(cancelled)
Office of the people's government of lu liang
In connection with the publication of housing units on the collective land of lu liang
Notification of co-management of funds for common area shared facility equipment maintenance (pilot)
The people's governments of each county (municipality, district) and the relevant municipal units:
The joint management of funds for the maintenance of common facilities and equipment for the maintenance of common housing complexes on collective land in lu liang city (the pilot) has been agreed by the municipality and is being circulated to you for serious follow-up。
Office of the people's government of lu liang
15 december 2023
(this one is publicly available)
Co-management of funds for the maintenance of common facilities and equipment for shared residential areas on collective land in lu liang city (pilot)
Chapter i general provisions
In order to solve the problems of managing and repairing small residential areas on collective land in the lu liang municipality, and to effectively address the security problems of small residential areas on collective land, this approach has been developed in the light of the ministry of housing and construction's measures for managing the financing of special housing repairs, the departmental housing and urban and rural construction department's circular on matters relating to the emergency use of special residential maintenance funds。
Article ii: this approach applies to the deposit, use, management and supervision of co-management of funds for the maintenance of common facilities and sub-divisions of residential areas on collective land within the municipality of lu liang。
Article 3. If the owner of the dwelling determines that the development subject has not been lost, the development owner transfers to the collective economic organization of the landowner village the relevant construction files, the allocation programme and information on the actual owner of the house. In the event that the owner of the development has lost, the owner submits the relevant information obtained from the house to the collective economic organization of the village, the collective economic organization of the village registers the actual owner of the house and manages the archives, and in the event of a transfer of the right of use of the house, the buyer and the buyer register with the collective economic organization of the village in a timely manner. For the time being it is not possible to identify the owner of the home, the right and obligation are fulfilled by the collective economic organization of the village, and the costs are paid by the owner of the dwelling, if determined。
Under this scheme, co-management funds (hereinafter referred to as co-management funds) for the maintenance of residential subdivisions on collective lands and for the maintenance and upgrading of communal subdivisions on collective lands, after the expiry of the warranty period for the maintenance of common facilities and equipment, and for the upgrading of such subdivisions, shall be used exclusively for the purpose。
Article 5 of this scheme refers to the area of shared housing, which is shared by the owner of a single house or the owner of a single house or of a non-residential house connected to it, in accordance with the law, regulations and the contract for the purchase and sale of a house, and which generally includes the base of the house, the carrying wall, the column, the beam, the floor, the roof and the wall, the door hall, the stairway, the corridor, etc。
Under this scheme, equipment for shared facilities is used by the owner of the home or the owner of the home and the owner of the non-residential home in accordance with the law, regulations and the contract for the purchase and sale of the house. The equipment for ancillary facilities is generally included in elevators, antennas, lighting, fire-fighting facilities, green land, roads, street lights, ditches, ponds, wells, garages for non-operational garages, facilities for public use and houses for shared facilities。
Article vi. The management of co-management funds is governed by the principle of split accounts, earmarking, decision-making by users, and government oversight。
Deposit
Article 7. The co-management funds deposited by the owner of the home are owned by the owner of the house and are shared by the self-governing organizations, such as the commune (street) commission or the district property council. The management of co-management funds in each county (municipality, district) shall select commercial banks by open tender, and determine on the basis of merit, depending on the security of funds, the return of funds, the level of services, etc. There are also co-financing accounts with dedicated management banks, with general accounts in the property management area and sub-accounts in the housing account number; no property management area has been assigned in the unit and accounts in the house number。
When the balance of co-management funds in the accounts of sub-households is less than 30 per cent of the initial deposit, self-governing organizations, such as the commune (street) commission or the district property council, issue renewal notices to the occupants of the houses in the sub-districts, who are required to renew them in due course. The deposit criteria may be based on the criteria for the collection of funds for specialized residential maintenance, which are developed jointly by the municipal housing authority and the municipal finance authority, and by the cantons (municipalities and districts) on the basis of the actual situation. The opening of a co-management fund account shall be made in units of the property management area and shall be divided according to the house gate number; and in units where no property management area has been assigned, the accounts shall be divided according to the building gate number。
Article 8. The instruments used for the exclusive use of funds for co-management are drawn up using the specialized housing maintenance machine, which is produced by the financial authorities。
Chapter iii use
Article 9 -- co-management funds shall be earmarked for residential areas, maintenance and upgrading after the expiry of the warranty period for common facility equipment, and may not be diverted for other purposes。
Article x. The use of funds jointly shall be guided by the principles of transparency, accessibility and consistency between beneficiaries and burdens。
Article 11 the use of co-management funds shall be shared among the occupants of the homes to which they are subject in proportion to the size of the buildings they own. The establishment of the property management committee (pci) decides otherwise or the extent to which the owner agrees otherwise on the share of the shared funds to be used。
Where the balance of the co-management fund account is insufficient, it is shared by the right-holder in the area concerned in proportion to the size of the building they own。
Article 12. Before management by the committee for the transfer of funds, the following procedure shall be followed:
(i) property service enterprises or housing rights holders prepare co-management programmes for the use of funds based on maintenance and renovation and renovation projects, with prominent announcements in property management areas. The use programme should include the basics of the maintenance project, the cost budget, coverage, etc.
(ii) the programme for the use of co-management funds shall be supported by a vote of the right-of-occupancy of more than two thirds of the total building area and of the right-of-occupancy of more than two thirds of the total building area, with the consent of the right-of-occupancy of more than one half of the dwelling area and of more than one half of the building area of one half of the population, with the result being publicized on 7 days in the property management area
(iii) the property service enterprise or the owner of the dwelling concerned, on the basis of a vote by the owner, the budget of the project, etc., to apply for use in the municipality (street)
(iv) local townships (streets) review and confirm information on elements such as the use of co-management funds, and upon on-site inspection consent, file the information with the co-management fund management agency and apply for funding
(v) the co-management fund management agency receives approval from the municipality (street) and issues notification to the managing bank of the transfer of co-management funds
(vi) two working days after notification by the dedicated management bank for the transfer of the co-management funds to the maintenance unit with the vote of the owner of the house; if the maintenance quality warranty is to be retained in accordance with the relevant provisions and maintenance contracts, it may be retained in the co-management fund account
(vii) upon acceptance of the maintenance work, the property service enterprise or the owner of the building concerned shall disclose the receipt and inspection of the maintenance work, the report of the construction account and the cost-sharing of the owner of the building for a period of seven working days in a prominent location involving the maintenance of the building。
Article 13 after management by the committee on the transfer of funds, the following procedures are followed:
(i) property service enterprises or the owner of the housing concerned prepare a programme for the use of co-management funds on the basis of maintenance and renovation and renovation projects and report it to the property management council (pca) for approval, together with a notice of prominent location in the property management area. The use programme should include the basics of the maintenance project, the cost budget, coverage, etc.
(ii) the programme for the use of co-management funds shall be supported by a vote of the right-of-occupancy of more than two thirds of the total building area and of the right-of-occupancy of more than two thirds of the total building area, with the consent of the right-of-occupancy of more than one half of the dwelling area and of more than one half of the building area of one half of the population, with the result being publicized on 7 days in the property management area
(iii) the council for the control of property (comi) reviews the results of the vote of the owner, the programme of use, the budget for the works, etc., submitted by the property service enterprise or the owner of the house concerned
(iv) following the approval of the property management committee (pca), a transfer of funds is notified to the dedicated management bank, which, upon receipt of the notification, transfers the co-management funds to a maintenance unit with the vote of the owner of the house for two working days; if the maintenance quality warranty is agreed to be retained in the co-management account in accordance with the relevant provisions and maintenance contracts, it may be retained in the co-management account
(v) upon acceptance of the maintenance work, the property service enterprise or the owner of the building concerned shall publish the report of acceptance of the maintenance work, the report of the construction account and the contribution of the owner of the building for a period of seven working days in a prominent location involving the maintenance of the building。
Article 14. In cases of emergency, such as endangering the safety of houses, which require immediate repair and upgrading of shared residential areas, shared facilities and equipment, co-financing shall be provided as follows:
(i) applications for use by property service enterprises, without property service enterprises, by the owner of the dwelling concerned, verified by the property management board (pcc) and, if there is no property management council (pcc), certified by the village council (cbc), apply for emergency use of co-management funds from the local municipality (street)
1. Large-scale serious leakage caused by water damage to the surface, as confirmed by competent testing agencies
2. The failure of the elevator endangers the safety of the person and the security technical evaluation conducted by a special equipment inspection agency of qualification determined that it had to be upgraded, significantly repaired or modified to be repaired
3. The facilities involved in the secondary water supply and drainage system were faulty and affected by their use, as confirmed by qualified testing agencies
4. The external wall of the building is in danger of falling, endangering the physical integrity of the person, as confirmed by the agency for the quality of the house
5. Functional impairments in the fire protection system, which results in reports of unsatisfactory performance from institutions with the qualifications of fire protection facilities
6. Other emergency situations, such as those seriously endangering housing security, are confirmed by the agency for the quality of houses
(ii) before an applicant makes an application for use, should the property management board (abc) or the village council (ccp) post an announcement, not less than three working days, at a prominent location within the property area
(iii) upon receipt of the application by the municipality (street), the personnel shall immediately be organized to conduct the review and to take a decision on consent within two working days of receipt. The approval is followed by a report to the joint management agency, which transfers funds to the applicant or the maintenance unit or construction enterprise. The initial allocation of funds shall not exceed 60 per cent of the project budget
(iv) upon completion of the maintenance work, the maintenance work is subject to acceptance by the applicant or a substitute organization, the owner of the house, the property management council (the board) or the village council (the neighbourhood council), the property service enterprise, the maintenance unit, the construction enterprise, the inspection agency. A bid report is issued by the engineering pricing agency and the cost is included in the current emergency maintenance cost
(v) upon acceptance of the maintenance works, the applicant or a substitute for the organization shall announce, for a period of not less than seven working days, the prominent position within the property area, such as the acceptance opinion for the emergency maintenance works, the outcome of the examination of the price, the total amount of co-management funds actually used for the works and the cost-sharing of the owner of the house
(vi) following the receipt and inspection bulletin for maintenance works, the applicant submitted a request for the release of the remaining portion of the contingency co-management fund in the form of a receipt and inspection report and a price review report。
In cases where emergency maintenance cannot be carried out due to the mutual push of the property management board (pcc) and the property services company, which affects the normal life of the owner of the home, it is organized by the territorial street office and the town people's government, and the cost of maintenance is determined by agreement between the parties from the accounts of the shared funds of the maintenance of the owner of the home。
Article 15 the following expenses shall not be charged to the funds jointly administered for property maintenance:
(i) the cost of common residential space, common facility equipment maintenance, upgrading and alteration, which shall be borne by the construction unit or construction unit in accordance with the law
(ii) maintenance and maintenance of plumbing and facility equipment, such as water, electricity, gas, heat, communications, cable television, etc., which are legally to be borne by the relevant units
(iii) the costs of repairing common residential areas and equipment for shared facilities that should be borne by the parties for human damage
(iv) maintenance and maintenance of shared residential areas, shared facility equipment, as agreed in the property services contract, to be borne by the property services enterprise。
Article 16 costs arising from repairs and upgrades, valuation and pricing consulting, engineering supervision, third-party audit, etc., should be included in the cost of repairs and upgrades。
Chapter iv. Oversight responsibilities
Article 17 the funds management agencies for co-management in the counties (municipalities and districts) are responsible for filing information on the elements of the application for the use of co-management funds; the commune (street) is responsible for reviewing applications for the use of co-management funds (eligibility of applicants, programme for the use of co-management funds, vote of owners, public announcements, construction contracts, completion and acceptance, settlement, etc.); the applicant is responsible for the authenticity, legality and accuracy of the information submitted on the procedures for the use of the programme, the vote of owners, public announcements, construction contracts, etc.; and the maintenance unit is responsible for the authenticity of the maintenance activities and for the quality of the works。
The agreement management bank shall send a co-management fund statement to the co-management authority at least once a year. If there is an objection to the movement of the funds account, a review may be requested from the governing bank of the agreement。
The agreement management bank shall establish a system of co-registering of funds and receive inquiries from the owner of the house regarding the use of co-regulated funds, value-added gains and book balances in its sub-accounts。
Article 18 joint management and use of funds shall be subject to audit oversight by the audit service in accordance with the law。
Article 19 financial management and accounting of funds jointly administered implement the relevant provisions of the treasury. The treasury should strengthen its oversight of the financial management of funds and the implementation of the system of accounting for the co-management of income and expenditure。
Article 20 if the owner of the house does not deposit or renew the joint management of the funds in accordance with the rules or the notification, the village (resident) committee or the interested person may, in accordance with the law, institute proceedings before the people's court; in violation of the provisions of this act, the management authority of the joint management of the funds may unilaterally cancel the agreement with the sole management of the funds of the exclusive management bank and, in serious cases, hold the exclusive management of the bank legally liable。
Criminal liability of persons directly responsible and other persons directly responsible for the diversion of funds in violation of this scheme is established by law。
Article 21. The co-management of funds, the financial authorities, the townships (streets) and their staff shall take advantage of their functions to receive other persons ' property or other benefits, shall not perform their duties of supervision, audit or administration and shall be punished in accordance with the law; if they constitute an offence, they shall be held criminally liable in accordance with the law。
Article 22 if, prior to the implementation of this scheme, funds that have not been jointly financed have been made available for use, they shall be replenished。
Article 23 this scheme is in force for a period of two years from the date of its publication。
Interpreting link: [text] interpretation by the city housing authority of the joint management of funds for the maintenance of shared facilities and equipment for common housing sub-areas on collective land in lu liang city (pilot)
Policy advice: municipal housing authority
