Disbursement of funds for residential maintenance on 1 april
The rules for the administration of funds for the special maintenance of housing in the city of jiangmen (hereinafter referred to as the rules) will become effective on 1 april (as reported yesterday in this newspaper). Some developers expressed disappointment that the rules, which provided for pre-sale licences to be obtained from 1998 to 2003 to be paid by developers, had reflected divergent views in the january hearing with the jiangmen city house authority, but had still not been adopted in the implementing rules. According to the persons concerned, this provision is consistent with the regulations of guangdong province。
The original developer's out of town. Who's paying for it
Chapter ii, article 9, paragraph 2, of the rules provides that funds earmarked for the maintenance of residential housing projects for commodities for the period from 1 october 1998 to 31 august 2003 under the pre-sale licence for commodity houses shall be deposited by the development unit at a one-time rate of two per cent of total property investments. Huang dewen, president of the jiangmen city real estate industry association, challenged this, stating that the provision was very inoperative。
He indicated that, according to his knowledge, many of the premises in the town of jiangmen that were currently licensed for pre-sale between 1998 and 2003 had undergone a change of hand, and some of the original developers had been shut down or even withdrawn from the market. “if the original developer were to pay for specialized residential maintenance, would the money be levied on companies that had withdrawn from the market? And whether or not it is available, the recovery itself is costly administratively
Some developers also agree with hoang german, with the example of the urban southern spring garden being used by unrenowned industry. “the project was either pre-saled prior to 30 september 1998 or between 1 october 1998 and 31 august 2003.” according to the industry, this has resulted in different forms of contribution from the owner and the developer, respectively, in a project, which is unfair for some of the owners. “second, the building has undergone two transfers, and the original developer has ceased to exist because of the change, so who is responsible for the portion of the housing maintenance funds paid by the developer? This rule is not clear either.”
The city building board said the text was in order
It is understood that this provision is consistent with the rules of procedure in the law on the management of funds for special maintenance in the city of jiangmen city, published last year. Huang dewen indicated that, including at the hearing in january of this year, jiangmen city real estate developers had repeatedly expressed their disagreement to the government authorities and suggested that reference be made to the provision in the rules “to obtain a pre-sale plate by 30 september 1998, subject to the decision of the respective owner to organize his own ownership” but that the government remained unchanged。
In response, journalists tried to interview the city building board, but the responsible property management supervisors refused to interview for their heavy workload, merely responding in writing to questions raised by journalists. The written response states that “the reasons for the absence of any change in article 9, paragraph 2, of chapter ii of the rules are clearly established in legal and regulatory documents such as the regulations for the administration of property in guangdong province and the circular of 26 october 2007 from the provincial construction department to the provincial people's congress on requests for clarification of the requirements of the regulations for the deposit of property management and maintenance funds in guangdong province (no. 400)
Journalists have consulted the guangdong property regulations, amended in november 2008 and implemented on 1 march 2009, which do not contain provisions for developers to pay for specialized residential maintenance. However, under chapter 5, paragraph 32, of the 1998 guangdong property regulations, the property management maintenance fund is transferred to the owner's board in a one-time transfer of property management rights from the property construction unit to the owner's board, the ownership of which is shared by the owner. Document no. 400, on the other hand, states that pending the implementation of the state council property regulations of 31 august 2003, the relevant provisions of the guangdong regulation on the administration of property in guangdong province shall apply to the subject matter of payment of the fund。
Focus of the controversy
Chapter ii, article 9, paragraph 2, of the rules provides that funds earmarked for the maintenance of residential housing projects for commodities for the period from 1 october 1998 to 31 august 2003 under the pre-sale licence for commodity houses shall be deposited by the development unit at a one-time rate of two per cent of total property investments。
“if the original developer were to pay for specialized residential maintenance, would the money be levied on companies that had withdrawn from the market? And whether or not it is available, the recovery itself is costly administratively
Hwang german, president of the jiangmen city real estate industry association
“who is responsible for the portion of the housing maintenance funds paid by the developers? This rule is not clear either.”
– unrenowned professionals
Old and new comparisons. Old house rate changes
New: according to the rules, in the case of a commodity residential project that was granted a pre-sale licence for commodity houses by 30 september 1998, the owner shall deposit funds for the exclusive maintenance of the dwelling, the criteria for which shall be determined by the respective owner's own body。
Old: the draft request for comments stipulates that funds earmarked for the maintenance of a commodity housing project that was granted a pre-sale licence prior to the application of the guangdong property regulation of 30 september 1998 shall be paid by the purchaser for the maintenance of the property at 2 per cent of the amount of the building to be sold, in accordance with the size of the property owned。
Change if you don't pay the penalty
New: the rules provide that owners who have issued certificates of ownership of a dwelling who, after numerous reminders, do not deposit funds for the exclusive maintenance of the dwelling shall be declared in the district by the relevant owner/owners ' committee and that the municipal and district property administration authorities shall assist the owners/owners ' committee in the district in the judicial recovery。
Old: the draft requires that for owners who have been ordered to refuse to pay for specialized maintenance... ... If within 15 working days of the issuance of the notification for the collection of funds for special maintenance, the amount of 2 per cent/month of the initial deposit is collected and the owner is legally assisted in the recovery of funds through legal means。
New: the rules provide that, if the development construction unit has not deposited the funds required for the specialized maintenance of the dwelling ... It shall not so deposit, the owner concerned shall, through judicial means, recover the funds for the specialized maintenance of the dwelling from the development unit and the administrative authorities of the city and district estate shall provide assistance in accordance with the law。
Old: the consultation draft provides for the collection of 2 per 1,000 per cent of the initial amount of delayed payments by development units that have not yet made the required contributions for specialized maintenance。
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