Chapter i general provisions
Article 1Special residential maintenance fundsManagement (hereinafter referred to as maintenance funds), maintenance of the legal rights and interests of the owners of maintenance funds, efficient, safe and rational use of maintenance funds, in accordance with the property act, property regulations, property regulations of fujian provinceFuzhou cityA number of provisions on property management and laws, regulations, regulations, etc., such as the measures for the management of funds for the special maintenance of housing have been developed in the context of our municipal practice。
Article 2 this scheme applies to the deposit, use and management of funds for the maintenance of commercial dwellings within the city area, including eviction and resettlement units。
The third municipal housing administration, together with the municipal treasury, is responsible for directing and supervising the management of the city's maintenance funds. The municipal housing finance authority (hereinafter referred to as the municipal maintenance funds authority) is specifically responsible for the deposit and day-to-day management of municipal maintenance funds。
Each district housing administration is specifically responsible for maintenance within the districtUse of fundsAudit。
The communal people's governments and neighbourhood offices are responsible for the maintenance of funds in accordance with the rules and the division of responsibilities。
Deposit of chapter ii
Article 4. Owners of residential properties, non-residential properties in residential neighbourhoods and non-residential properties connected to a single residential structure outside residential neighbourhoods shall deposit maintenance funds in accordance with the provisions of this scheme。
Article 5. Housing or non-residential owners deposit funds for maintenance in accordance with the building area of the property they own. The specific deposit criteria are determined by the municipal housing administration in conjunction with the municipal urban and rural construction authorities, municipal finance authorities, etc., in accordance with the relevant provisions, and are reported to the municipality for approval and implementation。
Article vi. Maintenance funds are deposited by the owner in the maintenance fund in accordance with the required deposit criteria before the house is brought in. In the case of housing registration (which includes registration of the retention of property in the development enterprise), the applicant must submit a payment certificate for maintenance funds。
Article vii. Housing sub-districts in which an proprietors ' conference has been established, the maintenance fund renewal programme is decided by the proprietors ' council and the owner of the proprietors ' committee organizes the proprietors ' programme to be stored with the fund holders of the former proprietors ' bank; if there is no proprietors ' conference, the town people's government, street offices and the proprietors of the village (resident) people's council organize a proprietors ' conference to determine the proprietors ' programme。
Article 8 this shall be done by the development unit in accordance with the provisions of the original deposit if, in accordance with the law, the unit is to deposit, but not in full or in full, prior to the implementation of this scheme。
In the case of article 9, which introduces the management of maintenance funds by the conference of owners, the transfer of funds shall be subject to the following conditions:
(i) the convening of a conference of owners to vote on the transfer of maintenance funds from the central management of the housing administration to the autonomous management of the owner's conference, as well as on the maintenance fund management system, the emergency use system and the renewal programme in the property management area, with the consent of the owner, who owns an exclusive portion of the total of more than two thirds of the building and more than two thirds of the total;
(ii) it is possible to set up sub-accounts by building portal number on the basis of information provided by the municipal maintenance fund administration on the account balances of owners。
Article x maintenance funds are transferred to the owner's assembly for management in accordance with the following procedures:
(i) convene a conference of owners to vote on matters under article 9, paragraph 1, of this scheme; the preparation and convening of the conference shall be organized in accordance with the relevant provisions. Owners are required to obtain voting materials with their own identification and home ownership certificates, and street offices, township people's governments or authorized village (residential) councils are required to verify the identity of owners and to direct the meetings of the conference of owners。
(ii) after the owner's assembly meeting, it shall be made public on 7 days in the property management area on matters related to the transfer of funds resolution and the meeting of the owner's assembly;
(iii) the proprietors ' committee submits the transfer application to the municipal maintenance fund management agency, the owner's general assembly resolution and the certification letter from the commune people's government, street offices;
(iv) the board of owners has established maintenance funds with the municipal maintenance funds management bank and has entered into tripartite agreements with the municipal maintenance funds management authority (which is the supervisory body) and the managing banks。
In compliance with the above, upon receipt of the report, the municipal maintenance finance authority informs the managing bank of the transfer of the maintenance funds of the property management area to the maintenance funds established by the owners ' board。
Chapter iii is used
Article 11, in addition to the scope of use specified by law or by statute, may be included in the use of maintenance funds in matters relating to the improvement of residential co-location and the sharing of facilities and equipment adopted by the proprietors ' assembly。
Article xii. Use of the funds for maintenance to be shared according to the following principles:
(i) where the repair and upgrading, retrofitting area belongs to the shared part of the entire property management area, the shared facility equipment, the cost of which is shared by the entire owner in proportion to the size of the building owned by the property;
(ii) the cost of repairing and upgrading, retrofitting parts of the facility belonging to a single or part of the owner's share of the facility's equipment, to be shared by the beneficial owner in proportion to the size of the property he owns;
(iii) the repair and upgrading of parts of a single house, which belong to the outer wall or the floor, the cost of which is shared by the owners of the house in proportion to the size of the property they own;
(iv) if the balance of the owner's maintenance fund account is insufficient to cover the costs of maintenance and renovation, alterations, or funds for repairs not deposited, the portion of the shortfall or arrears is shared by the owner in proportion to the area of the property owned;
(v) where there is an agreement between the owners of the maintenance and maintenance funds to the extent that the maintenance and renovation are to be performed, the agreement shall apply。
Article 13: before transferring the maintenance funds to the management of the owner's conference, the applicant for the use of the funds is determined in the following order: if the owner's committee has been elected and during the term of office an application for the use of the maintenance funds has been submitted by the owner's committee or the property service firm; if the term of office of the owner's committee or the owner's committee has not expired, an application for the use of the maintenance funds has been submitted by the property service firm; and if there is no election of the owner's committee and there is no property service enterprise, an application for the use of the maintenance funds has been submitted by the village (resident) committee or the owner concerned。
Article xiv. The following procedure shall be followed before funds for maintenance are transferred to the management of the conference:
(i) application. The proprietors' committees, property services enterprises or village (residential) committees, the relevant owners (hereinafter referred to as “the applicant”) prepare maintenance programmes (including projects to be repaired and updated, projects to be renovated, cost budgets, scope of payments, construction programmes or contracts, bid and tender and supervision materials) and submit maintenance programmes to the district housing administration authorities。
(ii) owner confirmation. The maintenance programme shall be carried out with the consent of the owner, who owns a portion of the total area of the building in excess of two thirds or more of the total area of the building in the area covered by the maintenance funds, and shall be publicized by the district housing administration in a prominent location in the district for seven days。
(iii) transfer of funds. Upon expiry of the notice period, the number of owners with no objection or challenge does not exceed the proportion of owners or owners with more than one third of the total building area covered by the maintenance funds. If an application for the use of the maintenance funds is submitted prior to construction, a transfer of 30 per cent of the funds requested for maintenance is made for the first time, and the balance is to be transferred on the basis of the statement of accounts or the report of the construction price review, pending completion of the receipt and inspection of the construction accounts. Projects that have been completed and accepted prior to the submission of a request for the use of maintenance funds can be transferred in full and on a one-time basis。
(iv) complete acceptance and audit of accounts. Upon completion of the project, the applicant shall organize, in a timely manner, the completion and acceptance of the work by the relevant persons, such as the construction, supervisory units and part of the beneficial owners, under the supervision of the landlord's committee or the village (resident) committee. Upon acceptance, the applicant shall apply to the district housing administration for the release of the balance and submit such materials as the construction contract, the construction bill, the construction invoice and the acceptance certificate for the works; if the amount of the accounts exceeds the amount budgeted, an information statement shall be submitted with the consent of the owner, who owns a specific portion of the total area of the building, more than two thirds of the total number。
(v) transfers. The district housing administration publicizes the balance of accounts, and the procedures for the disclosure and transfer of the balance refer to subparagraphs (ii) and (iii) of this article。
Article xv. After transfer of maintenance funds to the management of the general conference of owners, they are spent according to the usage process established by the general conference of owners, which may draw upon the following procedures when developing the process:
(i) programme development. Maintenance programmes are established by property service enterprises, owner boards or relevant owners (hereinafter referred to as applicants)。
(ii) programme review. The applicant is a representative of the property service enterprise or the owner, and the maintenance programme is submitted to the owner's board for approval with the signature of two thirds of the owner's board; the applicant is the owner's board and is subject to the approval of the local village committee。
(iii) programme publicity and owner confirmation. The approved maintenance programme is publicized by the applicant at a prominent location in the district and by a vote of the owner in the area covered by the maintenance funds organized under the supervision of the village (resident) committee, with the consent of the owner, who owns the exclusive portion of the building in excess of two thirds of the total area and in excess of two thirds of the total, the applicant issues the signature material of the owner in the district for seven days。
(iv) financial transfers. The owner's committee informs the bank responsible for managing the transfer of the maintenance funds to the construction unit account and submits them to the municipal maintenance fund management agency。
Article 16. Upon receipt of an advance payment, the applicant shall organize the construction without undue delay; if the work has been completed and the approved project requires funding for maintenance, it shall be declared as soon as possible。
Article 17. In the following emergency situations, funds for maintenance may be requested through emergency maintenance procedures:
(i) elevators have run-off, crouching or other security hazards that endanger the safety of the person;
(ii) security hazards or malfunctions of equipment at fire protection system facilities;
(iii) there is a security hazard or malfunction in equipment for the drainage system facilities, causing extensive water outages or spills;
(iv) leakage of roofs, roofs, exterior walls and the sudden accumulation of water in basements, seriously affecting the proper use of owner houses;
(v) discovery of the outer walls of the house;
(vi) other circumstances that may seriously endanger the safety of persons。
In case of emergency, an application by a property service enterprise, an application by a non-employed property service enterprise, an application by a landlord's committee, and an unelected owner's committee or the owner's committee whose term of office has not changed, are made by the village (resident) committee acting on behalf of the main trade council (hereinafter referred to as the “applicant”)。
In the case of paragraph 1 (a) of this article, a letter of correction from the elevator quality inspection department or the elevator testing agency, or an on-site confirmation from the local village (resident) commission, or, in the case of subparagraph (b), from the public security fire service or police station, from the local village (resident) commission, or, in other cases, from the local village (resident) commission。
Article 18. In the event of an emergency involving shared area and shared facility equipment before the maintenance funds are transferred to the management of the conference of owners, the applicant applies for maintenance funds in accordance with the following procedures:
(i) in the event of an emergency under this scheme, the applicant immediately organizes an on-site survey of professionals and not less than five beneficial owners to prepare an emergency maintenance programme. At the same time, the owner's committee or village (residential) committee is notified of the emergency and the relevant materials are filed with the district housing administration in the locality。
(ii) the applicant immediately organizes maintenance, upgrading or retrofitting, while the significant location of the emergency maintenance programme in the sector is publicized for seven days。
(iii) upon completion of the work, the applicant shall organize the receipt and inspection within seven days, with the participation of five or more members of the owner's committee, beneficial owners or members of the local village (resident) committee。
(iv) upon completion of the work, the applicant shall submit to the district housing administration, in a timely manner, an application for payment of the relevant material. In accordance with the regulations, the district housing administration has publicized the outstanding position of the sector on 7 days, such as the statement of accounts for the works, the list of funds to be shared by the owners of emergency maintenance, the construction contract and the receipt and inspection report。
(v) upon expiry of the period of publicity, the number of disclaimers of owners who have not exceeded the proportion of owners who own more than one third of the total building area and more than one third of the total, within the scope of the funds allocated for specialized residential maintenance, notify the managing bank to transfer the funds for maintenance。
With the agreement of the sub-district owners ' committee, several sub-regions have been selected as pilot projects to establish special funds for housing emergency and to transfer value added from the sub-districts to special funds for emergency response. When a project is in an emergency situation, the maintenance funds are requested within the balance of the emergency response fund。
Article 20. The applicant shall enter into a contract with the construction enterprise for the construction of the maintenance and renovation and alteration projects。
Article 21 the pre-qualification (decision) of work on maintenance projects for a total amount of more than $20,000 shall be subject to a review of the construction price by an intermediary。
Applicants are encouraged to choose the construction enterprise by way of a tender and are encouraged to engage the engineering supervisory authority to oversee the work, and the costs associated with the pre-qualification of the price, solicitation agency, supervision of the project, testing and certification may be charged to the cost of the maintenance of the project。
Chapter iv oversight and management
Article 22 at the time of the transfer of ownership of the house, the assignor shall inform the assignee of the deposit and balance of the maintenance funds and transmit proof of contribution to the maintenance funds, the funds of which remain in the account of the sub-account of the house to be transferred together with the ownership of the house。
The transferee holds a transfer agreement, a home title certificate, an identity card to the municipal maintenance fund administration for the purpose of changing the name of the branch account。
Article 23: if a house is lost, the funds for maintenance shall be returned in accordance with the following provisions: if the property is lost as a result of demolition, natural disaster or other causes, the owner's identity card, the certificate of title to the house shall be cancelled until the municipal maintenance fund management agency has processed the return of the balance, and the account balance of the maintenance fund shall be withdrawn from the exclusive management bank and the sub-account shall be cancelled。
Article 24: the managing bank shall send maintenance fund statements to the municipal maintenance funds authority at least once a year; the funds for maintenance have been transferred to the owner's assembly for management, and maintenance money statements should be sent simultaneously to the municipal maintenance fund management agency and the owner's committee。
If the municipal maintenance funds authority or the owners ' committee objects to the evolution of the funds ' accounts, they may request a review by the exclusive management bank。
The dedicated management bank should establish a maintenance fund search system and receive requests from owners for the use of maintenance funds and book balances in their branch accounts。
The people's governments of the regions under article 25 shall set up specialized bodies to guarantee the financing of their work and be staffed to administer and use the funds for maintenance in their administrative areas. The management and use of maintenance funds should be subject to audit oversight by the audit department in accordance with the law。
Annex to chapter v
Article 26 the term “days” in this approach is “natural days”。
Article 27 this procedure applies from the date of its publication. The counties (municipalities) implement this approach。
Article 28 this procedure is explained by the municipal housing administration。
