No tin cityPeople's government decree
No. 169
"the city of nishi"Special residential maintenance fundsManagement approachIt was adopted at the 54th ordinary meeting of the municipal authorities on 4 june 2019 and is being published for implementation as of 15 october 2019。
Mayor wong chin
11 september 2019
Special maintenance of dwellings in the city of nishiFunds managementApproach
Chapter i general provisions
In order to strengthen the management of funds for specialized residential maintenance, to safeguard the maintenance and normal use of shared residential areas, facilities and equipment, and to safeguard the legitimate rights and interests of owners of funds for specialized residential maintenance, in accordance with the law of the people's republic of china on property rights and the state councilProperty managementThe regulations, such as the jiangsu province property regulations and the no seymour city property regulations, and related provisions establish this approach in the context of the municipal practice。
Article 2 this method applies to the deposit, use, management and supervision of funds earmarked for housing maintenance in the municipality。
For the purposes of this approach, funds dedicated to residential maintenance are those dedicated to residential areas and to maintenance, upgrading and upgrading after the end of the warranty period for common facility equipment。
Article 4 of this scheme refers to the share of the dwelling, which is shared by the owner of a single house or the owner of a single house and the non-residential owner connected to its structure, in accordance with the laws, regulations and contracts for the sale of the house。
For the purposes of this scheme, the sharing of facility equipment means equipment owned by the owner of the home or by the owner of the home and by the non-owner of the dwelling concerned, in accordance with laws, regulations and contracts for the sale of the house。
Article v. The management of funds for specialized residential maintenance is governed by the principles of exclusive household storage, earmarking, ownership decision-making and government supervision。
Article 6 the urban and rural housing construction department is responsible for the supervision and management of the city-wide funds for the special maintenance of housing; its management agency for the maintenance funds is responsible for the supervision, supervision and management of the funds for the special maintenance of housing in the city, as well as for the deposit of funds for the special maintenance of dwellings in the liang creek, liang lake and u wu districts。
The department of urban and rural construction of housing in the tin, euy and mountain regions is responsible for depositing, auditing and supervising funds for the specialized maintenance of dwellings within the jurisdiction。
The rural and urban housing construction department of liang creek, liang lake and nuang wu districts is responsible for auditing and supervising the use of funds earmarked for housing maintenance within the jurisdiction。
Departments of finance, auditing, market regulation, etc. Should, in accordance with their respective responsibilities, manage funds for specialized residential maintenance。
Street offices (town people's governments) and community-based (village) people's committees assist in the use of funds earmarked for the maintenance of dwellings in their jurisdictions。
Chapter ii deposit administration
Article 7 owners of the following properties shall deposit funds for specialized residential maintenance in accordance with the regulations:
(i) a dwelling, except a home owned by one owner and not shared with other property, common facilities and equipment, and a home built by the residents themselves in accordance with the law。
(ii) in the same property management area, the exclusive non-residential share of the facility's equipment with the dwelling。
(iii) other properties for which funds for specialized residential maintenance shall be deposited by law。
If the property listed in the preceding paragraph is publicly owned, the unit shall deposit funds for the exclusive maintenance of the dwelling in accordance with the provisions of this scheme。
Article 8 funds for the first period of specialized residential maintenance are deposited according to the following criteria:
(i) deposit of dwellings on the basis of the building area of the exclusive portion at $50 per square metre; of dwellings with elevators on the basis of the building area of the exclusive part at $90 per square metre; of those dwellings on the basis of the single ownership of the separate dwelling area on the exclusive part of the building area at $30 per square metre。
(ii) non-residential deposits of $50 per square metre of the building area of the exclusive part; non-residential deposits of $90 per square metre of the exclusive part of the building area, with elevators and direct access; independent non-residential deposits of $30 per square metre of the exclusive part of the dwelling area。
(iii) the garage (space) where ownership is acquired, which is deposited at $50 per square metre of the building area (use); the garage (space) where elevators are available and can be used directly, which is deposited at $90 per square metre of the building area (use) and which cannot be determined at $1,000 of the garage area。
The criteria for depositing funds for specialized residential maintenance shall be adjusted in due course to the actual situation in the municipality。
Article 9: the construction unit shall deposit the funds for the initial special maintenance of the dwelling in a single deposit with the owner of the funds for the special maintenance of the dwelling prior to the first registration of the ownership of the dwelling and collect them from the owner on the same basis when the property is delivered for use or property transfer is registered. Before the first registration of ownership of the house provided for in this article, including the completion of the project delivery. Deposits should be checked in the urban and rural housing sector。
When a public housing unit sells a publicly owned dwelling, it must withdraw the initial home maintenance funds from the sale of the house and deposit them with the owner。
Article 10: the construction unit shall set out in the contract for the sale of the house the criteria for the deposit of funds for the specialized maintenance of the dwelling and shall provide the owner with a certificate for the deposit of funds for the specialized maintenance of the dwelling upon delivery of the house。
Article 11 funds deposited by owners for the special maintenance of dwellings are owned by owners。
The funds for the special maintenance of publicly owned dwellings are owned by the public housing sales unit。
Article 12. If the balance of the funds held in the bank account for the special maintenance of the owner's dwelling is less than 30 per cent of the initial deposit, it shall be renewed in a timely manner; the manner of renewal, the amount, etc., shall be determined by all owners in the property management area。
Chapter iii financial management
Article 13 funds for specialized residential maintenance are managed by the maintenance funds authority. Upon the establishment of a conference of owners, it is possible to manage its own funds for specialized residential maintenance。
The maintenance fund management agency shall entrust the host commercial bank with the management of the bank as the exclusive home maintenance fund and the exclusive home maintenance fund。
Article 14. If the owner decides to manage the funds for the special maintenance of the dwelling himself, he shall apply to the maintenance fund management agency and submit the following information:
(i) application form。
(ii) self-management of funds for specialized residential maintenance, with the consent of the owners of the sector-specific sector, who comprise more than two thirds of the total building area and more than two thirds of the total. Self-management resolutions include: funds management systems for specialized residential maintenance, account management units and responsible persons, value-added preservation and continuity programmes。
(iii) owner's title card number, identity card number, contact information and voting opinions。
(iv) a written letter rogatory entrusting a commercial bank in the locality with the management of funds dedicated to home maintenance and a certificate from the bank responsible for managing the funds dedicated to home maintenance。
(v) other material to be submitted。
In the property management area, where public housing has been sold, funds for specialized residential maintenance are managed by the maintenance fund administration。
Article 15: the maintenance fund management body shall review the application materials of the proprietors ' conference and, if so required, transfer, within 30 days, with the consent of the urban and rural housing construction sector, the balance of the funds deposited by the owners for special maintenance of the dwelling, to the persons earmarked for special maintenance of the dwelling by the proprietors ' conference, and shall forward such information as the accounts to the proprietors ' committee; if so, the reasons for the failure shall be stated in writing。
The funds earmarked for residential maintenance established by the proprietors ' conference should be included in the maintenance funds management system and monitored by the maintenance funds management agency。
Article 16 funds for specialized residential maintenance shall be set up in the property management area as a general ledger with a sub-account number in accordance with the housing account number; and in the non-described property management area, a general account shall be established in a (unit) unit with a sub-account number in accordance with the housing account number. The funds for the special maintenance of publicly owned dwellings are based on the general ledger of the housing unit or the management unit, which is divided into sub-units according to the housing account number。
Article 17 the maintenance fund management agency should develop a reasonable value-added programme, subject to ensuring the safe operation and proper use of funds for specialized residential maintenance。
Article 18: in the event of the transfer of funds for special residential repairs to time deposits or to purchase state debt, the owner's general assembly may authorize the owner's committee to make the required application to the maintenance fund management body and submit the following information:
(i) application form。
(ii) resolutions on the transfer or purchase of state debt for housing-specific maintenance funds resulting from the vote of the owners of the subdivisions, who account for more than two thirds of the total building area and more than two thirds of the total, as well as solutions for the use of housing-specific maintenance funds when insufficient funds are available for the duration of the transfer or purchase of state debt。
(iii) owner's title card number, identity card number, contact information and voting opinions。
(iv) other material required。
The fund management agency for maintenance should do so within five working days from the date of receipt of the request。
For the purchase of state debt using funds earmarked for residential maintenance, the newly issued state debt of the first level of the market should be purchased on the inter-bank bond market or on the market of commercial bank counters, and held dues。
Article 19 funds for specialized residential maintenance shall be paid in accordance with the relevant provisions from the date of deposit。
The funds earmarked for residential maintenance are transferred to the general conference of owners, and the interest on the branch is settled periodically by the exclusive management bank。
Article 20 funds for specialized residential maintenance may be allocated in a consolidated account. The consolidated accounts are set up in the property management area; publicly owned housing has been sold in units of sale or management。
Article 21 funds for the special purpose of residential maintenance are used mainly for the unserviceable use of housing shares and common facility equipment in the property management area and for maintenance when the beneficiary is the owner or cannot define the beneficiary。
The funds for the specialized maintenance of dwellings are made up of the following:
(i) value-added gains from special residential maintenance funds, excluding the funds remaining after the roll-in of the owner's house account (interest) and the necessary management costs。
(ii) 70 per cent of the proceeds from the operation of shared premises, shared facilities and equipment, as otherwise agreed by the owner's assembly or property service contract。
(iii) residual value for end-of-life recovery of shared facility equipment。
(iv) funds derived from the combined proceeds of the people's air defence project。
(v) any other crediting of funds determined by the owner's decision。
Article 22: 70 per cent of the consolidated funds (interests) for the specialized maintenance of publicly owned housing units are allocated to the consolidated accounts of their specialized home maintenance funds, which are used by the public housing sales unit or the management unit in their charge; the remainder of the consolidated funds (interests) are allocated to the bank accounts established by the public housing sales unit or the management unit for the day-to-day maintenance and maintenance purposes; and the funds for the special maintenance of publicly owned housing units are transferred to the consolidated accounts。
Article 23: at the time of transfer of ownership of the home, the balance of funds for the exclusive maintenance of the home is transferred at the same time as ownership of the home。
The funds for the maintenance of publicly owned housing are transferred at the same time when the property management transfer is processed by the public housing sales unit or management unit in accordance with the regulations。
Article 24: in the event of loss of a dwelling, the funds for the exclusive maintenance of the dwelling shall be returned in accordance with the following provisions:
(i) the owner shall have the right to write off the certificate of loss of the house or the certificate of personal identity issued by the administration of the expropriation of the house, until the authority administering the maintenance funds has processed the write-off of the funds account and the balance of the funds devoted to the maintenance of the dwelling is returned to the owner; the owner's assembly shall administer the write-off, with the confirmation of the maintenance funds management body, by the owner's board and the bank managing the maintenance funds, and the balance of the funds devoted to the maintenance of the dwelling shall be returned to the owner。
(ii) the public housing sales unit or management unit shall have the right to write-off certificates, unit certifications, until the maintenance fund management agency processes the cancellation of the funds account and converts the balance of funds for specialized residential repairs into the unit housing fund; if the public housing sales unit or management unit does not exist, the equivalent public treasury shall be collected in accordance with the financial reporting lines of the public housing sales unit or management unit。
Chapter iv use management
Article 25 the use of funds for specialized residential maintenance shall be guided by the principles of accessibility, transparency and consistency between the beneficiaries and the bearers。
Article 26: the range of maintenance, upgrading and adaptation of residential areas includes:
(i) the surface of the house was damaged and the roof room leaked。
(ii) water leaks in the outer walls of the house, causing immersion on the inside walls。
(iii) a crack, fall or empty drum in the exterior of the house。
(iv) fragmentation or decomposition of the conservatory layer of the building, or disturbance of the temperature of the building, resulting in damp, dew, frost or decay on the surface of the outer wall。
(v) exterior walls and stairwells, public corridor coatings with cracks, rust, bubbles, barks, fall, contamination。
(vi) public area windowsills, porch staircaps, stairwells and hand support, walls, yard doors, etc. Were damaged。
(vii) broken doors and windows in public areas。
(viii) damage to the interior walls, ground, etc. Of the public lobby。
(ix) other circumstances in which the shared area requires maintenance, upgrading and adaptation。
Article 27 maintenance, upgrading and adaptation of shared facilities include:
(i) maintenance or replacement of elevators and major components。
(ii) the mine avoidance facility does not meet security requirements。
(iii) control technical protection facilities, fire protection systems have functional impairments or some equipment, parts of which are seriously damaged。
(iv) a failure of drainage (defeating) equipment in the building, a breakdown of the drainage pipe, severe rust, erosion of the sewage pump or damage to other equipment。
(v) damage to houses used in greenfields, roads, street lights, ditches, ponds, wells, garages of non-operational garages, public goods facilities, property management houses and shared facilities。
(vi) other situations where the sharing of facility equipment requires maintenance, upgrading and adaptation。
Article 28 maintenance, upgrading and alteration of shared residential areas, shared facilities and equipment shall be apportioned in accordance with the following provisions:
(i) common spaces and facilities, shared by all owners, in proportion to their respective share of the building space。
(ii) co-location and equipment for shared facilities shared by the owner of a single house, shared by all owners of the house in proportion to the size of their respective exclusive parts of the building。
(iii) common parts of a unit shared by the owner, common facilities and equipment shared by the owner of the unit in proportion to the size of the building area of the respective exclusive part; common parts of the house owned on one side of the unit, common facilities and equipment shared by the owner of the house on the other side in proportion to the size of the building area of the respective exclusive part。
In the case of publicly owned housing, the share of the housing unit or management unit is divided according to the proportion of the building area of the relevant exclusive sector。
Article 29 in the event of insufficient funds for specialized residential maintenance, the cost of maintenance shall be shared among the owners of the maintenance area concerned in proportion to the amount of the building space of the respective exclusive part; in the case of public housing, the share of the building space of the relevant exclusive part shall be shared between the public housing sales unit or the management unit。
Article 30 the use of funds for specialized residential maintenance is requested by the board of owners, the property management board or the property services enterprise. The use of funds earmarked for the maintenance of publicly owned dwellings is made at the request of the public housing sales unit or management unit。
An application for use is made by the relevant owner or by the community (village) people's council if:
(a) if the applicant referred to in paragraph 1 of this article does not exist。
(b) if the applicant referred to in paragraph 1 of this article does not perform his or her duties after being informed by the urban-rural construction department of the district housing。
Article 31 applications for the use of funds for specialized residential maintenance are generally made in accordance with the following procedures:
(i) the applicant develops materials such as a programme for use, a budget for works, a contribution programme, etc., based on maintenance, updating and adaptation projects。
(ii) with the consent of the owner, who owns more than two thirds of the total area of the building and more than two thirds of the total, of the area covered by the grant。
(iii) the applicant will be publicized on a not less than seven-day basis using materials such as the programme, the project budget and the assessed programme。
(iv) upon expiry of the period of publicity, the applicant submits an application with the above-mentioned material to the municipal and rural housing sector of the district。
(v) an on-site survey shall be organized within 15 days of the date of receipt of the application by the urban and rural housing construction sector of the district, and an opinion shall be issued as to the use of the funds for the special maintenance of the dwelling; if the conditions for use are not met, the reasons shall be stated in writing。
(vi) the applicant's implementation is organized according to the approved programme。
(vii) upon completion of project implementation and receipt of experience, the applicant will publish the completion of the receipt and inspection, the review of the price report (aadr) and the use of the assessment form for residential maintenance funds for a period of not less than seven days。
(viii) upon expiry of the period of publicity, the applicant applies for settlement with the relevant material referred to in the previous subparagraph to the rural and urban housing sector of the district。
(ix) an audit of the urban-rural sector of housing construction in the district shall be carried out, and a notice shall be issued for the payment of funds for the special maintenance of housing; the reasons shall be provided in writing if the eligibility is not met。
(x) the fund management agency for maintenance transfers funds on the basis of a notice of payment of funds for specialized residential maintenance; if the owner's assembly manages the funds for specialized residential maintenance, the fund management agency for maintenance shall, after confirming the use of the funds in the notice of payment for special residential maintenance, process the transfer of funds from the owner's board to the bank for the exclusive management. Of these, those dealing with public housing are financed from the account of the special maintenance funds for public housing。
Article 32 interest on funds for the exclusive maintenance of a dwelling, which is included in the account of the owner's sub-account, may be authorized to be used by the owner's board within the prescribed amount, with the consent of the owner, who owns the exclusive portion of more than two thirds of the building and more than two thirds of the building。
Article 33 funds allocated for the exclusive maintenance of dwellings in a housing unit may be allocated by the public housing sales unit or the management unit in accordance with the established programme and may apply to the urban and rural housing sector of the district; in the case of article 30, paragraph 2, of this scheme, upon application by the relevant owner or community-based (village) people's committee and with the approval of the urban and rural housing sector of the district。
Article 34 if one of the following circumstances endangers the safety of the home, requires immediate emergency repairs, upgrades and modifications of the shared housing component, the shared facilities and equipment, and the owner cannot form a majority opinion, it may be used at the request of the owner's board, the property management board, the property service enterprise, the communal (village) people's committee or one of the owners concerned, as confirmed by the street office (town people's government) or the relevant professional unit, with the approval of the urban and rural construction sector of the housing unit in the reporting district; in exceptional cases, it may also be used with the direct approval of the rural and urban housing construction sector of the district:
(i) leakage due to water damage on the floor。
(ii) elevator failure endangers personal safety。
(iii) the public security fence is seriously damaged and endangers personal safety。
(iv) one side of the building is in danger of falling off。
(v) dedicated drainage facilities cause functional impairments, such as collapse, congestion and bursting, endangering the safety of persons and property。
(vi) other circumstances endangering the safety of the house。
Article 35 applicants shall entrust the project to a legally qualified engineering price advisory body, which shall issue the report or make recommendations on the evaluation of the project。
Costs for residential co-location, common facility equipment maintenance, upgrading and retrofitting should be included in the cost of construction。
Article 36: the urban and rural housing construction sector of the municipality shall establish a system of sound quality monitoring, tendering, pre-accounting and auditing, and strengthen supervision。
The urban and rural construction sector of municipal housing should establish a catalogue of options for specialized teams such as emergency maintenance construction, house identification, facility equipment testing assessment, tender, supervision, auditing and building repairs, building waterproofing, etc., and open contact with the community for use in maintenance selection. Create and manage an alternative catalogue of auctioned enterprises for candidates。
Article 37 the following costs may not be charged to funds for specialized residential maintenance:
(i) the cost of common residential space, maintenance, upgrading and alteration of common facility equipment, which shall be borne by the construction unit or construction unit in accordance with the law。
(ii) maintenance and maintenance expenses to be borne by relevant professional operators such as water, electricity, gas, heating, communications and cable television, in accordance with the law。
(iii) the repair costs that should be borne by the parties for human-induced damage, among other reasons。
(iv) maintenance and maintenance costs contracted under the property services contract to be borne by the property services enterprise。
(v) the cost of new, additional facilities and equipment。
(vi) such other expenses as may not be incurred in accordance with the law。
Chapter v. Revising revised funds
Article 38 the funds deposited by the construction units in accordance with the regulations for the upgrading and upgrading of facilities such as elevators, fire fighting, etc. (hereinafter referred to as the renovation funds) are owned by the owners and are managed by funds for the specialized maintenance of dwellings。
Article 39 updated funds for adaptation are deposited according to the following criteria:
(i) the main floor above the ground floor is under 11 floors (including 11 floors) and is deposited at $18 per square metre of the building area。
(ii) houses above the ground with a general floor of more than 12 floors (including 12 floors) are deposited at $22 per square metre of the building area。
In the same property management area, there are co-locations with residential premises, shared facility equipment and non-residential houses equipped with elevators, which are carried out in accordance with the criteria set out above。
The single-ownership stand-alone housing with elevators is not deposited with funds for upgrading。
Article 40. The renewal of funds for renovations is based on a dedicated sub-account (unit)。
Article 41. Applications for the use of funds for upgrading should be tested or evaluated in accordance with the requirements。
Chapter vi oversight and management
Article 42 if funds for specialized residential maintenance are not deposited as required, the maintenance fund management agency shall recover the principal sum and interest. Interest shall be calculated from the date of the first registration of ownership of the house and shall be settled at the rate of the same period。
Pending the establishment of a unified system for the management of funds for the specialized maintenance of dwellings, the construction units or property management units that have received funds for the specialized maintenance of dwellings should be cleaned up in a timely manner and transferred to the maintenance fund management agency. Where construction units or property management units have used specialized residential maintenance funds for residential repairs, renovations or modifications, supporting documentation should be provided。
Article 43: the following information may be obtained from the maintenance fund management agency:
(i) deposit, use, value-added gains and balances for specialized residential maintenance。
(ii) the projects, costs and contributions incurred。
(iii) the use and management of other funds dedicated to residential maintenance。
The fund management agency for maintenance should receive inquiries from owners, owners ' committees and public housing sales units or management units。
A review may be requested by the owner, the owner's board and the public housing sales unit or the management unit if the inquiry is contested。
Article 44 the maintenance fund management agency shall publish at least once a year information on the deposit, use, value-added gains and balances of funds earmarked for residential maintenance。
Article 45 prohibits the purchase and sale of shares, the purchase of national debt, the commissioning of financial operations, pledges, mortgages, etc. With funds earmarked for housing maintenance。
Article 46 the management and use of funds for specialized residential maintenance shall be subject to the supervision and audit of the financial, auditing and auditing authorities in accordance with the law。
The financial management and accounting of funds earmarked for residential maintenance and the management of the purchase, use, preservation and write-off of specialized instruments shall be carried out in accordance with the relevant provisions of the treasury。
Article 47. The provision of fraudulent material and the receipt of funds for specialized residential maintenance shall be incorporated into the municipal credit information management system as required。
Article 48 violations of the provisions of this act shall be punished by the relevant administrative authorities in accordance with the relevant provisions of the relevant laws, regulations and regulations, and shall constitute an offence for which criminal liability shall be established in accordance with the law。
Article 49. Any person who abuse his or her functions, neglects his or her duties, malfeasance or corruption in the management of funds for the exclusive maintenance of his or her home shall be subject to administrative punishment by a higher administrative authority in accordance with the law; he or she shall be held criminally liable in accordance with the law。
Chapter vii
Article 50 non-residential property other than those provided for under this scheme may deposit funds for maintenance, the administration of which is governed by the relevant provisions of this scheme。
Article 51: the city of jiangyang and the city of yishing are based on this approach。
Article 52. This scheme shall become effective on 15 october 2019. The act of 1 july 2010 on the management of funds for specialized maintenance of houses in the city of nishi city (decree no. 114 of the municipal people's government) was also repealed。
