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Special residential maintenance funds refer to funds specially used for the maintenance, renewal and transformation of common parts of residential buildings and common facilities and equipment after the expiration of the warranty period. The special maintenance funds shall be managed by the financial department of the municipality, city or county where the property is located or the competent department of construction (real estate).
Property service charges refer to the fees charged by property management enterprises to the owners for the repair, maintenance and management of houses and supporting facilities and equipment and related sites in accordance with the provisions of the property service contract, and to maintain environmental sanitation and order in the relevant areas.
1. The charging units of the two are different, and the special maintenance fund for residential buildings is charged by the state, which is collected by the developer when selling the house, and a special receipt for the special maintenance fund is issued. The property fee is collected by the property management company and is used for the daily service work expenses of the property.
2. The charging cycle of the two is different, and the special residential maintenance fund is charged at one time, and it shall not be collected again before the money is used. The property fee is a daily fee, which is billed on a monthly basis and is continuously charged according to the cycle agreed in the property management contract.
3. The two are used differently. The special residential maintenance fund is used for the medium repair, overhaul and renewal of public areas and public equipment and facilities. Property management expenses are used for the daily management, maintenance, minor repairs and office expenses of property service enterprises.
4. The custodian units of the two are different. The special maintenance fund for residential buildings will be entrusted by the designated department in the early stage, and will be entrusted by the property committee in the later stage. The property management fee is collected and paid by the property management service enterprise.
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Hello! 1. The applicable objects are different: special maintenance funds are applicable to residential properties, non-residential properties in residential communities or non-residential properties connected to the structure of a single residential building; The special maintenance** is mainly applicable to the property after commercial housing and public housing**, and is also applicable to non-residential commercial housing.
2. The main body of payment is different: the main body of special maintenance funds is the owner, and the main body of special maintenance of ** commercial housing is the buyer. 3. The scope of application is different
The special maintenance funds are used for the maintenance, renewal and transformation of the common parts of the property and the common facilities and equipment after the expiration of the property warranty period; Special maintenance** is used for the maintenance of common parts of the house and common facilities and equipment. 4. Different ownership: the special maintenance funds belong to the owners, and the special maintenance of **commercial housing paid by the buyers** belongs to all the owners.
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It is used for the repair of problems such as water leakage and cracks in the house, and it can be used when there is a problem, of course, you need to pay the property fee.
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The first point is that the special maintenance fund is actually a money that needs to be repaired, the second point is that this fund is mainly a cost for repairing when there is a problem with your house, and the third point is that it is basically handed over to the property to deal with.
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It is the funds issued by some financial departments to some units for maintenance and repair. It will be used when the company and related organizations are carrying out maintenance. If you don't live in it, you will have to pay the corresponding property fee.
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Legal analysis: The special maintenance fund is a special fund for the maintenance, renewal and transformation of the common parts of the residence and the common facilities and equipment after the expiration of the warranty period.
Legal basis: Article 7 of the Measures for the Administration of Special Residential Maintenance Funds The owners of commercial residential buildings and non-residential owners shall deposit special residential maintenance funds according to the construction area of the property they own, and the amount of special residential maintenance funds deposited in the first phase per square meter of construction area shall be 5% to 8% of the cost per square meter of local residential construction and installation projects.
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Special residential maintenance funds are specially used to ensure the maintenance and normal use of common parts of residential buildings, common facilities and equipment, and the funds used in residential overhaul, medium repair, renewal and renovation shall not be diverted for other purposes.
The common parts of the dwelling generally include: the foundation, load-bearing walls, columns, beams, floors, roofs and outdoor walls, hallways, stairwells, corridors, etc.; Shared facilities and equipment generally include elevators, fire-fighting facilities, roads, sewer pipes, non-operating parking garages, public welfare cultural and sports facilities and equipment, and the houses used by them, monitoring systems, etc.
The special maintenance fund for residential buildings is managed by the competent department of construction (real estate) of the municipalities directly under the Central Government, city and county where the property is located.
In accordance with the "Measures for the Management of Special Residential Maintenance Funds".
Article 4: The management of special residential maintenance funds implements the principles of special account storage, special funds, decision-making by the owner, and supervision.
Article 5: The competent department of construction in conjunction with the financial department is responsible for the guidance and supervision of the national housing special maintenance funds.
The competent department of local people's construction (real estate) at or above the county level shall, in conjunction with the financial department at the same level, be responsible for the guidance and supervision of special residential maintenance funds within the administrative area.
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What is the special maintenance fund for property 1. What is the special maintenance fund for? The special maintenance fund is a special fund for the maintenance, renewal and transformation of the common parts of the residence and the common facilities and equipment after the expiration of the warranty period. In addition to the purchase money, taxes, and property fees, it is separately raised, stored in a special account, and accounted for separately.
The payment of special maintenance funds is not a special transaction or legal relationship, but is to prepare for emergency repairs, renewal or renovation of the common parts of all buildings, if there is a problem with the garage or fitness equipment in the community and needs to be repaired, then the money will be used. Since the maintenance of the common part is related to the common or public interest of all owners, the maintenance fund is public and public. That is to say, the money paid is used for the construction of the common part of the owners, and the owners jointly benefit.
2. Do I have to pay special maintenance funds? The payment, deposit and use of special maintenance funds shall be stipulated by relevant laws. The payment of special maintenance funds is for the public interest of the owners in the community, therefore, the payment of special maintenance funds is a legal obligation aimed at safeguarding the common interests or public interests of the owners of the community, and it is also to avoid contradictions.
3. Are there any restrictions on payment? Based on the public nature and public welfare of property maintenance funds, and the payment of property maintenance funds is a legal obligation, this kind of legal obligation is continuous in time, so there is only the problem of supplementary payment, and there is no problem that can not be paid due to the passage of time. To sum up, it can be seen that the special maintenance fund is specially used for the maintenance, renewal and transformation of the common parts of the property and the common facilities and equipment after the expiration of the warranty period, which belongs to all owners.
The payment of special maintenance funds is a legal obligation of the owner to maintain the long-term safe use of the building.
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In China, the special maintenance metal of residential buildings is owned by the owner, and is used as a special fund for the repair of such houses in the event of quality problems. China's law stipulates that the relevant house buyer should pay a certain percentage of the house repair fund when purchasing this type of house, and once the house exceeds the relevant house warranty period, he can have money to repair it.
1. Who owns the special maintenance funds for residential buildings?
The Property Management Regulations clearly stipulate that the special maintenance funds for the property shall be owned by the owner. It can be seen from this that the special maintenance fund should be the property of the owner, and in most cases the fund is managed by the property management company after the approval of the owners' committee, but in the end, the special maintenance fund for the residential property is still owned by the owner.
According to the "Administrative Measures for the Maintenance of Common Equipment in Common Parts of Residences", when the owner handles the housing ownership certificate, the commercial housing sales unit shall transfer the maintenance funds collected to the local real estate administrative department for escrow. After the establishment of the owners' committee, with the consent of the owners' committee, the real estate administrative department will transfer the funds to the property management enterprise for escrow.
Article 281 of the Civil Code The maintenance funds of buildings and their ancillary facilities belong to the owners in common. It can be used for the maintenance, renewal and transformation of common parts such as elevators, roofs, exterior walls, and barrier-free facilities by the owners. The raising and use of funds for the maintenance of buildings and their ancillary facilities shall be announced on a regular basis.
If it is necessary to maintain the building and its ancillary facilities in an emergency, the owners' general meeting or the owners' committee may apply for the use of the maintenance funds of the building and its ancillary facilities in accordance with the law.
2. Cost sharing
The costs of maintenance, renewal and renovation of common parts and common facilities and equipment between commercial residences or between commercial residences and non-residential buildings shall be shared by the relevant owners in accordance with the proportion of the floor area of the property owned by them. The cost of maintenance, renewal and renovation of the common parts and common facilities and equipment between the after-sales public housing shall be shared by the relevant owners and the public housing sales units in accordance with the proportion of the special residential maintenance funds deposited.
Among them, if it should be borne by the owner, it shall be apportioned by the relevant owners in accordance with the comparison of the construction area of the property owned by them. The maintenance, renewal and renovation costs of the common family parts, common facilities and equipment between the after-sales public housing and commercial housing or non-residential buildings shall be apportioned to the relevant properties in accordance with the proportion of the construction area. Among them, the expenses to be shared by the after-sales public housing shall be shared by the relevant owners and public housing sales units in accordance with the proportion of the special residential maintenance funds deposited.
Where the maintenance, renewal or renovation of the common parts of the dwelling or the common facilities and equipment involves unsold commercial housing, non-residential or public housing, the development and construction unit or public housing unit shall share the cost of maintenance, renewal and renovation according to the floor area of the unsold commercial housing or public housing.
This type of fund can only be applied for after there is a problem with the quality of the house, and it needs to be agreed by the majority of the entire building and the relevant application form must be written. Apply to the housing maintenance management department in our country. This kind of department will investigate the actual situation of the house, and if the conditions are met, such repairs can be issued** for repair.
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The financial department of the property service enterprise shall, in accordance with the relevant regulations, be specifically responsible for the monitoring of the special maintenance funds of the property.
The special maintenance fund for the common parts of the house refers to the funds specially used for the overhaul, medium repair, renewal and transformation of the common parts of the house. The common parts of the house refer to the load-bearing structural parts (including floors, roofs, beams, columns, internal and external walls and foundations, etc.), external walls, stairwells, corridors, halls, garages, etc. The special maintenance fund for common facilities and equipment refers to the funds specially used for the overhaul, medium repair, renewal and transformation of common facilities and common equipment.
Common facilities and equipment refer to the common water supply and water pipes, public water tanks, pressurized water pumps, elevators, public antennas, power supply trunks, shared lighting, heating trunks, fire fighting facilities, roads, street lights, ditches, pools, wells, outdoor parking lots, swimming pools, various stadiums, etc. in residential areas.
Article 54 of the "Property Management Regulations" stipulates that the owners of residential properties, non-residential properties in residential communities or non-residential properties connected to the structure of a single residential building shall pay special maintenance funds in accordance with the relevant provisions of the state. The special maintenance funds belong to the owner, and are specially used for the maintenance, renewal and transformation of the common parts of the property and the common facilities and equipment after the expiration of the property warranty period, and shall not be diverted for other purposes.
Property management service enterprises shall stipulate the management and use of special maintenance funds for property management in the property management service contract. Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department in conjunction with the financial department.
1. Is it the responsibility of the owner of the car to fall off and hit the car on the exterior wall of the community?
Nowadays, commercial houses have a certain warranty period, generally within five years. If there is a problem with the quality of the work, and the façade of the complex falls off, then the developer can be responsible. If there is an accident that injures someone, it should also be compensated by the developer.
2) If the warranty period has passed, the owners of the community have paid the property management fee on time, and have also paid the maintenance**, at this time, you can reflect to the property company, and the property company will apply for maintenance**. If two-thirds of the owners of a community agree, then repairs can be used**.
3) If you don't pay the property management fee and don't pay the maintenance**, it's some old community, and then it should be borne by the residents of the whole building. If compensation is required, it should also be divided equally among all households.
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