 of these Measures within the time limit stipulated in the owners' convention. Article 8 (Confirmation and Publication of Deposit of the First Maintenance Fund)

District and county real estate management departments shall regularly check the deposit of the first maintenance fund and publish it once a year. Article 9 (Undertaking the Maintenance and Renewal Expenses of Early Property)

Before the establishment of the owners' committee, the maintenance fund shall not be used for property maintenance and renewal, and the expenses shall be borne by the real estate development enterprises. Article 10 (Opening of Maintenance Fund Account)

After the establishment of the owners' committee, it shall sign an entrustment agreement with the city's commercial banks (hereinafter referred to as banks) to open a maintenance fund account in the property management area.

The maintenance fund account is opened for each residence, and each residential unit is divided into separate accounts; If a house has two or more door numbers, an account shall be set up according to the door number, and the subsidiary ledger of each residential unit shall be separated. Article 11 (Documents and Materials Submitted for Opening Maintenance Fund Account)

When opening a maintenance fund account, the owners' committee shall submit the following documents and materials:

(1) Application for opening an account;

(two) the approval document for the establishment of the owners' committee;

(three) the owner's household list;

(four) the seal of the director and deputy director of the owners' committee and the special financial seal of the owners' committee;

(5) Property management service contract.

The list of owners specified in the preceding paragraph shall be provided to the owners' committee after verification by the district and county real estate management departments. The format of the owner's household inventory shall be formulated by the Municipal Bureau of Premises and Resources jointly with relevant departments.

If the owners' committee entrusts the property management enterprise to handle the account opening formalities, it shall also submit a written power of attorney.