1. First of all, the public maintenance fund is a law on the payment standard, renewal, management, use and renewal of the public maintenance fund, which is formulated according to the Measures for the Administration of Housing Public Maintenance Fund of the State Council. Maintenance funds have separate management methods.
2. Generally, the management of maintenance fund no longer belongs to the post-management category of property management, but has been collected by real estate companies at the stage of real estate development and before delivery, and handed over to the local county-level housing construction department for special account management, which is generally inaccessible to property companies.
3. The maintenance fund is a special fund, which is earmarked and not included in the property management fee.
4. Property management fee refers to a fee provided by the property management company for public housing, facilities, sanitary environment, fire control traffic, customer service, decoration management and community culture. Manage the community according to the agreement of the property service contract. It is the process that the owner pays first and then enjoys. Excluding public maintenance funds.
5. The use of public maintenance funds refers to the public parts, equipment, facilities and ancillary facilities, venues, entertainment facilities, road traffic, fire pipes, concealed works, landscaping, etc. It can only be used after minor repairs, updates, replacement and maintenance occur after the community reaches a certain service life or the warranty period expires. This kind of fund has the characteristics of earmarking, owner's consent, rolling use and insufficient payment, which is very different from traditional property fees.
6. The insufficient part of the public * * * maintenance fund shall be repaid by all the owners according to the property area, and then deposited in the special account of the government department.
Legal basis: Measures for the Administration of Residential Special Maintenance Funds
Article 6 The owners of the following properties shall deposit special residential maintenance funds in accordance with the provisions of these Measures:
(a) residence, except that it is jointly owned by the owners and does not use parts and facilities with other properties;
(2) Non-residential buildings in residential quarters or non-residential buildings connected with single residential structures outside residential quarters.
If the property listed in the preceding paragraph belongs to the sale of public housing, the selling unit shall deposit special housing maintenance funds in accordance with the provisions of these measures.
Article 7 The owners of commercial residential and non-residential houses shall deposit special maintenance funds for houses according to the construction area of their own properties, and the amount of the first special maintenance funds for houses deposited per square meter of construction area shall be 5% to 8% of the construction and installation cost of local houses per square meter.
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.