The term "public housing" as mentioned in these Measures refers to the public housing sold to individuals in the housing system reform and resettlement. Article 3 The term "* * * used parts" as mentioned in these Measures refers to the main load-bearing structural parts of houses (including foundations, internal and external load-bearing walls, columns, beams, floors and roofs, etc.). ), outdoor walls, hallways, stairwells, corridors, etc. * * * Facilities and equipment refer to water pipes, downpipes, water tanks, booster pumps, elevators, antennas, lighting of power supply lines, boilers, heating lines, gas lines, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating parking garages and public sports in residential quarters or single houses. Article 4 After the sale of commercial housing and public housing, a maintenance fund for residential parts and facilities (hereinafter referred to as the maintenance fund) shall be established. The maintenance fund shall be used in accordance with the Financial Management Regulations of Property Management Enterprises (OrderNo. 987th of the Ministry of Finance) to be used exclusively for the overhaul, renewal and transformation of residential parts and facilities after the warranty period expires. Article 5 When a commercial house is sold, the buyer and the seller shall sign the relevant maintenance fund payment agreement. 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. Article 6 The after-sales maintenance fund of public housing comes from two parts: 1, which is drawn from the selling price by the selling unit according to a certain proportion. In principle, multi-storey housing is not less than 20% of the sales price, and high-rise housing is not less than 30% of the sales price. This part of the funds belongs to the selling unit. 2. Property buyers shall pay the maintenance fund to the selling unit according to the proportion of 2% 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 specific measures for the management and use of the after-sales maintenance fund of public housing shall be jointly formulated by the municipal and county financial departments and the real estate administrative departments, and implemented after being reported to the local people's government for approval. Article 7 Maintenance funds shall be deposited in special bank accounts for special purposes. In order to ensure the safety of the maintenance fund, when the maintenance fund is idle, it is strictly forbidden to use it for other purposes, except for the purchase of national debt or other scope stipulated by laws and regulations. Maintenance fund households are generally set up according to a single house, and the specific measures are formulated by the municipal and county real estate administrative departments. Eighth maintenance fund from the date of deposit in the maintenance fund account according to the provisions of interest. The net interest income of the maintenance fund is transferred to the cumulative use and management of the maintenance fund. Article 9 When the owner handles the house ownership certificate, the commercial housing sales unit shall transfer the maintenance fund collected to the local real estate administrative department for escrow. Tenth after the establishment of the owners' committee, with the consent of the owners' committee, the real estate administrative department will transfer the maintenance fund to the property management enterprise for escrow. The owners' committee shall regularly inspect and supervise the maintenance fund entrusted by the property management enterprise. Eleventh before the establishment of the owners' committee, the use of the maintenance fund is proposed by the selling unit or the management unit entrusted by it, and allocated after being audited by the local real estate administrative department. After the establishment of the owners' committee, the annual use plan of the maintenance fund is proposed by the property management enterprise and implemented after the approval of the owners' committee. When the maintenance fund is insufficient, the local real estate administrative department or the owners' committee will decide to continue to raise funds from the owners according to the proportion of residential construction area occupied by the owners. The specific measures shall be formulated by the municipal and county people's governments. Article 12 When a property management enterprise changes, its escrow maintenance fund account shall go through the account transfer formalities after being audited by the owners' committee. The account transfer formalities shall be sent to the local real estate administrative department and the owners' committee for the record within ten days from the date of signature and seal by both parties. Thirteenth when the owner transfers the ownership of the house, the balance maintenance fund will not be returned and will be transferred with the ownership of the house at the same time. Article 14 Where houses are lost due to house demolition or other reasons, the maintenance fund escrow unit shall return the book balance of maintenance funds to the owners according to the proportion paid by the owners. Fifteenth real estate administrative departments and financial departments at all levels are responsible for guiding, coordinating and supervising the management and use of maintenance funds. City and county finance departments and real estate administrative departments shall formulate maintenance fund use plan approval management system, financial budget management system, audit supervision system and owner inquiry reconciliation system. Sixteenth owners or users, property management companies, development and construction units for maintenance fund disputes, the parties can negotiate and coordinate to solve. If negotiation and coordination fail, it may apply to an arbitration institution for arbitration or bring a lawsuit to a people's court according to law. Article 17 If a public housing sale unit fails to fully withdraw the maintenance fund in accordance with the provisions of these Measures, the financial department and the real estate administrative department shall order it to make up the principal and interest of the maintenance fund within a time limit; If the withdrawal is still insufficient within the time limit, a fine of 3/10000 of the daily withdrawal amount shall be imposed. Article 18 If the maintenance fund escrow unit misappropriates the maintenance fund or causes losses to the maintenance fund in violation of the provisions of these measures, it shall be handled by the local financial department and the real estate administrative department in accordance with the provisions. If the circumstances are serious, the administrative responsibility of the directly responsible personnel and leaders shall be investigated; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 19 Before the implementation of these measures, if the maintenance fund is not established after the sale of commercial housing and public housing, or the standard for establishing the maintenance fund is lower than the provisions of these measures, the local real estate administrative department and the financial department shall formulate specific measures for establishing or supplementing the maintenance fund in accordance with the provisions of these measures. Twentieth public housing after the sale of maintenance fund financial management in accordance with the relevant provisions of the Ministry of Finance. Article 21 The real estate administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, jointly with the financial departments, formulate detailed implementation rules in accordance with these Measures. Twenty-second non residential commercial housing maintenance fund management can be implemented with reference to these measures. Twenty-third approach by the Ministry of construction is responsible for the interpretation of. Article 24 These Measures shall be implemented as of June 1999 65438+ 10/day. Where the original relevant policies and regulations are inconsistent with these measures, these measures shall prevail.