Legal analysis: Generally speaking, the housing maintenance fund is established under the unified supervision of the real estate management department where the property is located, and is managed and used by the property management company. In other words, the owner of this fund is out of reach. Generally, the owners' committee will be set up in the community, and then the public maintenance fund will be handed over to the owners' committee, which will exercise the management right.

Legal basis: Article 10 of the Measures for the Administration of Residential Special Maintenance Funds. Before the establishment of the owners' congress, the residential special maintenance funds deposited by commercial residential owners and non-residential owners shall be hosted by the construction (real estate) department of the people's government of the city or county where the property is located. The competent departments of construction (real estate) of the people's governments of municipalities directly under the central government, cities and counties shall entrust local commercial banks as the management banks of special residential maintenance funds accounts within their respective administrative areas, open special residential maintenance funds accounts, and set up sub-accounts with the property management area as the unit according to the house number; If the property management area is not demarcated, an account shall be set up in units of buildings, and a sub-account shall be set up according to the house number.