According to the Property Law and the Measures for the Administration of Special Maintenance Funds for Residential Buildings, which came into effect on February 1 2008, the special maintenance funds for residential buildings are paid by all owners and owned by all owners. Under normal circumstances, the maintenance funds are established under the unified supervision of the real estate management department where the property is located, and the property management company or management unit applies for withdrawal. After the establishment of the owners' committee, more than two thirds of the owners' households and construction area agree to hand over the maintenance funds to the industry committee, which will exercise the management right.
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 the payment of maintenance funds.
Second, the payment standard
Property buyers shall pay the maintenance fund to the selling unit according to the proportion of 2%-5.2% of the purchase price. The maintenance fund collected by the selling unit belongs to all owners and is not included in the residential sales income. The collection ratio of maintenance funds shall be determined by the real estate administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Third, how to use it?
Housing maintenance funds are used for the maintenance and renewal of the main structure, public parts and public facilities and equipment after the warranty period expires. The main load-bearing structures of houses include foundation, internal and external load-bearing walls, columns, beams, floors and roofs. Public parts refer to outdoor walls, hallways, stairwells, corridors, etc. Public facilities and equipment refer to water pipes, elevators, facades, fire-fighting facilities, green spaces, roads, ditches and other facilities and equipment used by owners in houses and related supporting areas.
1. Maintenance funds can only be used to repair and update the public parts and facilities of the property after the warranty period expires. The specific owners shall share the cost proportion according to the determination standard of voting rights.
2. When the maintenance funds are idle, it is forbidden to use them for other purposes except purchasing government bonds or risk-free financial management.
Measures for the Administration of Maintenance Funds for Facilities and Equipment Used in Residential Areas Article 5 When selling commercial houses, the buyer and the seller shall sign an agreement on payment of maintenance funds. Property buyers should pay the maintenance fund to the selling unit according to the proportion of 2-3% of the purchase price. The maintenance fund collected by the selling unit belongs to all owners and is not included in the residential sales income.
The collection ratio of maintenance funds shall be determined by the real estate administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.