D'aan garden district, jian an, shanghai
Statute on the management of special maintenance funds
Article 1 (purpose and basis for formulation)
In order to regulate the management of special maintenance funds (hereinafter referred to as maintenance funds) in the da'an gardens district of the city of shanghai for the collection, use, renewal, restoration, value-added, etc., this statute shall be drawn up in the light of the laws of the people's republic of china on property rights, property regulations, regulations governing residential property in the city of shanghai and the relevant provisions, taking into account the actual situation in the neighbourhood。
Article ii (maintenance fund account management)
BenConference of ownersThe commission is authorized to sign, respectively, the bank trust contract for the opening of the bank for the maintenance of the funds account of the conference of owners and the agency for the recording of the funds account of the conference of owners。
Article 3 (financing, replenishment and refinancing of maintenance)
Owners shall raise, replenish and re-finance maintenance as follows:
(i) the initial maintenance funds are paid in accordance with the relevant provisions; the owners of the initial maintenance funds who did not pay for them are replenished as follows:
1. Sexual intercourse based on the size of the building
2. Subsistence, based on the size of the building, at a rate of not less than yen/m2 at a time
(ii) if the balance of the maintenance fund is less than 30 per cent of the total funds raised for the first time, it will be raised again in line 2 below。
1. Payable in instalments, monthly/sm2Property servicesAn enterprise collects property service charges and transfers them to the maintenance fund sub-account within days
2. A sexual intercourse with the opening bank of the maintenance fund account to the owner's assembly within a specified period of time, on the basis of a bill for payment of maintenance funds
3.
Article iv (maintenance replenishment)
The owner shall supplement the maintenance funds in the following manner:
(i) authorize the commission of owners and the property services enterprise to include the maintenance of the funds bank account in accordance with the following first pattern, on the basis of the revenue generated by the community using the common property portion, after deducting the cost of management services and other costs that the proprietors decide to use to supplement property management needs:
1. Settlement at the end of the quarter and replenishment of the general assembly maintenance account by the 10th of the following month, in the case of default payments of 0. 021 per day due
2.
Public revenue recorded is transferred to the account of the special maintenance funds within 30 days of the date of recording。
(ii) the balance of the maintenance funds is greater than 30 per cent of the amount raised in the first period, but is supplemented by 50 per cent of the amount raised in the first period, as follows:
1. Monthly replenishment per metre
2. A sexual intercourse with the opening bank of the maintenance fund account to the owner's assembly within a specified period of time, on the basis of a bill for payment of maintenance funds
Article v (maintenance)Use of fundsI'm not sure
The owner shall use the maintenance funds strictly in accordance with the provisions of the laws and regulations and the provisions of this statute:
(i) the maintenance and upgrading of common parts, such as equipment for physical facilities and related premises, shall be subject to the emergency precautions taken by the property service enterprise at the prescribed cost if:
1. Emergency precautions are taken in case of a security risk, an impact on normal use or an emergency that endangers the safety of the house, public safety, etc.:
(1) equipment for the drainage system to control containers, reservoirs, pumps, up-water pipes, sewers, sewage tanks, sewage pumps, etc., fail to function properly
(2) the equipment of the facility in the elevator operating system, including the car, the lift orbit, the tractor, the wire rope, the base pit, etc., is not functioning properly, and the lifting notice is issued by the elevator professional inspection agency
(3) failures in the central fire control system, the fire water supply system, the fire spray system, the winding system, the fire pumps (rooms), the fire embolism box, fire extinguishers, the fire-fighting external bonder, damage to the fire doors, etc., in the equipment of the fire-fighting facility, for which the fire department issued a notice of correction
(4) the roof, the roof, the floor, or the basement is saturated or seriously leaked, the external wall is leaked or is in danger of falling, as certified by the housing quality inspection unit。
2. Other circumstances where regulations, regulations and relevant technical standards require maintenance
The emergency maintenance works described above are carried out by the property services enterprise following an emergency preparedness measure, and a follow-up maintenance and updating programme is established, with the agreement of the owners ' committee, and are subject to review by the pricing agencies provided by the bank for the maintenance of funds accounts, and are carried out by the organization of property services enterprises at the prescribed expense; in the event that the owners ' committee is inactive or unable to function properly, all owners authorize the organization of the housing administration of the zion district (county) to organize the maintenance and maintenance of the funds account by the bank for the opening of the zion (county) housing administration, as agreed。
(ii) maintenance and upgrading of common components, such as equipment for physical facilities and related premises, at a cost of less than $2,000, to be carried out by the direct organization of the property services enterprise, at the prescribed cost。
(iii) maintenance and renovation of common parts, such as equipment for property facilities and related premises, at a cost of less than $25,000 in 2001 for the establishment of maintenance and upgrading programmes by property service enterprises, to be carried out by the property service enterprise organization with the agreement of the owner。
(iv) in addition to the three above, in cases where maintenance funds are required for the maintenance and upgrading of shared components, such as facilities and equipment sites, the maintenance and renovation programme is developed by the property services enterprise and is carried out by the property services enterprise organization with the consent of the owners of two thirds of the buildings and two thirds of the total, exclusively owned by the sector。
Article 6 (development and implementation of programmes for the use of funds for maintenance)
The maintenance funds use programme is developed and organized according to the following procedures:
(i) development of programmes: the maintenance funds utilization programme developed by the physical services enterprise should include the maintenance project name, scope of implementation, total budget amount, area of contribution and area, method of selection of construction units, mode of accounting, time of implementation, etc., and be submitted to the owners ' committee
(ii) improvement of the programme: the proprietors ' committee should consult with the owners to improve the programme
(iii) deciding on the programme: the owner committee should submit the programme to the owner's assembly or the owner's group for approval and public announcement in the district
(iv) implementation of construction units: construction contracts for the maintenance, upgrading and adaptation of the common property portion between the owner's board and the property services enterprise and the construction unit
(v) organization of project construction: implemented by the property service enterprise in accordance with the use programme. Upon completion of construction of the project, the property services enterprise submits to the owners ' committee a written report on the maintenance, upgrading, renovation and costing of the property
(vi) audit of construction costs: review by the owners ' committee on the basis of written reports on property maintenance, updates, modifications and cost billing lists submitted by the property service provider. If the price is to be assessed, a notice of approval for transfer of maintenance funds is to be issued to the specialized bank after the examination and the use of maintenance funds is to be announced in the property management area as required。
Article vii (putting of maintenance costs)
The owner shall bear the costs of maintenance, renovation and alteration of the property in accordance with the following agreements:
(i) the cost of the proprietary component shall be borne by the owner of the proprietary component
(ii) the cost of part of the shared component is borne jointly by the owner of the part of the share in accordance with the proportion of the building area owned by him or her
(iii) the cost of the co-location component shall be borne by all owners in the property management area in proportion to their respective share of the building space
The share of property is man-made and the cost is borne by the person responsible
Article 8 (advancement of maintenance funds)
In addition to maintenance projects with a fixed maintenance cost of more than $50,000, which are subject to a qualified iaa, the maintenance costs in this sub-region are also charged to the maintenance funds after the qualified iaa has been evaluated:
(a) is an emergency maintenance project under article 5 (1) of this agreement
(ii) maintenance projects amounting to more than $30,000
(iii) if the owner's assembly or the owner's group decides to bid
(iv) are subject to evaluation in accordance with relevant provisions and relevant criteria。
Article ix (audit of maintenance funds)
The funds for maintenance, the use of public revenues and the income and expenditure of funds for the work of the commission are audited as follows:
(i) within 15 days from the date of the establishment of the new re-election panel by the owner's board, the audit body provided by the bank that opened the maintenance fund account was commissioned by the owner's board
(ii) audits of overdue audits by the owners' board are conducted by the auditing body provided by the resident (village) people's committee at the place where the property is located (the street office at the place where the property is re-elected by the landowners' committee at the place where the property is located or the resident (village) people's council at the place where the property is located at the place where the people's government/tribunal property is located at the place where the property is maintained)。
Audit reports should be advertised within the property management area。
Upon audit, the maintenance funds, public revenues or funds for the activities of the owner's committee have been violated or used in breach of contract, and the owner's committee or aggrieved owner may file a complaint with the people's court。
Article x (public disclosure of maintenance funds and public revenues)
The following information is published to all owners in january and july of each year by the proprietors ' committee or by the delegated agent:
(i) maintenance income, expenditure and balance
(ii) property maintenance, renovation, alteration projects and costs incurred and household share
(iii) revenues and uses derived from business activities such as parking vehicles and advertising, using the whole and part of the common property management area
(iv) the use of funds for the work of the owner's assembly and the owner's committee
(v) other relevant information on the use and management of maintenance funds。
The above accounts are published in sub-district bulletin boards, publicity boards, and entrances to and exits from each gate. If the owner objects, the owner's committee shall, within 15 days from the date on which the application for the challenge is accepted, be consulted by the owner。
Article xi (additional value of maintenance funds)
The commission of owners is authorized by the owner to determine the fixed-term and current rates of deposits of funds for maintenance in the district, in accordance with the relevant national and municipal regulations, taking into account the amount and use of funds for maintenance in the district, as well as the age of the property share, such as the home and facility premises。
Article 12 (settlement of violations)
The owner's council has the power to order the perpetrator to correct the breach of the agreement of this statute; if it refuses to do so, the owner's council may bring the matter before the people's court。
In the course of the use of the maintenance funds, the owner's committee may not change the maintenance funds programme or enter into construction contracts without permission and may not make personal gains during the use of the maintenance funds. In the event of prejudice to the lawful rights and interests of the owner, the owner may, in accordance with the law, file a complaint with the people's court。
Article 13 (entry into force and modification)
The statute has been discussed and adopted at the meeting of the general conference of owners on the month of july。
The statute has been amended by a resolution of the conference of owners. The amended statute shall enter into force on the date of its adoption by the conference of owners。
The unfinished business of this statute is supplemented by a conference of owners. The decisions adopted by the proprietors ' assembly relating to the statute are an integral part of the statute。
