The committee went to the developer to recover the repair money
It's a small area of the sandheart
When there is an elevator failure and an exterior wall fall, the maintenance needs to be done with the property maintenance fund, but the maintenance money for a small area of the sandy heart has not been implemented. The small district industry commission brought the developers before a court of law for transfer to all property maintenance funds, with the final outcome of the court's decision. Today, journalists were informed by the people's court of the tiancai district of changsha city of the specific circumstances of the case。
Journalists were informed by the court that, in 2003, district developers, when selling their houses, received property maintenance funds from the community's commodity houses and garages through the property management department of their holding companies. By the end of 2004, the property company had handed over some of the maintenance funds to the small area industry council, and the developers had paid the maintenance funds for the ownership garage to the changsha city property maintenance and management centre. However, the developers refused to hand over to the district industry committee on the grounds that the remaining house maintenance funds and garage maintenance funds were not collected。
Over time, problems of elevator failure, falling outer walls and leaks in the subsectors required the activation of the property maintenance fund, while the developers were late in handing over the property maintenance fund to the owner's board. In 2013, at the small zones owners conference, the owners voted to adopt a resolution “authorizing the landowners' committee to take reasonable and lawful measures and developer h to liquidate and recover maintenance funds”. Subsequently, the district industry commission sued company h to the people's court of the tianchong district, seeking the court's decision to hand over the entire property maintenance fund to the owners ' committee and to pay the overdue interest misappropriated from the fund。
After hearing, the court found that the fact of the purchase of the house in this case occurred in 2003 and that the collection of the special maintenance fund for the property applied to the administration of the fund for the maintenance of common facilities and equipment, issued by the ministry of construction and the ministry of finance in 1998, under which the seller was obliged to charge the maintenance fund for the property to the purchaser at the time of the sale of the property. The defendant, company h, as the developer of the district, refused to transfer the property-specific maintenance funds and argued that the property maintenance funds had not been collected, a defence that could not be established. Accordingly, the court ruled that the defendant should hand over all funds earmarked for maintenance and compensate for interest arrears, as claimed by the plaintiff。
Journalist, yang zheng, correspondent, zhang tian
It's a little common sense for these property maintenance funds. You should know that
How
The property maintenance fund is dedicated to the maintenance of shared premises and facilities after the sale of new commodity houses and public housing. Specific payments can be made in two cases: in the case of a commodity house purchased before 31 january 2008, when the owner processes the home ownership certificate, the sales unit shall hand over the maintenance funds received to the local real estate administration. Another is a commodity house that was purchased after 1 february 2008, and the owner, before entering the house, deposites the initial home maintenance fund into the special home maintenance fund。
Who's in charge
The funds deposited by the owner for special maintenance of the property are owned by the owner. In accordance with the relevant regulations of changsha city, until the establishment of the conference of owners, the centre for the management of funds for the special maintenance of the estates of changsha city was in charge. Following the establishment of the proprietors ' conference, and upon the decision of the proprietors ' decision to manage their own specialized maintenance funds, the proprietors ' committee applies to the management centre for transfer. The management centre continues to administer specialized maintenance funds without the decision of the owner to manage them。
How do you apply
The first is hosted by the management centre: applications for use by the owner; site surveys by the management centre; approval by more than two thirds of the owners; publicity by the management centre; organization of the use programme; application by the owner for support from the management centre; and transfer of maintenance funds to the maintenance unit upon approval by the management centre。
The second is managed by the proprietors ' assembly itself: by the owner; with the consent of more than two thirds of the owners; by the owner's organization; by the owner submitting to the proprietors ' committee the funds for the special maintenance of the property; and by the proprietors ' committee, with the approval of the proprietors ' board, for filing with the authorities responsible for the construction of the area (real estate); upon agreement, the owner's committee transfers funds to the maintenance unit。
