Public * * * maintenance fund refers to the maintenance fund for public * * * parts and facilities and equipment of residential buildings according to the provisions of the Measures for the Administration of Maintenance Fund for Facilities and Equipment Used in Residential Buildings of the Ministry of Construction. The maintenance fund for units selling public houses is jointly raised by the units selling houses and the employees buying houses, and the ownership belongs to the purchaser, which is used for the maintenance of public parts and facilities of residential buildings.
The scope of use of residential maintenance fund:
It mainly includes the public parts of the community and the facilities and equipment used. Specifically, the public * * * part refers to the part shared by the owners in a single house or the owners in a single house and the non-residential owners connected with it, including foundation, load-bearing walls, columns, beams, floors, roofs, outdoor walls, hallways, stairwells, corridors and so on.
* * * Facilities and equipment generally include elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating parking lots or garages, public cultural and sports facilities and houses used by facilities and equipment.
The realty service enterprise puts forward a maintenance fund use plan, which shall include maintenance, renewal and transformation projects, cost budget, expenditure scope, possible emergencies endangering housing safety and other measures for temporary use of housing and special maintenance funds.
The maintenance fund cannot be refunded. But it can be returned if it meets the following conditions. According to the relevant regulations of our country, if the house is lost, the special maintenance fund for the house shall be returned in accordance with the following provisions: the remaining special maintenance fund for the house in the house ledger shall be returned to the owner; The book balance of residential special maintenance funds deposited by the selling unit shall be returned to the selling unit; If the selling unit does not exist, it shall be confiscated from the state treasury at the same level according to the financial affiliation of the selling unit; These Measures shall apply to the deposit, use, management and supervision of special maintenance funds for commercial housing and after-sale public housing. The term "residential special maintenance funds" as mentioned in these Measures refers to the funds earmarked for the maintenance, renewal and transformation of residential parts and facilities after the expiration of the warranty period; The management of residential special maintenance funds shall follow the principles of special account storage, earmarking, decision-making by authorized persons and government supervision.
Procedures for the use of residential special maintenance funds before they are handed over to the owners' congress for management:
Property service enterprises put forward suggestions for use according to maintenance and renovation projects; If there is no property service enterprise, the relevant owners will put forward suggestions for use;
Proprietary parts account for more than two-thirds of the total construction area and account for more than two-thirds of the total number of people within the scope of the use of residential special maintenance funds.
The realty service enterprise or the relevant owners shall organize the implementation of the use plan;
Property service enterprises or related industries shall host relevant materials and apply for fees to the construction (real estate) departments of local people's governments of municipalities, cities and counties; 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;
After examination and approval by the competent department of construction (real estate) of the people's government of the municipality directly under the central government, city or county or the competent department in charge of managing special maintenance funds for public housing, the notice of transfer of special maintenance funds for housing will be issued to the special account management bank;
The special account management bank will allocate the required residential special maintenance funds to the maintenance unit.
Procedures for the use of residential special maintenance funds after they are handed over to the owners' congress for management:
The realty service enterprise puts forward the use scheme, which shall include the maintenance, renewal and transformation projects, cost budget, cost range, emergencies that endanger the safety of houses and other measures for the temporary use of special maintenance funds for houses;
The owners' congress passes the use plan according to law;
The realty service enterprise organizes the implementation of the use plan;
The realty service enterprise shall submit the residential special maintenance funds and related materials to the owners' committee; 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;
The owners' committee shall examine and approve the use plan and report it to the construction (real estate) departments of the people's governments of municipalities, cities and counties for the record; The use of public housing residential special maintenance funds, approved by the department responsible for the management of public housing residential special maintenance funds; The competent department of construction (real estate) of the people's government of a municipality directly under the central government, city or county or the department responsible for managing the special maintenance funds of public housing shall be ordered to make corrections if it finds that it does not conform to the relevant laws, regulations, rules and use plans;
The owners' committee and the department responsible for the management of special maintenance funds for public housing issued the Notice on the Transfer of Special Maintenance Funds for Housing to the special account management bank;
The special account management bank will allocate the required residential special maintenance funds to the maintenance unit.
The emergency of residential special maintenance funds can be divided into eight situations: the roof and wall are waterproof and damaged, and the leakage is serious; Elevator failure endangers personal safety and seriously affects the owner's life; The external wall of the building is in danger of falling off, endangering personal and property safety; Serious damage to fire control facilities and equipment constitutes a major fire hazard or fire hydrant system and automatic fire extinguishing system are seriously damaged and do not have fire extinguishing function; * * * Drainage facilities collapse, jam or rupture, which seriously affects the life of the owner or endangers property safety; The water supply pump (water tank) that has not been operated, managed and maintained by a professional business unit is damaged or the water supply is interrupted due to the bursting of the water pipe; Power supply and distribution system facilities and equipment that have not been handed over to professional business units for operation, management and maintenance fail, resulting in power failure and leakage, which seriously affects the life of the owners or endangers personal and property safety; The owners' committee verifies that there are other circumstances that seriously affect the life of the owners or endanger the personal and property safety.
Procedures for emergency use of residential special maintenance funds:
In the event of an emergency that endangers the safety of the house and requires immediate maintenance, renewal and transformation of the parts and facilities of the house, special maintenance funds for the house shall be drawn in accordance with the following provisions:
Before the special maintenance funds for houses are handed over to the owners' congress for management, the realty service enterprise or related industries shall preside over the relevant materials and apply for fees from the construction (real estate) departments of the local people's governments of municipalities, cities and counties directly under the central 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; After examination and approval by the competent department of construction (real estate) of the people's government of the municipality directly under the central government, city or county or the competent department in charge of managing special maintenance funds for public housing, the notice of transfer of special maintenance funds for housing will be issued to the special account management bank; The special account management bank will allocate the required residential special maintenance funds to the maintenance unit.
After the residential special maintenance funds are transferred to the owners' congress for management, the property service enterprise shall submit the residential special maintenance funds and related materials to the owners' committee; 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; The owners' committee shall examine and approve the use plan and report it to the construction (real estate) departments of the people's governments of municipalities, cities and counties for the record; The use of public housing residential special maintenance funds, approved by the department responsible for the management of public housing residential special maintenance funds; The competent department of construction (real estate) of the people's government of a municipality directly under the central government, city or county or the department responsible for managing the special maintenance funds of public housing shall be ordered to make corrections if it finds that it does not conform to the relevant laws, regulations, rules and use plans; The owners' committee and the department responsible for the management of special maintenance funds for public housing issued the Notice on the Transfer of Special Maintenance Funds for Housing to the special account management bank; The special account management bank will allocate the required residential special maintenance funds to the maintenance unit.
After the above situation occurs, if the maintenance, renewal and transformation are not carried out according to the regulations, the construction (real estate) departments of the people's governments of municipalities directly under the central government, cities and counties may organize the maintenance on their behalf, and the maintenance expenses shall be charged from the detailed account of the special maintenance funds of the relevant owners' houses. Among them, involving the sold public housing, it should also be charged from the special maintenance funds of public housing.
legal ground
Article 6 of the Property Management Regulations
The owner of the house is the owner.
Owners enjoy the following rights in property management activities:
(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;
(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;
(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;
(four) to participate in the owners' meeting and exercise the right to vote;
(five) to elect members of the owners' committee and enjoy the right to be elected;
(six) to supervise the work of the owners' committee;
(seven) to supervise the realty service enterprise to perform the realty service contract;
(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;
(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);
(ten) other rights stipulated by laws and regulations.
Article 11
The following matters shall be decided by the Owner * * *:
(a) to formulate and amend the rules of procedure of the owners' congress;
(2) Formulating and amending management regulations;
(three) to elect the owners' committee or replace the members of the owners' committee;
(four) the selection and dismissal of property services companies;
(five) to raise and use special maintenance funds;
(six) the renovation of buildings and their ancillary facilities;
(seven) other major matters related to the management of * * * and * * *.
Article 12
The meeting of the owners' congress may take the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area.
The owner may entrust an agent to attend the meeting of the owners' congress.
The owners' meeting decides the matters specified in Item (5) and Item (6) of Article 11 of this Ordinance, which shall be agreed by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number; Other matters stipulated in Article 11 of these regulations shall be decided by the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.
The decisions of the owners' congress or the owners' committee are binding on the owners.
If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.