1. What is the charging standard of the property maintenance fund?
There is no uniform law on the collection standard of property maintenance fund.
Measures for the administration of residential special maintenance funds
Article 7
The owners of commercial housing and non-residential housing shall deposit special housing maintenance funds according to the construction area of their own property, and the amount of the first special housing maintenance funds deposited per square meter of construction area is 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.
Eighth sale of public housing, in accordance with the following provisions of the deposit of residential special maintenance funds:
(1) The owner shall deposit the special maintenance fund for the house according to the construction area of the property he owns, and the amount of the first special maintenance fund for the house 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.
Ninth residential special maintenance funds deposited by the owners belong to the owners.
The residential special maintenance funds extracted from the public housing sales funds belong to the public housing sales units.
Second, how is the use of the property maintenance fund regulated?
Measures for the administration of residential special maintenance funds
Eighteenth residential special maintenance funds should be earmarked for residential * * * parts, * * facilities and equipment maintenance and renovation after the expiration of the warranty period, and shall not be used for other purposes.
Nineteenth residential special maintenance funds should be used in accordance with the principles of convenience, openness and transparency, and the beneficiaries and the burden subjects should be the same.
Twentieth residential parts, facilities and equipment maintenance and renovation costs, in accordance with the following provisions:
(1) The maintenance, renewal and renovation costs of * * * parts and * * * facilities and equipment between commercial houses or between commercial houses and non-residential houses shall be shared by the relevant owners in proportion to the construction area of their respective properties.
(II) After-sale public housing, the cost of maintenance, renewal and transformation of * * * parts and * * * facilities and equipment shall be shared by the relevant owners and public housing selling units according to the proportion of the residential special maintenance funds deposited; Among them, the part that should be borne by the owners shall be shared by the relevant owners in proportion to the construction area of their respective properties.
(3) After-sale public houses, commercial houses or non-residential houses, the maintenance, renewal and renovation costs of their parts, facilities and equipment shall be allocated to the relevant properties in proportion to the construction area. Among them, the expenses that should be shared by the after-sale public houses shall be shared by the relevant owners and public houses selling units in proportion to the special maintenance funds deposited.
Article 21
Where the maintenance, renovation and renovation of residential parts and facilities involve unsold commercial housing, non-residential housing or public housing, the development and construction unit or public housing unit shall share the maintenance, renovation and renovation costs according to the construction area of unsold commercial housing or public housing.
Twenty-second residential special maintenance funds transferred to the owners' congress management, need to use residential special maintenance funds, in accordance with the following procedures:
(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-third residential special maintenance funds transferred to the owners' congress management, need to use residential special maintenance funds, in accordance with the following procedures:
(a) the realty service enterprise puts forward the use plan, which shall include the maintenance, renewal and transformation projects, cost budget, cost range, emergency situations that endanger the safety of houses and other situations that require temporary use of special maintenance funds for houses. ;
(two) the owners' congress passed the use plan according to law;
(3) The realty service enterprise organizes the implementation of the use plan;
(four) the realty service enterprise shall submit relevant materials to the owners' committee for collecting special maintenance funds for residential buildings; 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 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;
(six) the owners' committee and the competent department in charge of the management of special maintenance funds for public housing issued a notice of the transfer of special maintenance funds for residential buildings to the special account management bank;
(seven) the special account management bank will allocate the required residential special maintenance funds to the maintenance unit.
After buying a house, you should pay the housing maintenance fund, not the property maintenance fund. However, the housing maintenance fund can be kept by the property company, but the housing maintenance fund is earmarked. If the property company misappropriates the housing maintenance fund casually, it should also bear legal responsibility.