The funds dedicated to the maintenance of houses (hereinafter referred to as “maintenance funds”) are those earmarked for the maintenance, upgrading and renovation of common premises and facilities after the expiry of the warranty period。
Earlier, in july, four international owners of hunt, in the southern ming district of guiyang city, were preparing to use maintenance funds to replace old elevators because of the discrepancy in the amount. How are maintenance funds consulted? How are they used? How can regulation be implemented? What are the legal consequences of misappropriation? In response to these questions, journalists were consulted by the heads of the relevant departments of the provincial housing offices, professionals and legal professionals。
Counsel resolves that maintenance funds are managed in a transparent and transparent manner and that if diverted, the corresponding legal liability is incurred
“in accordance with article 25 of chapter v of the act on the management of funds for specially retrieval of housing, the escrow unit for the collection of funds for the exclusive maintenance of housing shall be regularly disclosed to the owner, consulted by the owner and subject to audit supervision by the audit department in accordance with the law.” chen zixin, a full-time lawyer at the quizhou state attorney's office, told journalists that maintenance funds should be managed in a transparent and open manner and that owners could consult the residential department。
Chen zixin stated that, under chapter 4, article 16, of the act on the management of funds for special housing maintenance, funds for maintenance were earmarked for the maintenance, upgrading and renovation of housing areas, after the expiry of the maintenance of the shared facility equipment, and could not be diverted. Article 31 of chapter 5 of the act on the management of funds for the specialization of housing maintenance provides that, in contravention of this act, funds for the special purpose of housing maintenance shall be recovered by the real estate authorities of the local people's governments above the county level, the funds for the special purpose of housing maintenance shall be confiscated, the proceeds of the offence shall be confiscated, a fine of up to two times the amount of the offence shall be imposed and the persons directly responsible shall be held accountable in accordance with the law。
“early earmarked funds for maintenance shall not be used for other means, such as the appropriate legal liability in case of misappropriation.” chen zixin stated that, in addition to the penalties provided for in the preceding paragraph, property management enterprises that misappropriated funds for the specialized maintenance of housing were reduced by the department issuing the certificate of qualification, which, in serious cases, was revoked. If the real estate authority misappropriates funds for the special maintenance of housing, the superior real estate authority recovers the funds for the special maintenance of housing that have been diverted, and provides for the punishment of those directly responsible and other persons directly responsible in accordance with the law; they constitute an offence and are held criminally liable in accordance with the law。
According to industry sources, funds for maintenance can be accessed online and offline
The funds for maintenance are closely related to the livelihood of the population, but most of the population is not well aware of the funds for maintenance. How should maintenance funds be paid for and used in real life? In response, journalists sought information from mr. Kim, a professional who had been working in property companies for many years。
“maintenance funds are for the public part of the sub-districts, and for the maintenance and alteration of public facilities after the quality assurance period, and cannot be used for other purposes. The main uses are for the maintenance and rehabilitation of public areas in small areas.” mr. King explained the nature of the funds for maintenance in a common and understandable manner。
So when's the maintenance fund due? What's the specific process? What role are property companies playing in them
Mr. King replied: “the maintenance fund is usually paid with the house payment when the house is purchased. In the process, the property company acts primarily as a link between making proposals for use on the basis of district maintenance and rehabilitation projects, then soliciting advice from the owner, applying to the competent authority after the conditions for use have been met, and finally publicizing the use of the maintenance funds to the owner.”
In practice, how can the inhabitants of a small neighbourhood ask for funds for maintenance
"queries can be made from two ways above and below the line." mr. King told journalists that the first was to access the network of local housing and urban-rural construction office officials to check the balance of maintenance funds in the subdistricts and also to consult the housing fund office online. The second is to consult the local housing authority or the housing security and housing authority window。
Under what circumstances can you apply for maintenance funds? How's it going? How long does it take
According to mr. King, work on general maintenance is subject to the scope of the maintenance fund, has passed the quality assurance period and can only be used with the consent of the owner, who owns the exclusive portion of the building more than two thirds of the total area and more than two thirds of the total。
The process is as follows: submission of the use programme — tender for the maintenance construction unit, determination — vote by the owner — preparation of information to be filed with the maintenance fund management body — review of the pre-payment of a portion of the works — visa for the construction of works — receipt and inspection for the completion of work on the project — and, finally, submission of project-related information for audit and preparation。
Can the funds for maintenance be saved? Provincial building office response: available to purchase state debt, with the consent of the owner
“we administer maintenance funds in accordance with the principles of unified aggregation, exclusive storage, earmarking, joint ownership decision-making and government supervision, generally under the supervision of territorial functions.” the head of the relevant department of the provincial housing office informed journalists that, using as an example the measures for the management of funds for the special maintenance of houses in guiyang city, it was made clear that, in cases where no transfer of maintenance funds had been requested before or after the establishment of the general assembly of owners, maintenance funds were managed centrally by the housing and urban-rural construction authorities, and the work required was included in the same level of the budget。
In the practical management process, territorial housing and urban-rural construction authorities shall, on the basis of the principles of financial security, quality of services, scientific evaluation and fair and public disclosure, select commercial banks on a merit basis as exclusive managers of maintenance funds (hereinafter referred to as exclusive managers of banks), and shall make public, in accordance with the law, the contracts of trust management, specifying the rights and obligations of the parties。
“this account is set up with very precise requirements, usually in the property management area or in a house, with a separate account number. At the same time, each year from the date of deposit of the maintenance funds into the bank, the interest is calculated in accordance with the relevant provisions of the people's bank of china and is regularly credited to the branch account.” the person in charge said。
With the establishment of a conference of owners in the sub-districts, they can apply to the housing and urban-rural construction authorities for transfer of funds for maintenance and the opening of a fund for maintenance. As agreed in the contract, the specialized management bank is responsible for the establishment, depositing, use, interest, transfer, settlement, accounting, reconciliation, searching, etc. Of maintenance fund accounts and entrusts third-party professional bodies with the provision of maintenance fund management supervision services to owners, owners ' committees, property service enterprises or other administrators (hereinafter referred to as applicants)。
“whether it is managed centrally by the territorial housing and urban-rural construction authorities or by the owner's assembly itself, the funds for maintenance shall be used exclusively for the purpose of repairing, upgrading and retrofitting the shared premises, after the completion of the maintenance of the shared facilities and equipment, and may not be diverted for other purposes.” the director indicated that, while ensuring the proper use of maintenance funds, the landlord's committee could apply to the managing bank for the transfer of maintenance funds to the bank's term deposits, or for the purchase of newly issued state debt in the first-tier market, which could not be used for other investments, and prohibit the use of purchased state debt for collateral, mortgages, etc。
“for the purchase of state debt using maintenance funds deposited by the owner, the agreement of the owner's assembly shall be obtained if there is no owner's congress, the consent of the owner who owns more than two thirds of the building and more than two thirds of the total.” the official stated。
I'm a journalist for the guizhou daily news
Editor
Second trial, u yifan
Third trial, tanya
