YesSeagateCitySpecial residential maintenance fundsManagement approachAdopted on 9 may 2023 at the 42nd ordinary meeting of the seventeenth municipal council, and is being issued as of 6 july 2023。
The mayor, ding ding ding
6 june 2023
(this is a voluntary publication)
Measures for the management of funds for specialized maintenance of housing in haigu city
Article 1 - to strengthen the management of funds for specialized residential maintenance, to guarantee the maintenance and normal use of shared residential areas, common facilities and equipment, and to safeguard the legitimate rights and interests of ownersProperty managementThe provisions of laws, regulations, regulations, etc., take into account the actual situation in the municipality。
The scheme applies to the deposit, use, management, supervision, etc. Of funds earmarked for the maintenance of commercial dwellings (including non-lease secure housing) within the municipal administration。
Article 3. Municipal housing and urban-rural construction authorities may delegate responsibility for the day-to-day management of the deposit, use and supervision of funds for the special maintenance of dwellings to the municipal housing fund management agency。
The departments of finance, auditing, natural resources and planning, market supervision, fire and rescue agencies, integrated administrative law enforcement, etc., are responsible for the financing of the city's housing services。
The municipal people's governments and street offices administer funds for the special maintenance of dwellings within their jurisdiction in accordance with the relevant provisions。
Article iv. When a new commodity house is registered on the internet, the construction unit deposits in full the initial home maintenance funds and collects them from the purchaser on the delivery of the house on the basis of a deposit certificate, except when the owner voluntarily deposits them with the specialized bank。
The construction unit deposits the initial funds for the specialized maintenance of the home once and for all, in cases where the new commercial dwelling has not been sold at the time of the first registration of the real estate。
Article 5. If, prior to the establishment of the proprietors ' conference, or if the proprietors ' assembly has been established but no funds have been requested for special maintenance, the funds for the special maintenance of the dwelling shall be held by the municipal housing and urban-rural construction authorities。
Municipal housing and urban-rural construction authorities should combine financial security, deposit rates, size of assets and service effectiveness, identify, by tender, specialized housing maintenance funds for managing banks and enter into exclusive housing management agreements with them, establish specialized housing maintenance funds and establish management systems。
Article 6. If funds for specialized residential maintenance are transferred to the owner's assembly, the following matters shall be voted upon by the owner, who owns more than two thirds of the exclusive portion and more than two thirds, and with the consent of the owner, who has a majority of the exclusive part and a majority of the voting:
(i) the decision to transfer funds for specialized residential maintenance
(ii) managing bank options exclusively
(iii) a special residential maintenance fund storage programme
(iv) special residential maintenanceUse of fundsProcedures
(v) other significant matters relating to funds for specialized residential maintenance。
A commercial bank, chosen on a merit basis, shall administer the bank as the owner of the special home maintenance fund。
Article 7. If the owner determines that he or she will be responsible for the maintenance of the home, the owner's committee shall notify the municipal housing and urban-rural construction authorities and provide the following information:
(i) relevant resolutions under article vi of this scheme that the proprietors ' conferences decide to administer specialized maintenance funds in the property management area
(ii) documents filed by the owner's assembly or the owner's committee。
If the conditions for self-management are met, the municipal housing and urban-rural construction authorities shall, within 20 days of receipt of the notification, transfer the balance of the funds for the special maintenance of the residential estates under their custody to the owner's general assembly, which is established in the exclusive management bank, and to the owner's board, etc。
Article 8. The management and use of funds for specialized residential maintenance shall be subject to audit oversight by the audit department in accordance with the law。
The funds for specialized residential maintenance are managed by the general conference of owners, which encourages the establishment of a system of audit of the tenure and departure of the director of the board of owners, and audits of the management and use of funds for specialized residential maintenance. The costs may be charged to a third-party professional body for auditing from public property revenues。
The results of audits of the management and use of funds dedicated to residential maintenance should be made available to all owners。
Article 9. If a residential neighbourhood has an account for the special home maintenance fund, the owner who has not deposited the initial home maintenance fund shall be in possession of a certificate of ownership of the house, an identity card of the owner to the exclusive management bank, which shall be deposited in full in accordance with the criteria for the deposit of the initial home maintenance fund。
Article x. The balance of funds for the exclusive maintenance of housing accounts held by owners, which is less than 30 per cent of the initial period, should be renewed in a timely manner。
In the case of the establishment of an owner's conference, the renewal of funds for the special maintenance of the dwelling is decided by the owner's council; in the case of no owner's conference, the renewal is proposed by the property service enterprise or the owner concerned and is put to the vote of the owner and organized for implementation。
Article xi. The cost-sharing formula for shared areas, maintenance and upgrading of shared facilities and equipment and modifications shall be implemented in accordance with the decision; no joint decision or decision shall be made by the owner, in accordance with the following provisions:
(i) in the case of shared residential units and shared facility equipment for all owners in the property management area, the share of all owners in proportion to the size of the building they own
(ii) the share of the owner of a single or multiple dwelling for the purpose of sharing the equipment of the facility in proportion to the size of the building owned by the owner
(iii) equipment for housing shared facilities in the units, to be shared among the owners of the units in proportion to the area of the building they own
(iv) maintenance, upgrading and retrofitting of common spaces in non-operational parking spaces, to be shared among the owners of parking spaces (garments) in proportion to the size of the buildings they own. Maintenance, upgrading and retrofitting of shared spaces and shared facilities are the responsibility of the beneficiaries。
If the owner has not deposited funds for the exclusive maintenance of the dwelling, he/she shall share the costs in proportion to the size of the building. In the case of houses that have not yet been sold, the development unit shall share the cost of the building area that has not yet been sold。
Article 12. The organization's implementing entity shall be defined in accordance with the following provisions:
(i) before the transfer of funds for specialized residential maintenance to the management of the owner's conference, an elected owner's committee was organized by the owner's committee or entrusted to the property service enterprise organization; the owner's committee was not elected and the property service enterprise organization was not elected; and the non-selected owner of the property service enterprise was elected by one to five organizations
(ii) following the transfer of funds for specialized residential maintenance to an owner's conference, they are carried out by the property services enterprise; in the absence of the property services enterprise, by one to five organizations。
In cases of emergency endangering the use of houses and the safety of personal property, the people's government or street offices of the town may act on their behalf if the subject of the organization is not dealt with in a timely manner。
Article 13: the implementing entity of the organization shall propose a programme for the use of funds for the exclusive maintenance of dwellings on the basis of maintenance and renovation and renovation projects. The programme should include the following elements:
(i) projects for maintenance and upgrading and adaptation
(ii) a breakdown of the cost budget, the range of payments and the owner-shared funds
(iii) maintenance and updating, unit selection
(iv) in the case of elevator upgrades, the brand, model and main parameters of the elevator should be indicated
(v) emergency situations and other disposals requiring temporary use of special residential maintenance funds。
Article 14: the use of funds for specialized residential maintenance shall be subject to third-party inspection of construction costs。
In the event that a consultancy is required for the construction of the project, the implementing entity of the organization shall provide the consulting firm for the construction of the project with relevant information such as the use of the programme and budget document, and the consulting firm for the construction of the project shall issue a proper budget review report。
The consulting enterprise for the construction of the works is provided by the specialized management bank as contracted or may be entrusted by the implementing entity of the organization itself。
Article 15 after completion of the work on the maintenance and renovation and retrofit projects, the implementing entities of the organization shall accept and inspect the work, sign the report of the completion of the work and announce the completion of the report of the receipt and inspection in the property management area for more than seven days。
The time and place of acceptance should be announced by the implementing entities of the organization three days before the completion of the acceptance and acceptance, with the participation of the owners. Where a supervisor of the works is engaged, the unit should be involved in the completion of the receipt and inspection。
Article 16. The following procedure shall be followed for the use of funds for the special maintenance of dwellings before they are transferred to the management of the conference of owners:
(i) presentation of options for use. In accordance with article 13 of this scheme, the organisation's implementing agents develop a programme of use, which, after a budgetary review of prices, is communicated to the relevant owners in a prominent location in the property management area for a period of not less than five working days. If the owner objects to the use, the operator of the organization shall record and respond
(ii) voting by the owner. (a) by the vote of the owners concerned in accordance with the law, the results of which shall be communicated to the owners for a period of not less than seven working days
(iii) establishment of construction contracts. The costs agreed in the construction contract shall not exceed those determined in the budget bid report. (a) the implementing entity of the organization should publish the construction contract in a timely manner, for a period of not less than five working days, to the owners of the funds allocated for special maintenance
(iv) applications. (b) organize applications for use by implementing entities to municipal housing and urban-rural construction authorities
(v) audit and disbursement of budget funds. The municipal housing and urban-rural construction authorities shall examine the application within five working days and, if they are eligible, notify the dedicated management bank of the transfer of funds for specialized residential maintenance, which shall complete the reconciliation and transfer within one working day. Budgetary funds are subject to review and disbursement, and may be made in conjunction with settlement funds, pending the completion of work. The proportion of the budget allocated must not exceed 30 per cent of the total amount determined by the programme
(vi) finalization and clearance of the disbursement of funds. Upon completion of the work, the implementing entity of the organization shall organize the completion of the examination and inspection, in accordance with article 15 of this act, and apply to the municipal housing and urban-rural construction authorities for the disbursement of settlement funds; if the conditions for disbursement are met, the municipal housing and urban-rural construction authorities shall issue a notification to the exclusive bank for the transfer of special maintenance funds, which shall complete the transfer within one working day of the notification。
Article 17. The following procedure shall be followed when funds for specialized residential maintenance are transferred to the management of the general conference of owners for use of funds for specialized residential maintenance:
(i) presentation of options for use. The implementing entity of the organization shall establish a programme of use in accordance with article 13 of this scheme. Following the budgetary review of prices, the prominent location in the property management area is communicated to the owner within the range of the contribution, for a period of not less than five working days. If the owner objects to the use, the operator of the organization shall record and respond
(ii) voting by the owner. (a) by a legal vote of the owner of the share of the funds, the result of which shall be communicated to the owner for a period not less than seven working days
(iii) establishment of construction contracts. The costs agreed in the construction contract shall not exceed those determined in the budget bid report. (a) the implementing entity of the organization should publish the construction contract in a timely manner, for a period of not less than five working days, to the owners of the funds allocated for special maintenance
(iv) application and examination. The organisation's implementing entity submits an application for the relevant material to the owners ' committee, which, upon approval by the owners ' committee, reports it to the municipal housing and urban-rural construction authorities
(v) allocation of budget funds. The owner's board reports the transfer of funds to the managing bank, which completes the reconciliation and transfer within a working day. Budget funds may be disbursed when they are available or when the project is completed, they may be disbursed together with the settlement funds. The proportion of the budget allocated must not exceed 30 per cent of the total amount determined by the programme
(vi) final acceptance and disbursement of final account funds. Upon completion of the project, the implementing entity of the organization, in accordance with article 15 of this scheme, shall organize the completion and inspection of the project and apply to the landowners ' committee for the disbursement of the settlement funds. If the conditions for disbursement are met, the landowners ' committee shall issue a notification to the bank of the transfer of the special maintenance funds, which shall complete the transfer within a working day。
In the event of an emergency under article 64, paragraph 2, of the regulations governing property in the special economic zone of china, immediate repairs may be made without the vote of the owner, other procedures may be simplified in accordance with the provisions of articles 16 and 17, paragraphs 1, 3, 4, 5 and 6, and the use of programmes and construction contracts may not be disclosed, provided that within five days of completion of the repairs the owner shall make public the application for, and the use of, funds for the exclusive maintenance of his home within the allocated funds。
In the event of an emergency, the implementing agent of the organization shall report to the people's town office, the street office, where the property is located, that the town's people's office, the street office, as soon as the report is received, shall carry out an on-site survey of the site and issue an opinion on the spot; in the case of elevators, fire-fighting facilities, the site shall also be surveyed by the market supervision department, the fire rescue agency, and an opinion shall be issued within one working day of receipt of the report。
Article 19 funds earmarked for specialized residential maintenance shall be settled by transfer and shall not be paid in cash. Funds for specialized residential maintenance to cover the cost of maintenance and renovation and renovation projects should be paid to the construction unit under the construction contract。
The funds for specialized residential maintenance to cover costs such as price adjudication, supervision, testing, etc. Shall be paid to the agreed price, supervision, etc., or to the prepaid property services enterprise account。
Article 20. Costs for maintenance and renovation, identification, design, pricing, supervision, tender services, notarization, etc., may be included in the cost of maintenance and renovation, alteration, and are included in the cost budget together with the total budget of the project and are included in the use programme。
Article 21 - no unit or individual may appropriate or misappropriate funds for the exclusive maintenance of dwellings. In applying for the use of funds for specialized residential maintenance, the implementing entity must not make a false statement about the maintenance project or any increase in the amount of maintenance work, and must not allocate funds for specialized residential maintenance to other maintenance projects than those included in the programme. The person who implements the organization is responsible for the authenticity and legality of the information requested, and may not conceal it or provide false information。
In accordance with the law, construction, gas, electricity, water supply, etc., or, as agreed, maintenance, renovation and renovation by the industrial service enterprise, as well as repair for human reasons, may not be financed from funds for specialized residential maintenance。
Article 22 if the construction unit fails to deposit the initial funds for specialized residential maintenance in accordance with article 4, paragraph 2, of this scheme, the municipal housing and urban-rural construction authorities shall order a correction within a time limit; if the delay is not corrected, the fine shall be less than $30,000。
Article 23 violations of this scheme are not punishable by it but are provided for by other laws, regulations and regulations。
Article 24 any unit or individual who, in violation of the provisions of this act, forges in the use of funds earmarked for the maintenance of dwellings, the municipal housing and urban-rural construction authorities shall transmit the information on the loss of trust to the public credit information system and shall, in accordance with the law, impose penalties for the breach of trust; in serious cases, they shall be held legally responsible。
Article 25: in violation of the provisions of this act, the competent state bodies and their staff shall, in case of negligence, abuse of authority or fraud in the administration of funds for the exclusive maintenance of the home, impose penalties in accordance with the law on the competent authorities and other persons directly responsible; they shall be liable to criminal liability if they constitute an offence。
Article 26: activities such as the use, management and supervision of non-residential specialized maintenance funds, such as office and commercial, may be carried out by reference to this scheme; other laws, regulations, regulations and practices, which are not exhaustive, are determined jointly by non-residential owners。
Article 27 this approach is explained by the authorities responsible for housing and urban-rural construction in haikou city。
Article 28 this scheme has been in effect since 6 july 2023。
