Changsha citySpecial maintenance funds for propertyManagement approach
(publication of changsha people's government decree no. 124 of 28 february 2013, first amendment of changsha people's government decree no. 143 of 19 december 2022, second amendment of changsha people's government decree no. 145 of 11 july 2023, effective 1 july 2013)
Chapter i general provisions
In order to strengthen the management of funds for specialized maintenance in the property sector, to guarantee the normal use of common parts of the property and to safeguard the legitimate rights and interests of the owners of funds for specialized maintenance in the property sector, this approach has been developed in accordance with laws and regulations such as the civil code of the people's republic of china, the property regulations of hunan province, and other laws and regulations, taking into account the actual situation in the city。
Article ii. This scheme applies to the deposit, use, supervision and management of property on state land within the municipal area, the funds for special maintenance of the property。
Under this scheme, funds dedicated to the maintenance of property are meant to be used specifically for the maintenance, upgrading and alteration of property after the expiry of the period of partial warranty。
Article iii. The management of property-specific maintenance funds is based on the principles of exclusive storage, earmarking, ownership decision-making, government oversight and transparency。
Article 4. The administrative authority for municipal housing and urban-rural construction is responsible for directing and supervising the management of funds for specialized maintenance of property. The financial management agency (hereinafter referred to as the management authority) is specifically responsible for the day-to-day management of the funds for the special maintenance of property。
The relevant departments, such as municipal finance, audit and administrative approval services, are responsible for the financing of specialized maintenance of property, in accordance with their respective responsibilities。
The district housing and urban-rural construction administrative authorities, the town and town people's governments, and the street offices are responsible, in accordance with their assigned responsibilities, for the financing of specialized maintenance of property。
Chapter ii. Contributions
Article v. In the same property management area, there are more than two owners of property who should deposit funds for specialized maintenance of the property。
Article vi. Funds for the initial specialized maintenance of the property are deposited by the buyer of the property into the specialized maintenance funds of the property until the pre-sale contract is filed. The property that has not been sold and kept by the construction unit after the completion of the building is reserved for special maintenance funds until the completion of the receipt and inspection. Real estate development enterprises are not allowed to receive funds for specialized maintenance in the property sector。
Homes built on their own initiative and on their own behalf, the funds for the initial special maintenance of the property are deposited by the owner in the special maintenance funds of the property until the completion of the receipt and inspection。
Article 7. The amount of funds deposited by the owner for the exclusive maintenance of the building area of the property owned by him and the initial special maintenance of the property area per square metre shall be disclosed to the public by the administrative authorities for housing and urban-rural construction, in accordance with a classification of 5 to 8 per cent of the cost per square metre of the construction works in the city, and adjusted in due course。
The criteria for depositing funds for the initial specialized maintenance of property should be adjusted and public comments should be made and hearings organized。
Article 8 funds deposited by owners for specialized maintenance of property are shared by owners。
Prior to the establishment of the proprietors ' conference, the funds deposited by the owners for specialized maintenance of the property were held in the custody of the regulatory body。
Following the establishment of the proprietors ' conference, and subject to the decision of the proprietors ' decision to manage their own funds for specialized maintenance of the property, the proprietors ' committee shall apply to the administering authority for transfer of the funds deposited for special maintenance of the property by the owners in their own management area. The administration continues to administer the property-specific maintenance funds without the decision of the owner to do so。
Article 10 the administering authority shall, in accordance with the relevant provisions, identify commercial banks as exclusive managers of maintenance funds dedicated to the property sector, and of banks responsible for the management of the property sector。
Article 11 funds for specialized maintenance of property shall be set up in a master account in the property management area, in a separate account in a single unit and in a separate account in the number of the dwelling。
Article 12. If, following the establishment of the conference of owners, it decides to administer its own maintenance funds, it shall convene a conference of owners to vote on:
(i) resolution on self-management of property-specific maintenance funds
(ii) a fund management system for specialized maintenance of property
(iii) the resolution identifying those responsible for the accounting of the property-specific maintenance funds, the bank, the account management unit and the property-specific maintenance funds
(iv) other resolution matters relating to specialized maintenance funds。
The above shall be voted on by an owner with more than two thirds of the exclusive area and more than two thirds of the total area, with the consent of the owner with a majority of the exclusive area and a majority of the votes。
Following the proprietors ' assembly meeting, the proprietors ' committee shall publish, for a period of no less than fifteen days, the matters of the employment owner's general assembly resolution and the meeting of the proprietors ' conference within the property management area。
The district housing and urban-rural construction administrative authorities, the communal people's governments and the street offices in which the property is located shall direct the meetings of the conference of owners。
Article 13, if it is decided to administer the property-specific maintenance funds on its own, the owner's assembly shall establish a separate bank for the property-specific maintenance funds。
The board of owners shall notify the administering authority, in writing, of the decision to administer its own specialized maintenance funds. For compliance with article xii of this scheme, the administering authority shall transfer, within thirty days from the date of receipt of the notification, the balance on the books of the property-specific maintenance funds deposited by the owner in the property management area to the owner-specific fund-holders of the property-specific maintenance funds established by the conference of owners, and shall forward such information as accounts to the owner's committee。
Article 14. During the period when the owner's assembly administers the property-specific maintenance funds, the owner in the property management area, who owns a portion of the property over two thirds and over two thirds, may, with the consent of the owner in the voting for a majority of the area-specific area and a majority of the person in the voting, apply to the management body to re-manage the property-specific maintenance funds。
Article 15 the balance of funds held by owners for special maintenance in their accounts and properties, which is less than 30 per cent of the initial deposit, shall be renewed in a timely manner. Renewed funds for specialized maintenance of property may be deposited either at one time or on a monthly basis with the cost of the property management。
Specific management practices for renewal of the funds for specialized maintenance of property by the regulatory agency are developed by the municipal housing and urban-rural construction administrative authorities in conjunction with the municipal financial administrative authorities。
In the case of property-specific maintenance funds, which are managed by the owner's conference itself, the continuation programme is determined by law by the owner's assembly。
Article 16. The funds for specialized maintenance of property shall be collected at the interest rate set by the state at the time of the year by the owner from the date of deposit of the funds earmarked for special maintenance of property。
Article 17 the administering authority shall issue to the depositary a special instrument, which shall be centrally produced by the provincial financial administration。
Chapter iii
Article 18 funds for specialized maintenance of property should be earmarked for repairs, renovations and alterations after the expiration of the partial warranty of property and may not be diverted for other purposes。
Article 19 the cost of maintenance, renovation and renovation of parts of the common property is shared by the respective owners in proportion to the area they own。
Where funds for specialized maintenance have been deposited, the cost-sharing is charged to the account of the owner. The owner's share of the balance in the accounts was not sufficient to cover the cost of the contribution, and the owner covered it。
In the absence of deposit of funds for specialized maintenance of property, the cost-sharing is paid directly by the owner。
Article 20. The funds for specialized maintenance of property are used by the administering authority as follows:
(i) property service providers, owners ' committees or relevant owners submit applications for use to regulatory bodies under maintenance, renovation and rehabilitation projects
(ii) on-site surveys conducted by regulatory bodies to determine the extent to which funds for specialized maintenance of property are disbursed
(iii) a programme for the use of property service providers, owners' committees or related owners is voted by owners with a share of more than two thirds of the property-specific maintenance funds and a number of owners with more than two thirds, with the consent of the owners of a majority of the area to be voted upon and a majority of the participants in the voting. The use programme should include the specific scope and content of the proposed maintenance, updating and adaptation, budget costs, coverage, etc.
(iv) the regulatory body shall publicize the use of the programme and the vote of the owner for a period not less than seven days
(v) no objection or disagreement over the expiry of the period of publicity, if the use programme is carried out by a property server, a landlord's committee or the relevant owner's organization
(vi) material submitted to the administering authority by property service providers, owners ' committees or related industry sponsors
(vii) following the approval of the administering authority, and in accordance with the progress of the project, the specialized maintenance funds are notified to the dedicated management bank, which transfers the required specialized maintenance funds to the maintenance unit。
Article 21. The following procedures are followed for the use of property-specific maintenance funds, which are administered by the general conference itself:
(i) property service providers or related owners propose use programmes, which should include projects to be repaired, upgraded and adapted, cost budgets, coverage, emergency situations such as endangering the safety of houses, and other disposals requiring temporary use of property-specific maintenance funds
(ii) the use of the programme shall be financed by property-specific maintenance funds and shall be subject to a vote by an owner who owns more than two thirds of the area and more than two thirds of the area covered by the property-specific maintenance fund, with the consent of the owner who owns a majority of the area to be voted upon and a majority of the person who votes
(iii) implementation of use programmes by property service providers or relevant owner organizations
(iv) offering special maintenance funds for the properties to the proprietors ' committee for the materials of the service providers or related owners
(v) the decision of the landowners ' board, based on an audit of the use programme, to file a report with the administrative authority for housing and urban-rural construction; the administrative authority for housing and urban-rural construction of the district found that it did not comply with the relevant laws, regulations, regulations and use programmes, and should order corrections
(vi) notifications from the owner's board to the managing bank for the transfer of specialized maintenance funds
(vii) the dedicated management bank transfers the required specialized maintenance funds to the maintenance unit。
Article 22 provides for the use of property-specific maintenance funds by means of a one-off vote for property maintenance, renovation and renovation projects that: a one-time vote on the use of property-specific maintenance funds shall be taken with the consent of the owner of the exclusive part of the property management area comprising more than two thirds of the owners and two thirds of the owners, with the consent of the owner of a majority of the exclusive part and a majority of the participants。
(i) benefiting all owners in the same property management area
(ii) individual property maintenance, renovation and renovation projects cost less than $50,000。
The one-time voting period for the use of the property-specific maintenance funds shall not exceed five years and the total amount used for the period shall not exceed five per cent of the total deposit of the property-specific maintenance funds in the property management area。
Property maintenance, renovation and renovation projects that fall within the scope of a one-off vote do not require a second vote by the owner when the funds for special maintenance are used。
A one-time vote on the use of special maintenance funds for the property sector is developed separately by municipal housing and urban-rural construction administrations。
Article 23. Maintenance costs may be charged directly to the owner's property-specific maintenance fund in cases where immediate repairs, upgrades and modifications are required:
(i) the failure of the elevator endangers personal safety
(ii) in the event of a major safety hazard or emergency, such as fire, electricity, water, drainage, functional impairment of the gas supply system or serious damage to some equipment
(iii) the surface, exterior wall is partially waterproof and leaky
(iv) the facade of the façade on the one side of the building and the breach of the glass curtain wall, etc., endanger personal security
(v) other emergencies endangering personal safety, security of use of houses and public safety。
Article 24. In cases where funds for specialized maintenance of property are held by the administering authority, the following procedure shall apply:
(i) a written application to the administrative authorities for housing and urban-rural construction in the district is submitted by the property service provider, the owner's board or the relevant owner. (b) if testing or certification is required in accordance with the relevant provisions, it shall also be submitted to a written test or assessment issued by the relevant qualification unit
(ii) organization of site visits by relevant units as soon as the application is received by the district housing and urban-rural construction administrative authorities
(iii) in cases where repairs are surveyed, the district housing and urban/rural construction administrative authorities notify the property service provider, the owner's committee or the relevant owner of the immediate organization of the maintenance, and the district housing and urban/rural construction administrative authority announces the prominent location of the property management area and maintenance project, and the regulatory body transfers 50 per cent of the verified maintenance costs to the maintenance unit
(iv) upon completion of the completion of the maintenance project, the district housing and urban-rural construction administrative authorities shall publicize the maintenance situation at a prominent location in the property management area and maintenance project for a period of not less than seven days, after which the management body shall transfer the balance of maintenance costs to the maintenance unit。
Article 25 if the property maintenance funds are managed by the owner's general assembly itself, in the case provided for in article 23, the property service provider or the owner concerned shall notify the owner's board of confirmation that the property maintenance funds are pre-paid by the owner's board. Property service providers or related owners should organize repairs and be advertised by the owners' board at prominent locations in property management areas and maintenance projects. Upon completion of the receipt and inspection of the maintenance project, the landlord's committee shall communicate the maintenance status to the maintenance unit at a prominent location in the property management area and maintenance project for a period of not less than seven days, after which the balance of maintenance costs shall be transferred to the maintenance unit。
Article 26. In the case provided for in article 23, replacements may be organized by the commune people's government or street office in the place where the property is located, if maintenance, renovation and adaptation are not carried out as required by the property services, the landlord's committee or the owner concerned. Upon completion of the work, the commune people's government, street offices in the property area hold documents such as acceptance certificates for the work, maintenance invoices, etc., for payment to the administration or the owner's committee。
Article 27: maintenance, renovation and renovation of property projects at a cost of more than $30,000 shall be subject to price review by an advisory body with the appropriate qualifications for the construction of works and shall include the cost of maintenance, renovation and adaptation。
Article 28 the following expenses shall not be charged to the special maintenance funds:
(i) part of the cost of maintenance, renovation and alteration of property shared by the building unit or construction unit, which shall be borne by the law
(ii) maintenance and maintenance of plumbing and facilities equipment, such as water, electricity, gas, heating, communications, cable television, etc., to be borne by the relevant units in accordance with the relevant provisions
(iii) the repair costs that should be borne by the parties for the loss of a common part of the property
(iv) the cost of maintenance, maintenance of a common property part of the property to be borne by the property service provider, as agreed in the relevant national regulations or in the contract for property services。
Article 29 subject to ensuring the proper use of funds for specialized maintenance of property, such funds may be used for the purchase of state debt。
The purchase of state debt using property-specific maintenance funds deposited by the owner shall be with the consent of the owner's assembly; in the absence of such a conference, the vote shall be taken by the owner, who owns more than two thirds of the exclusive part and more than two thirds of the total, with the consent of the owner, who owns a majority of the exclusive part and a majority of the voting。
It is prohibited to use property-specific maintenance funds for purchases of national debt, commissioning of financial operations or use of purchased national debt for collateral, mortgages, etc。
Article 30 the following proceeds shall be transferred to the rolling use of the property-specific maintenance funds:
(i) interest on the storage of property-specific maintenance funds
(ii) use of specialized maintenance funds to purchase value-added gains from national debt
(iii) in the case of the operation of a common property part, the proceeds from the owner, unless otherwise decided by the owner's assembly
(iv) residual value recovered after end-of-life of parts of the property。
Chapter ivOversight management
Article 31 at the time of the transfer of ownership of the house, the owner shall inform the transferee of the deposit and balance of the special maintenance funds for the property, which remain in the account of the sub-account of the house, and of the transfer of the special maintenance funds with the ownership of the house。
Article 32 in the event of loss of the house, the funds remaining in the accounts of the sub-household for specialized maintenance of the property are returned to the owner. Owners may, in possession of their own identity documents, proof of loss of the house and so on, process the cancellation of their personal accounts and withdraw the balance。
Article 33 where funds for specialized maintenance of property are held by the administering authority, the authority shall periodically disclose:
(i) total deposit, use, value-added gains and balances of property-specific maintenance funds
(ii) the projects, costs and contributions incurred
(iii) the amount of property-specific maintenance funds deposited, used, value-added gains and balances in the account of the owner
(iv) the use and management of other property-specific maintenance funds。
The owner's council is responsible for the disclosure of property-specific maintenance funds。
Article 34 if the owner objects to the disclosure made by the administering authority or the owners committee under article 33 of this scheme, he or she may apply for review. The regulatory body or the owner's committee shall respond within seven working days from the date of receipt of the request for review。
Owners may search the management agency or account management unit for the amount of property-specific maintenance funds deposited, used, value-added gains and balances in their branch accounts。
Article 35 where funds for special maintenance of property are held by a regulatory authority, they shall be subject to the supervision of the auditing body in accordance with the law。
The implementation of the system of financial management and accounting for the disbursement and expenditure of property-specific maintenance funds shall be subject to the supervision of the administrative authorities of municipal finance in accordance with the law。
Article 36 where funds for specialized maintenance of property are managed by the general conference of owners, district housing and urban-rural construction administrative authorities, township people's governments, street offices shall strengthen the supervision and supervision of the management, use of funds for specialized maintenance of converted property。
