The conditions for the use of the maintenance fund, the conditions and scope of the use of the maint

The conditions for the use of maintenance ** must adhere to the provisions of the special fund. Maintenance** belongs to all owners, so it can only be used for the maintenance of public parts in the special community; The scope of use of repairs** includes; Elevators, antennas, street lights, fire protection facilities, green spaces, roads, ditches, pools, wells, non-operating parking garages, public welfare cultural and sports facilities, garbage bins, garbage channels, septic tanks, smoke exhaust channels, lightning protection devices, fire-fighting appliances, fire hydrants, drainage pipes, manholes, prescribed signs, building intelligent systems (including security systems), fire control systems and other facilities and houses used by shared facilities and equipment.

First, the maintenance ** is used up.

After the maintenance ** is used up, it should be renewed by all the owners of the community, and the specific plan shall be subject to the formulation of the owners' committee; If the community is to set up an owners' committee, the renewal plan should be jointly negotiated and formulated by the construction department, the finance department and other ** management departments. Community maintenance** is generally paid by all owners when the community is established, as long as the community is damaged, the community maintenance ** can be used for maintenance.

Second, the role of housing maintenance.

Housing maintenance** is newly called the special residential maintenance fund, which actually includes the special use of housing utilities** and the maintenance of the house itself**. It is a special fund for the renewal, maintenance and renovation of the common parts of the residence or the common facilities and equipment, which each owner needs to pay. For example, a house, like a person, can get sick.

The special maintenance fund for housing is the "pension money" of the house, which is related to the sense of security and happiness of our residence. The principle of "money goes with the house" is implemented, and when the house is transferred, the balance of funds in the account is also transferred to the new owner of the house.

Under normal circumstances, the housing maintenance** is managed by the real estate administrative authority, and after the establishment of the owners' committee, the public maintenance** will be transferred to the owners' committee, and the owners' committee will exercise management powers.

1. The maintenance fund can only be used when the public parts, common facilities and equipment of the property are repaired and updated after the expiration of the warranty period. Specific owners share the proportion of expenses according to the criteria for determining voting rights.

2. When the maintenance funds are idle, they are prohibited from being diverted for other purposes except for the purchase of treasury bonds or risk-free financial management.

Payment of funds. The proportion of maintenance funds shall be paid to the commercial bank designated by the real estate department of the city where the property is located according to the standard of 2% to 3% of the total house price or 100 to 200 yuan per square meter when the buyer purchases the house from the developer and handles the transfer of property rights. The specific collection standards for maintenance funds shall be determined by the local real estate administrative departments according to local conditions.

[Legal Analysis].The conditions and scope of the use of the Civil Code of the People's Republic of China are: 1. As long as the owner "doubles over 2 3 to participate in voting", the difficulty of change from "consent" to "participation in voting" is significantly reduced, and the voting threshold for matters that need to be decided jointly is reduced.

2. To use the voting threshold of maintenance, it is necessary for the owners participating in the voting to "agree with more than half of the two". The threshold for the use of maintenance funds is lowered, and in fact, only the consent of all owners 1 3 (i.e. 2 3 1 2) is required. 3. In case of emergency, you can directly apply for the use of maintenance funds.

According to the new regulations, in the event of serious situations such as damage to high-rise elevators and roof leakage, the owners' meeting or the owners' committee can directly apply for the use of maintenance funds to repair the elevator.

[Legal basis].Article 278 of the Civil Code of the People's Republic of China The following matters shall be jointly decided by the owners: (1) to formulate and revise the rules of procedure of the owners' general meeting; (2) Formulating and revising management regulations; (3) Elect the owners' committee or replace the members of the owners' committee; (D) the selection and dismissal of property service enterprises or other managers; (E) the use of funds for the maintenance of buildings and their ancillary facilities; (6) Raising funds for the maintenance of buildings and their ancillary facilities; (7) Reconstructing or reconstructing buildings and their ancillary facilities; (8) Changing the use of the common part or using the common part to engage in business activities; (9) Other major matters related to co-ownership and co-management rights.

Matters jointly decided by the owners shall be voted on by the owners of the exclusive part accounting for more than two-thirds of the area and the number of owners accounting for more than two-thirds. Decisions on the matters provided for in items 6 through 8 of the preceding paragraph shall be made with the consent of more than three-quarters of the owners of the exclusive portion of the voting area and more than three-quarters of the owners participating in the voting. Decisions on other matters in the preceding paragraph shall be made with the consent of more than half of the owners of the area of the exclusive part of the voting and more than half of the owners participating in the voting.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

1. The special maintenance project is fully collected in place, and the maintenance project is in line with the scope of maintenance; 2. The warranty period of public parts and public facilities and equipment expires; 3. If the property management area or all the owners are involved, it has been approved in writing by the general meeting of owners, and the consent of the owners of the exclusive part accounting for more than 2 3 of the total area of the building and more than 2 3 of the total number of owners. Article 3 of the Measures for the Management of Special Residential Maintenance Funds refers to the common parts of the dwelling in accordance with laws, regulations and housing sales contracts, which are shared by the owners of a single dwelling or the owners of a single dwelling and the non-residential owners connected to its structure, generally including: the foundation, load-bearing walls, columns, beams, floors, roofs and outdoor walls, halls, stairwells, corridors, etc.

The term "common facilities and equipment" in these measures refers to the ancillary facilities and equipment shared by residential owners or residential owners and relevant non-residential owners in accordance with laws, regulations and housing sales contracts, generally including elevators, antennas, lighting, fire protection facilities, green spaces, roads, street lights, ditches, pools, wells, non-operating parking garages, public welfare cultural and sports facilities and houses used by common facilities and equipment.

1. The roof is waterproof, the insulation layer is damaged or leaking.

2. Rainwater leakage occurs on the outer wall of the building, causing the inner surface of the external wall to be wet.

3. There is leakage and water accumulation in the basement.

4. Cracks, falling off or hollowing out of the decorative layer of the external wall of the building exceed the specified value of the corresponding national standards and specifications.

5. The insulation layer of the building is damaged or falls off, or the inner surface of the external wall is damp, condensed, frosted or mildewed due to poor building insulation.

6. Cracking, rust stains, blistering, warping, peeling, and pollution of the exterior walls, stairwells, and public corridors.

7. Window sills, porch eaves, stair treads and handrails, maintenance walls, courtyard doors, etc. in common areas are damaged.

8. Doors and windows or window screens in public areas are generally damaged.

Who manages home repairs**?

According to the Measures for the Administration of Special Residential Maintenance Funds, which came into effect on February 1, 2008, the public maintenance fund is paid by all owners and is jointly owned by all owners. Under normal circumstances, the maintenance ** is supervised and established by the real estate management department where the property is located, and is managed and used by the property management company. After the establishment of the Owners' Committee, the Public Maintenance Fund will be transferred to the Owners' Committee, which will exercise the management rights.

The owners' committee shall go to the commercial bank designated by the real estate department to set up a special account for the maintenance of the property, and report the account to the real estate administrative department for the record, which is the situation of all the maintenance paid by the owner within the scope of the property. This account may only be used for the storage and management of repairs** and may not be diverted for other purposes. The bank also sets up a separate account for each owner to show the use and retention of all repairs** of the owner.

The use and replenishment of repairs** is subject to the resolution of the general meeting of owners.

What is the scope of use for repairs**?

The scope of use of maintenance ** mainly includes the public parts of the community and common facilities and equipment. Specifically, the common parts of the Zen pants refer to the parts shared by the owners of a single house or the owners of a single house and the non-residential owners connected to the structure, including: the foundation, load-bearing walls, columns, beams, floors, roofs and outdoor walls, halls, stairwells, corridors, etc.

The common facilities and equipment generally include elevators, antennas, lighting, fire protection facilities, green spaces, roads, street lights, ditches, pools, wells, non-operating parking garages, public welfare cultural and sports facilities, and houses used by common facilities and equipment.

1. Conditions for the use of housing maintenance: The use of housing maintenance must account for more than two-thirds of the total area of the building and more than two-thirds of the total number of owners agree, that is, the so-called "double 2 3 principle", and then report to the housing management department for filing and review, and can be withdrawn and used after passing.

2. The scope of use of housing maintenance: mainly including the public parts of the community and common facilities and equipment. Specifically, the common part refers to the part shared by the owners of a single dwelling or the owners of a single dwelling and the non-residential owners connected to it, including the foundation, load-bearing walls, columns, beams, floors, roofs, outdoor walls, foyers, stairwells, corridors, etc.

Common facilities and equipment generally include elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lights, ditches, pools, wells, non-operating parking lots or garages, public welfare cultural and sports facilities, and houses used by common facilities and equipment.

1. The property management enterprise clearly proposes to use it according to the status of the proposed maintenance and renovation project; Housing without a property management enterprise shall be made clear by the owners of the relevant communities.

make a fair use offer;

2. More than two-thirds of the total number of owners** passed;

3. The property management company or the relevant community owner organization implements the opinions;

4. The property management enterprise or the relevant owner shall apply for pre-tax expenditure to the construction authority of the city's ** department;

5. After the construction authority has passed the examination and approval, it shall send a notice of allocation of housing maintenance funds to the special deposit account management bank;

6. The special deposit account management bank will allocate the required housing maintenance funds to the maintenance unit.

Maintenance ** is a "pension" of the house that needs to be paid after buying a house, and the house can be applied for use if the conditions are met, so what are the conditions and scope of the use of maintenance **?

Conditions: 1. The maintenance project belongs to the maintenance scope of the maintenance fund and has exceeded the warranty period.

2. The property area has opened a maintenance fund account, and there is a balance in the account. If the balance is insufficient or the owner has not deposited the maintenance funds within the scope of expenditure, the applicant has clarified the subject of the deficiency or the supplementary plan and promised to implement it in place.

3. If the above conditions are met, and the owners of the exclusive part within the scope of expenditure accounting for more than two-thirds of the total area of the building and accounting for more than two-thirds of the total number of people (referred to as "two-thirds") vote and agree (except for emergency maintenance), you can apply for the use of maintenance funds.

Scope: 1. Scope of maintenance, renewal and renovation of the common parts of the residence:

1) The waterproof layer of the roof is damaged, and the top room is leaking;

2. Rainwater leakage occurs on the outer wall of the building, causing the inner surface of the external wall to be wet.

3) Cracks, falling off or hollowing out of the decorative layer of the external wall of the building exceeds the specified value of the corresponding national standards and specifications;

4) The insulation layer of the building is damaged or falls off, or the inner surface of the exterior wall is damp, condensed, frosted or mildewed due to poor building insulation;

5) Cracking, rust, blistering, warping, falling off and pollution of the exterior wall, stairwell and public corridor finishing layer;

6) Damage to window sills, porch eaves, stair treads and handrails, maintenance walls, courtyard doors, etc. in public areas;

7) Doors, windows or window screens in public areas are damaged;

8) Other situations where the common parts of the dwelling need to be repaired, renewed, or renovated.

2. The scope of maintenance, renewal and renovation of residential common facilities and equipment includes:

1) Maintenance or replacement of elevators and main components;

2) The lightning protection facilities cannot meet the safety requirements;

3) The monitoring facilities and fire protection system are dysfunctional, or some equipment and components are seriously damaged;

4) The drainage (sewage) equipment in the building is faulty, the drainage pipe is leaking or corroded, the sewage pump is corroded or other equipment is damaged;

5) Damage to secondary water supply facilities such as water tanks and pump rooms that need to be repaired, updated or renovated, except for those that shall be borne by the water supply enterprise in accordance with the law or in accordance with the contract;

6) Other situations where residential common facilities and equipment need to be repaired, updated or renovated.