Legal analysis: Housing maintenance fund, also known as residential special maintenance fund, includes housing public facilities special fund and housing maintenance fund. According to the provisions of the Civil Code and the Measures for the Administration of Special Maintenance Funds for Houses implemented by 202 1 and 1, the special maintenance funds for houses 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. The new provisions of the Housing Maintenance Fund are as follows:

1. Use of maintenance funds

It is specially used for the maintenance, renewal and transformation of residential parts and facilities after the warranty period expires. These Measures shall apply to the deposit, use, management and supervision of maintenance funds for commercial housing and after-sale public housing within the administrative area of this province. Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with single residential structures outside residential quarters shall deposit maintenance funds in accordance with the provisions of these Measures.

2. Storage and use

The owner of commercial housing shall deposit the first maintenance fund before handling the house delivery procedures, and the construction unit shall agree with the owner in the purchase contract that the owner shall deposit the maintenance fund in accordance with the relevant regulations, and urge the owner to deposit it. When selling public housing, maintenance funds shall be drawn from the house price, and the owners shall deposit maintenance funds according to the construction area. The use of maintenance funds is divided into planned use, general use and emergency use. Planned use and general use shall be organized and implemented after the owner votes, emergency use shall be organized and implemented after on-site inspection, and publicity shall be made after maintenance is completed. Maintenance funds can be used to purchase insurance related to elevator maintenance and renovation according to the planned use procedures.

3. Accept the owner's inquiry

Maintenance funds can be used for fixed-term portfolio deposits in accordance with the relevant provisions of the state to ensure the safe appreciation of funds and the regular distribution of value-added benefits. The maintenance fund management institution shall conduct regular financial audits, publicize the audit results, and accept the audit supervision of the audit department according to law. Provincial, district housing and urban construction departments to strengthen the supervision and management of maintenance funds collection, use and value-added, in conjunction with the financial sector at the same level to organize maintenance funds inspection activities.

Legal basis: Measures for the Administration of Maintenance Funds for Facilities and Equipment 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.

Measures for the administration of residential special maintenance funds

Article 10 The special residential maintenance funds paid by the owners for the first time shall be collected and managed by the real estate departments of the people's governments of municipalities, cities and counties directly under the central government or the units entrusted by them. If the owners' meeting is established, the collection and escrow of special housing maintenance funds shall be decided by the owners' meeting. The special housing maintenance funds paid by the public housing selling units shall be managed by the real estate departments of the people's governments of municipalities directly under the central government, cities and counties.

Article 20 According to the stipulations of the property management contract, the maintenance cost of the housing parts and facilities that should be paid by the property management enterprise from the property service fee or the property service fund shall not be charged from the special housing maintenance fund.