Legal analysis: Yes, the owner should pay the building maintenance fund before handing over the house.
The owner can directly deposit the first phase of special house maintenance funds into the special house maintenance fund account, or entrust a real estate development company to pay it on his behalf.
If a real estate development enterprise is entrusted with the payment, the real estate development enterprise shall deposit the special housing maintenance funds into the special housing maintenance fund account within 30 days from the date of receipt of the housing maintenance funds.
Legal basis: Article 281 of the "People's Republic of China and Civil Code" The maintenance funds of the building and its ancillary facilities belong to the owner.
With the consent of the owner, it can be used for the repair, renewal and renovation of elevators, roofs, exterior walls, barrier-free facilities and other parts.
The collection and use of maintenance funds for buildings and ancillary facilities should be announced regularly.
If it is necessary to repair a building and its ancillary facilities in an emergency, the owners' meeting or owners' committee may apply for the use of maintenance funds for the building and its ancillary facilities in accordance with the law.
Article 286 Owners shall abide by laws, regulations and management protocols, and relevant behaviors shall comply with the requirements of conserving resources and protecting the ecological environment.
For property service companies or other managers to implement emergency response measures and other management measures implemented by the government in accordance with the law, owners shall cooperate in accordance with the law.
The owners' meeting or owners' committee has the right to act in accordance with laws, regulations and management rules against any behavior that harms the legitimate rights and interests of others, such as arbitrarily discarding garbage, emitting pollutants or noise, raising animals in violation of regulations, building illegally, encroaching on passages, refusing to pay property fees, etc.
Request the perpetrator to stop the infringement, eliminate obstacles, eliminate dangers, restore the original status, and compensate for losses.
If the owner or other actor refuses to perform relevant obligations, the relevant parties may report or complain to the relevant administrative departments, and the relevant administrative departments shall handle it in accordance with the law.