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Management measures for housing special maintenance funds

Management measures for housing special maintenance funds

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  • Time of issue:2020-06-17 16:55
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Management measures for housing special maintenance funds

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  • Categories:Common sense
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  • Time of issue:2020-06-17 16:55
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Management measures for housing special maintenance funds

Ministry of construction of the people's Republic of China Order No. 165 of the Ministry of finance of the people's Republic of China

The measures for the management of housing special maintenance funds, which were discussed and adopted at the 142nd executive meeting of the Ministry of construction on October 30, 2007, and jointly signed by the Ministry of finance, are hereby promulgated and shall come into force on February 1, 2008.
 

Wang Guangtao, Minister of construction

Minister of Finance Xie Xuren

December 4, 2007

 

Management measures for housing special maintenance funds

Chapter I General Provisions

Article 1 These measures are formulated in accordance with the property law, the regulations on property management and other laws and administrative regulations for the purpose of strengthening the management of the special maintenance funds for residential buildings, ensuring the repair and normal use of the common parts and common facilities and equipment, and safeguarding the legitimate rights and interests of the owners of the funds.

Article 2 These Measures shall apply to the deposit, use, management and supervision of the special maintenance funds for commercial housing and after-sale public housing. The special maintenance funds for residential buildings mentioned in these Measures refer to the funds specially used for the maintenance, renewal and transformation of common parts, common facilities and equipment after the expiration of the warranty period.

Article 3 the common parts of residential buildings mentioned in these Measures refer to the parts shared by the owners of a single house or the owners of a single house and the non residential owners connected with the structure according to the laws, regulations and housing sales contracts. Generally, it includes the foundation, bearing wall, column, beam, floor, roof, outdoor wall, hall, staircase, corridor, etc.

The term "common facilities and equipment" as mentioned in these Measures refers to the ancillary facilities and equipment jointly owned by residential owners or residential owners and relevant non residential owners in accordance with laws, regulations and housing sales contracts, generally including elevators, antennas, lighting, fire-fighting facilities, green space, roads, streetlights, ditches, pools, wells, garages of non operating garages, public welfare recreational and sports facilities and common facilities and equipment Houses, etc.

Article 4 the management of housing special maintenance funds shall follow the principles of special account storage, special funds for special use, decision-making by the owner and supervision by the government.

Article 5 the competent construction Department of the State Council, together with the financial department of the State Council, shall be responsible for the guidance and supervision of the national housing special maintenance funds. The construction (real estate) departments of the local people's governments at or above the county level shall, together with the financial departments at the same level, be responsible for the guidance and supervision of the special maintenance funds for residential buildings within their respective administrative areas.

Chapter II deposit

Article 6 the owners of the following properties shall deposit special maintenance funds for residence in accordance with the provisions of these measures:

(1) Residential buildings, except those owned by one owner and not sharing parts and facilities with other properties;

(2) Non residential in residential area or non residential outside residential area connected with single residential structure.

If the property listed in the preceding paragraph belongs to the sale of public housing, the house selling unit shall deposit special maintenance funds for residence in accordance with the provisions of these measures.

Article 7 owners of commercial residential buildings and non residential owners shall deposit special maintenance funds for residential buildings according to the building area of their properties. The amount of special maintenance funds for first phase of residential buildings per square meter of construction area shall be 5% to 8% of the cost of local residential construction and installation projects.

The competent construction (real estate) departments of the people's governments of municipalities, cities and counties shall, according to the local conditions, reasonably determine and publish the amount of special maintenance funds for the first phase of residential buildings per square meter of building area, and make timely adjustments.

Article 8 if the public housing is sold, the special maintenance fund for housing shall be deposited in accordance with the following provisions:

(1) The owner shall deposit the special maintenance fund for residence according to the construction area of the property, and the amount of special maintenance fund for the first phase of residence deposited by the owner per square meter of construction area is 2% of the local housing reform cost price.

(2) The sales unit shall withdraw the special maintenance fund from the sales fund at a one-time basis according to that the sales amount of multi-storey residence is no less than 20% of the sales price, and that of the high-rise residential building is no less than 30% of the sales price.

Article 9 the housing special maintenance funds deposited by the owners belong to the owners.

The housing special maintenance funds extracted from the public housing sales funds belong to the public housing sales units.

Article 10 before the establishment of the owners' Congress, the housing special maintenance funds deposited by commercial residential owners and non residential owners shall be managed by the construction (real estate) Department of the people's Government of the municipality, city or county directly under the central government where the property is located.

The competent construction (real estate) departments of the people's governments of municipalities, cities and counties shall entrust a local commercial bank as the special account management bank of the special residential maintenance funds within their administrative areas, and open a special account for the special residential maintenance funds in the special account management bank.

When opening a special account for special maintenance funds for residential buildings, it is necessary to set up an account with the property management area as the unit and a separate account according to the house number; if the property management area is not delimited, the account shall be set up with the building as the unit and the separate account shall be set up according to the house number.

Article 11 before the establishment of the owners' Congress, the special maintenance funds for sold public housing shall be managed by the financial department or the construction (real estate) Department of the people's Government of the municipality, city or county directly under the central government where the property is located.

The Department in charge of managing the special maintenance fund for public housing shall entrust a local commercial bank as the special account management bank of the special maintenance fund for public housing within its administrative region, and open a special account for the special maintenance fund for public housing in the special account management bank.

To open a special account for the special maintenance fund of public housing, an account shall be set up according to the house selling unit, and a separate account shall be set up for each building; among them, a separate account shall be set up for the special maintenance fund deposited by the owner according to the house number.

Article 12 the owners of commercial residential houses shall deposit the first phase of special maintenance funds for residential buildings into the special account for special maintenance funds of residential buildings before going through the procedures for checking in.

The owner of the sold public housing shall deposit the first phase special maintenance fund into the special account for special maintenance fund of public housing or hand it to the special account of special maintenance fund for public housing before going through the housing check-in procedures.

The public housing selling unit shall, within 30 days from the date of receiving the housing sales funds, deposit the extracted housing special maintenance funds into the special account for public housing special maintenance funds.

Article 13 the development and construction units or the public housing sales units shall not deliver the houses to the purchasers if they fail to deposit the special maintenance funds for the first phase of houses according to the provisions of these measures.

Article 14 the house selling units that manage banks with special accounts and collect special maintenance funds for residential buildings shall issue special bills for housing special maintenance funds 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.

Article 15 after the establishment of the owners' Congress, the special maintenance funds for residential buildings deposited by the owners shall be transferred according to the following provisions:

(1) The general meeting of owners shall entrust a local commercial bank as the special account management bank of the residential special maintenance funds within the property management area, and open a special account for the residential special maintenance fund in the special account management bank.

In order to open a special account for housing maintenance funds, an account shall be set up with the property management area as the unit, and a separate account shall be set up according to the house number.

(2) The owners' committee shall notify the construction (real estate) Department of the people's Government of the municipality, city or county directly under the central government where it is located; if public housing sold is involved, it shall notify the Department in charge of the special maintenance fund for public housing.

(3) The construction (real estate) competent department of the people's Government of the municipality, city or county directly under the central government or the Department responsible for the management of the special maintenance fund for public housing shall, within 30 days from the date of receiving the notice, notify the special account management bank to transfer the book balance of the special maintenance fund deposited by the owners within the property management area to the special maintenance fund account opened by the owners' Congress, and transfer the relevant The accounts, etc. shall be handed over to the owners' committee.

Article 16 the account management unit after the transfer of special maintenance funds for residential buildings shall be decided by the owners' meeting. The owners' Congress shall establish a management system for the special maintenance funds of residential buildings.

The housing special maintenance fund account opened by the owners' Congress shall be subject to the supervision of the construction (real estate) Department of the people's Government of the municipality, city or county directly under the central government.

Article 17 If the balance of the special maintenance funds for residential buildings in the separate account books of the owners is less than 30% of the initial deposit amount, it shall be timely renewed.

If the owners' meeting is established, the renewal scheme shall be decided by the owners' meeting.

If the owners' meeting is not established, the specific management measures for the renewal shall be formulated by the construction (real estate) Department of the people's Government of the municipality, city or county together with the financial department at the same level.

Chapter III Use

Article 18 the special maintenance funds for residential buildings shall be used for the maintenance, renewal and transformation of the common parts, facilities and equipment shared by the residence after the expiration of the warranty period, and shall not be misappropriated for other purposes.

Article 19 the use of housing special maintenance funds shall follow the principles of convenience, openness and transparency, and the consistency of beneficiaries and bearers.

Article 20 the expenses for the maintenance, renewal and transformation of the common parts, facilities and equipment of a residence shall be apportioned according to the following provisions:

(1) The maintenance, renewal and renovation costs of common parts, facilities and equipment shared between commercial residences or between commercial residences and non residential buildings shall be shared by the relevant owners in proportion to the building area of their respective properties.

(2) The maintenance, renewal and transformation costs of common parts, common facilities and equipment between after-sale public housing shall be shared by the relevant owners and the public housing sales units according to the proportion of the special maintenance funds deposited; among them, those that should be borne by the owners shall be apportioned by the relevant owners according to the proportion of the building area of their own properties.

(3) The maintenance, renewal and renovation costs of common parts, facilities and equipment shared between after-sale public housing and commercial residential or non residential buildings shall be allocated to relevant properties according to the proportion of building area. Among them, the cost of after-sale public housing should be shared by relevant owners and public housing sales units according to the proportion of the special maintenance funds deposited.

Article 21 Where the maintenance, renewal and transformation of the common parts, facilities and equipment of a residence involve the unsold commercial residential, non residential or public housing, the development and construction unit or the public housing unit shall apportion the maintenance, renewal and transformation expenses according to the construction area of the unsold commercial residential or public housing.

Article 22 before transferring the special maintenance funds of residential buildings to the owners' Congress for management, if the special maintenance funds need to be used, the following procedures shall be followed:

(1) If there is no property service enterprise, the relevant owners shall put forward the use suggestions;

(2) The owners whose exclusive part accounts for more than two-thirds of the total building area and more than two-thirds of the total number of people within the scope of special maintenance funds for residential buildings discuss and adopt the use suggestions;

(3) Property service enterprises or relevant owners shall organize the implementation of the use plan;

(4) In case of using special funds for housing construction and maintenance from the municipal government, the application shall be submitted to the housing management department of the municipality directly under the central government, or the housing maintenance department of the municipality directly under the central government shall be in charge of the housing management;

(5) The competent construction (real estate) Department of the people's Government of the municipality, city or county directly under the central government or the Department in charge of the management of the special maintenance fund for public housing shall, after examination and approval, issue a notice to the special account management bank to transfer the special maintenance fund for housing;

(6) The special account management bank will transfer the required special maintenance funds to the maintenance unit.

Article 23 after the special maintenance funds for residential buildings are transferred to the owners' Congress for management, the use of special maintenance funds for residential buildings shall be handled according to the following procedures:

(1) The property service enterprise shall put forward the use plan, which shall include the items to be repaired, renewed and reconstructed, the cost budget, the scope of disburse, the disposal methods for emergency situations that endanger the safety of the house and other situations that need to use the special maintenance funds for residence temporarily, etc;

(2) The owner's meeting shall pass the use plan according to law;

(3) Property service enterprises organize the implementation of the use plan;

(4) The property service enterprises shall, on the strength of relevant materials, propose to the owners' committee the funds for special maintenance of public housing; among them, if the special maintenance funds for public housing are used, they shall apply to the Department responsible for the management of the special maintenance funds for public housing;

(5) The owners' committee shall examine and approve the use plan and report it to the construction (real estate) Department of the people's Government of the municipality, city and county directly under the central government for the record; if the special maintenance fund for public housing is used, it shall be examined and approved by the Department in charge of the special maintenance fund for public housing; If the construction (real estate) Department of the people's Government of the municipality, city or county directly under the central government or the Department in charge of the management of the special maintenance funds for public housing houses finds that they do not conform to the relevant laws, regulations, rules and use plans, they shall be ordered to make corrections;

(6) The owners committee and the Department in charge of the management of the special maintenance funds for public housing shall issue the notice of transferring the special maintenance funds to the special account management bank;

(7) The special account management bank will transfer the required special maintenance funds to the maintenance unit.

Article 24 in case of emergency that endangers the safety of the house, it is necessary to repair, update and transform the common parts, facilities and equipment of the residence immediately, the special maintenance fund for the residence shall be disbursed according to the following provisions:

(1) Before transferring the special maintenance funds for residential buildings to the owners' Congress, it shall be handled in accordance with the provisions of items 4, 5 and 6 of Article 22 of the measures;

(2) After the housing special maintenance fund is transferred to the owners' Congress for management, it shall be handled in accordance with the provisions of items 4, 5, 6 and 7 of Article 23 of the measures.

After the occurrence of the situation mentioned in the preceding paragraph, if the maintenance, renewal and transformation are not carried out according to the provisions, the competent construction (real estate) Department of the people's Government of the municipality, city or county directly under the central government may organize the repair on behalf of the owner, and the maintenance cost shall be disbursed from the special maintenance fund of the relevant owner's residence; if the public housing sold is involved, it shall also be disbursed from the special maintenance fund for public housing.

Article 25 the following expenses shall not be disbursed from the special maintenance funds of houses:

(1) The expenses for the maintenance, renewal and transformation of the common parts, facilities and equipment of the residence that should be borne by the construction unit or the construction unit according to law;

(2) The maintenance and maintenance expenses of water supply, power supply, gas supply, heating, communication, cable TV and other pipelines, facilities and equipment that should be borne by relevant units according to law;

(3) The party concerned shall bear the repair expenses for the damage to the common parts and facilities of the residence due to human factors;

(4) According to the property service contract, the property service enterprise shall bear the maintenance and repair expenses of common parts and facilities and equipment.

Article 26 on the premise of ensuring the normal use of the special maintenance funds for residential buildings, the special maintenance funds for houses can be used to purchase treasury bonds in accordance with the relevant provisions of the state.

When purchasing treasury bonds with special housing maintenance funds, the newly issued treasury bonds in the primary market shall be purchased in the inter-bank bond market or the counter market of commercial banks, and shall be held to maturity.

The purchase of national debt by using the special maintenance funds deposited by the owners shall be approved by the owners' meeting; if there is no owners' meeting, it shall be approved by the owners whose exclusive part accounts for more than two-thirds of the total area of the building and more than two-thirds of the total number of owners.

The purchase of treasury bonds by using the special maintenance funds drawn from the public housing sales funds shall be reported to the financial departments at the same level for approval according to the financial subordination relationship of the selling units.

It is forbidden to use the special maintenance funds for houses to engage in treasury bond repurchase, entrusted financial management, or use the purchased treasury bonds as collateral or mortgage.

Article 27 the following funds shall be transferred to the special maintenance funds for residential buildings for accumulated use:

(1) The storage interest of the special maintenance fund of residence;

(2) The value-added income from the purchase of national debt by using the special housing maintenance fund;

(3) Income from the owners who use the common parts, facilities and equipment of the residence, unless otherwise decided by the general meeting of the owners;

(4) The residual value recovered after scrapping of common facilities and equipment.

Chapter IV Supervision and Administration

Article 28 when the ownership of a house is transferred, the owner shall explain to the transferee the deposit and balance of the special maintenance fund for the residence and issue a valid certificate. The balance of the special maintenance fund for the house in the separate account shall be transferred with the ownership of the house at the same time.

The transferee shall hold the agreement on the transfer of the special maintenance fund, the house ownership certificate and the ID card until the bank in charge of the special account shall go through the procedures of changing the name of the sub account.

Article 29 If a house is lost, the special maintenance fund for the house shall be returned according to the following provisions:

(1) The balance of the housing maintenance funds returned by the owners in the special account;

(2) The book balance of the housing special maintenance fund deposited by the housing sales unit shall be returned to the housing sales unit; if the housing sales unit does not exist, the Treasury at the same level shall be collected according to the financial subordination relationship of the housing sales unit.

Article 30 the construction (real estate) departments of the people's governments of municipalities, cities and counties, the departments responsible for the management of the special maintenance funds for public housing and the owners' committee shall check the accounts of the special maintenance funds with the special account management bank at least once a year, and announce the following information to the owners and public housing sales units:

(1) The total amount of deposit, use, value-added income and balance of housing special maintenance funds;

(2) Items, expenses and apportionment of expenses incurred;

(3) The amount of deposit, use, value-added income and balance of housing special maintenance funds in separate accounts of owners and public housing sales units;

(4) The use and management of other special maintenance funds for residential buildings.

If the owner or the selling unit of public housing disagrees with the situation announced, it may ask for reexamination.

Article 31 the bank in charge of the special account management shall send the statement of the special maintenance fund to the construction (real estate) Department of the people's Government of the municipality, city or county directly under the central government, the Department responsible for the management of the special maintenance fund for public housing and the owners' Committee at least once a year.

If the construction (real estate) departments of municipalities, cities and counties directly under the central government, the departments responsible for the management of special maintenance funds for public housing and the owners' committee have any objection to the change of the capital account, they may request the special account management bank to review.

The special account management bank shall establish a inquiry system for the special maintenance funds of residential buildings, and accept the inquiries of the owners and the public housing sales units on the use, value-added income and book balance of the special maintenance funds in their separate accounts.

Article 32 the management and use of the special maintenance funds for residential buildings shall be subject to the audit supervision of the audit department according to law.

Article 33 the financial management and accounting of the special maintenance funds for residential buildings shall comply with the relevant provisions of the Ministry of finance.

The financial department should strengthen the supervision of the financial management of the income and expenditure of the special maintenance funds for housing and the implementation of the accounting system.

Article 34 the purchase, use, preservation and verification management of the special bills for housing special maintenance funds shall be implemented in accordance with the relevant provisions of the Ministry of Finance and the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government, and shall be subject to the supervision and inspection of the financial departments.

Chapter V Legal Liability

Article 35 If a public housing selling unit commits any of the following acts, the financial department of the local people's government at or above the county level and the construction (real estate) department at the same level shall order it to make corrections within a time limit:

(1) Failing to deposit the special maintenance funds for residential buildings according to the provisions of Article 8 and paragraph 3 of Article 12 of these measures;

(2) To deliver the house to the buyer in violation of the provisions of Article 13 of these measures;

(3) Failing to apportion the cost of maintenance, renewal and transformation in accordance with the provisions of Article 21 of these measures.

Article 36 If a development and construction unit, in violation of the provisions of Article 13 of these measures, delivers the house to the buyer, the competent construction (real estate) Department of the local people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not more than 30000 yuan.

If the development and construction unit fails to share the maintenance, renewal and transformation expenses according to the provisions of Article 21 of these measures, the competent construction (real estate) Department of the local people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not more than 10000 yuan.

Article 37 If anyone, in violation of the provisions of these measures, misappropriates the special maintenance funds for residence, the construction (real estate) competent department of the local people's government at or above the county level shall recover the misappropriated special maintenance fund for housing, confiscate the illegal income, and may also impose a fine of less than twice the misappropriated amount; if a crime is constituted, the criminal responsibility of the directly responsible person in charge and other directly responsible persons shall be investigated according to law.

If a property service enterprise misappropriates the special maintenance funds for residence, if the circumstances are serious, in addition to being punished according to the provisions of the preceding paragraph, the qualification certificate shall also be revoked by the Department issuing the qualification certificate.

If the construction (real estate) Department of the people's Government of a municipality, a city or a county misappropriates the special maintenance fund for residence, the construction (real estate) Department of the people's government at the next higher level shall recover the misappropriated special maintenance fund for residence, and the person in charge and other persons directly responsible shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

If the financial department of the people's Government of a municipality, a city or a county misappropriates the special maintenance fund for housing, the financial department of the people's government at the next higher level shall recover the misappropriated special maintenance fund for housing, and the person in charge and other persons directly responsible shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 38 If the competent construction (real estate) Department of the people's Government of a municipality, city or county violates the provisions of Article 26 of these measures, the construction (real estate) Department of the people's government at the next higher level shall order it to make corrections within a time limit, and punish the directly responsible persons and other directly responsible persons according to law; if losses are caused, compensation shall be made according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

If the financial department of the people's Government of a municipality, city or county violates the provisions of Article 26 of these measures, the financial department of the people's government at the next higher level shall order it to make corrections within a time limit, and the person in charge directly responsible and other persons directly responsible shall be punished according to law; if losses are caused, compensation shall be made according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

If the owners' Congress violates the provisions of Article 26 of these measures, the construction (real estate) Department of the people's Government of the municipality, city or county directly under the central government shall order it to make corrections.

Article 39 for the acts violating the regulations on the management of special bills for housing special maintenance funds, the legal responsibilities shall be investigated in accordance with the relevant provisions of the regulations on punishment and punishment of illegal financial acts.

Article 40 The competent construction (real estate) departments, financial departments and their staff members of the people's governments at or above the county level who, by taking advantage of their positions, accept other people's property or other benefits, fail to perform their duties of supervision and management according to law, or fail to investigate and deal with illegal acts found, they shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI supplementary provisions

Article 41 the construction (real estate) departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government may, in accordance with these measures, formulate detailed rules for implementation.

Article 42 before the implementation of these measures, commercial housing and public housing have been sold, but no special housing maintenance funds have been established, they shall be built up. The specific measures shall be formulated by the construction (real estate) departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government in conjunction with the financial departments at the same level in accordance with these measures.

Article 43 these Measures shall be jointly interpreted by the competent construction department and the financial department of the State Council.

Article 44 these Measures shall come into force on February 1, 2008, and the administrative measures for maintenance fund of common facilities and equipment in common parts of residential buildings (JHF [1998] No. 213) promulgated by the Ministry of construction and the Ministry of Finance on December 16, 1998 shall be repealed at the same time.

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