Subjectivity of law:

There are two concepts of special maintenance fund and special maintenance fund in our country. Although they are very similar literally, they cannot be confused.

1. Is the special maintenance fund the same as the special maintenance fund?

1. The applicable objects are different

The special maintenance fund is applicable to residential properties, non-residential properties in residential quarters or non-residential properties connected with a single residential building structure; The special maintenance fund is mainly applicable to the property after the sale of commercial housing and public housing, as well as non-residential commercial housing.

2. The subject of payment is different

The subject of payment of special maintenance funds is the owner, and the subject of payment of commercial housing of special maintenance funds is the buyer.

3. Different scope of application

The special maintenance funds are used for the maintenance, renewal and transformation of the * * * used parts and * * * used facilities and equipment after the property warranty period expires; The special maintenance fund is used for the maintenance of * * * parts of the house and * * * facilities and equipment.

4. Different ownership

The special maintenance funds belong to the owners, and the funds paid by the buyers for commercial housing belong to all owners.

It can be seen that there are obvious differences between them, so it cannot be concluded that "special maintenance fund" is "special maintenance fund".

ii. payment of special maintenance funds

before the establishment of the owners' meeting, the residential special maintenance funds (or sold public housing special maintenance funds) deposited by the owners of commercial housing and non-residential housing will be held in escrow by the construction (real estate) department of the people's government of the municipality, city or county where the property is located.

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 for public housing) shall entrust a local commercial bank as the special account management bank for the special maintenance funds for housing within its administrative area, and open a special account for the special maintenance funds for housing (or public housing) in the special account management bank.

when opening a special maintenance fund account for a residence (or public housing residence), an account shall be set up based on the property management area and a sub-account shall be set up according to the house door number; If the property management area is not delineated, accounts shall be set up in units of buildings, and sub-accounts shall be set up according to the house door number.

after the establishment of the owners' congress, the special maintenance funds for houses deposited by the owners shall be transferred according to the following provisions:

(1) The owners' congress shall entrust a local commercial bank as the special account management bank for special maintenance funds for houses within the property management area, and open a special account for special maintenance funds for houses in the special account management bank.

to open a special account for residential maintenance funds, an account shall be set up in the property management area as a unit, and a sub-account shall be set up according to the house door number.

(2) The owners' committee shall notify the competent department of construction (real estate) of the local people's government of the municipality directly under the Central Government; Involving the sale of public housing, it shall notify the department responsible for the management of special maintenance funds for public housing.

(3) The competent department of construction (real estate) of the people's government of a municipality directly under the Central Government or the department in charge of managing the special maintenance fund for public housing shall, within 3 days from the date of receiving the notice, notify the special account management bank to transfer the book balance of the special maintenance fund for housing deposited by the owners in the property management area to the special maintenance fund account for housing opened by the owners' meeting, and hand over the relevant accounts to the owners' committee.

3. Who will keep the special maintenance funds for residential buildings

1. Before the establishment of the owners' meeting, the special maintenance funds for residential buildings deposited by commercial residential owners and non-residential owners will be managed by the construction (real estate) department of the people's government of the municipality, city or county where the property is located.

2. The competent department of construction (real estate) of the people's governments of municipalities directly under the Central Government, cities and counties shall entrust a local commercial bank as the special account management bank for special maintenance funds for houses within their respective administrative areas, and open a special account for special maintenance funds for houses in the special account management bank. To open a special account for residential maintenance funds, an account shall be set up based on the property management area, and a sub-account shall be set up according to the house door number; If the property management area is not delineated, accounts shall be set up in units of buildings, and sub-accounts shall be set up according to the house door number.

3. Before the establishment of the owners' meeting, the special maintenance funds for the sold public housing shall be managed by the financial department of the people's government of the municipality directly under the central government, city or county where the property is located or the competent department of construction (real estate).

the department responsible for managing the special maintenance funds for public housing should entrust a local commercial bank as the special account management bank for the special maintenance funds for public housing within its administrative area, and open a special account for the special maintenance funds for public housing in the special account management bank.

to open a special maintenance fund account for public housing, an account should be set up according to the unit selling the house, and a separate account should be set up according to the building; Among them, the special residential maintenance funds deposited by the owners shall be set up in a sub-account according to the house door number.

4. If the first special maintenance fund for residential buildings is not deposited according to the provisions of these Measures, the development and construction unit or the public housing selling unit shall not deliver the house to the purchaser.

5. The bank that manages the special account and the house selling unit that collects the special maintenance funds for houses shall issue special bills for the special maintenance funds for houses under the unified supervision of the Ministry of Finance or the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

according to the law, it can be known that special maintenance funds and special maintenance funds are not the same thing. The main body of special maintenance funds is the owner, and the main body of special maintenance funds for commercial housing is the buyer. Legal objectivity:

The special maintenance fund is a sum of money paid by the owner in accordance with state regulations when buying a house. In China's "Property Management Regulations", it is clearly stipulated that the owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with a single residential building structure should pay special maintenance funds in accordance with state regulations. Housing special maintenance funds in the process of commercial housing sales are indeed handed over to the seller together with the house payment, but this money is not the seller's sales income, but the owner's money. The seller will concentrate the money and hand it over to the real estate administrative department for safekeeping. After the owners' committee of the property is established, the competent department will hand it over to the property management enterprise of the property for use according to the procedures with the consent of the owners' committee. The Measures for the Administration of Maintenance Funds for Equipment Used in Residential Parts stipulates that when the owner handles the house ownership certificate, the commodity housing sales unit shall hand over the maintenance funds collected to the local real estate administrative department for escrow. After the establishment of the owners' committee, with the consent of the owners' committee, the real estate administrative department will transfer the funds to the property management enterprise for escrow. "Property Management Regulations" clearly stipulates that the property special maintenance funds are owned by the owners. It can be seen that the special maintenance fund should be the property of the owner, and the fund is managed by the property management enterprise on behalf of the owner's Committee in most cases.