Article 1 In order to implement the "Notice of the State Council on Further Deepening the Reform of Urban Housing System and Accelerating Housing Construction" (Guo Fa [1998] No. 23), ensure the maintenance and management of after-sales housing, and safeguard the common interests of housing property owners and users, formulate this method.

Article 2 Within the scope of municipalities, municipalities, towns, and industrial and mining areas without towns, newly built commercial housing (including affordable housing, hereinafter referred to as "commercial housing") and public housing after the sale of common parts, common facilities and equipment maintenance The management of funds shall be governed by these Measures. The term "public housing" as mentioned in these Measures refers to the public housing sold to individuals in the process of housing system reform and demolition and resettlement.

Article 3 The common parts mentioned in these Measures refer to the main load-bearing structural parts of the residence (including foundations, internal and external load-bearing walls, columns, beams, floors, roofs, etc.), outdoor walls, halls, stairwells, corridors, etc. Shared facilities and equipment refer to the common upper and lower water pipes, downspouts, water tanks, pressurized water pumps, elevators, antennas, power lines, lighting, boilers, heating lines, Gas lines, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating car parks and garages, public welfare cultural and sports facilities and houses used for shared facilities and equipment, etc.

Article 4 After the commercial housing and public housing are sold, a maintenance fund (hereinafter referred to as "maintenance fund") for the common parts of the house and common facilities and equipment shall be established. The maintenance fund shall be used in accordance with the Regulations on Financial Management of Property Management Enterprises (Ministry of Finance Cai Ji Zi [1998] No. 7), and it is specially used for overhaul, renewal and renovation after the expiration of the warranty period of the shared parts of the house and shared facilities and equipment.

Article 5 When commercial housing is being sold, the house buyer and the house seller shall sign an agreement on the payment of maintenance funds. The purchaser shall pay the maintenance fund to the selling unit at the rate of 2%-3% of the purchase price. The maintenance base metals collected by the selling unit on their behalf are jointly owned by all the owners and are not included in the income from residential sales. The proportion of maintenance fund collection shall be determined by the real estate administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government.

Article 6 The maintenance fund for after-sale public housing comes from two parts:

1. The selling unit shall withdraw from the selling price according to a certain proportion. In principle, the multi-storey residence shall not be less than 20% of the selling price, and the high-rise residential building shall not be less than 30% of the selling price. This part is owned by the base metal sales unit.

2. The purchaser shall pay the maintenance fund to the selling unit at a rate of 2% of the purchase price. The maintenance base metals collected by the selling unit on their behalf are jointly owned by all the owners and are not included in the income from residential sales. The specific measures for the management and use of after-sales maintenance funds for public housing shall be jointly formulated by the municipal and county financial departments and the real estate administrative department, and shall be implemented after being approved by the local people's government.

Article 7 The maintenance fund shall be stored in a special bank account, and the special funds shall be used exclusively. In order to ensure the safety of the maintenance fund, when the maintenance fund is idle, it is strictly prohibited to use it for other purposes, except for the purchase of national debt or for other purposes specified by laws and regulations. The detailed households of the maintenance fund are generally set up as single houses, and the specific measures shall be formulated by the municipal and county real estate administrative departments.

Article 8 The maintenance fund shall accrue interest according to regulations from the date when it is deposited into the maintenance fund special account. The net interest income of the maintenance fund is transferred to the rollover use and management of the maintenance fund.

Article 9 When the owner applies for the house ownership certificate, the commercial housing sales unit shall hand over the maintenance fund collected on behalf of the local real estate administrative department for custody.

Article 10 After the establishment of the owners' committee, with the consent of the owners' committee, the real estate administrative department will transfer the maintenance fund to the property management enterprise for escrow. The maintenance fund managed by the property management enterprise shall be regularly inspected and supervised by the owners' committee.

Article 11 Before the establishment of the owners' committee, the use of the maintenance fund shall be proposed by the selling unit or the management unit entrusted by the selling unit, and allocated after being reviewed by the local real estate administrative department. After the establishment of the owners' committee, the use of the maintenance fund shall be put forward by the property management enterprise and implemented after the approval of the owners' committee. When the maintenance fund is insufficient, the local real estate administrative department or the owners' committee shall decide upon the study and decide, and the funds shall be renewed to the owner according to the proportion of the residential construction area occupied by the owner. The specific measures shall be formulated by the municipal and county people's governments.

Article 12 When the property management enterprise is changed, the account transfer procedure shall be completed after the maintenance fund account under its escrow has been examined and verified by the owners' committee. The account transfer procedures shall be submitted to the local real estate administrative department and the owners' committee for the record within ten days from the date of signature and seal by both parties.

Article 13 When the owner transfers the ownership of the house, the remaining maintenance fund will not be returned, and will be transferred together with the ownership of the house.

Article 14 If the house is lost due to house demolition or other reasons, the maintenance fund escrow unit shall return the book balance of the maintenance fund to the owner according to the proportion paid by the owner.

Article 15 The real estate administrative departments and financial departments at all levels are responsible for guiding, coordinating and supervising the management and use of maintenance funds. The municipal and county financial departments and real estate administrative departments shall formulate the management system for the approval of the maintenance fund use plan, the management system for financial budget and final accounts, the audit supervision system, and the owner's inquiry and account reconciliation system.

Article 16 In case of disputes over maintenance funds between owners or users, property management enterprises, and development and construction units, the parties may resolve it through negotiation and coordination. Court sued.

Article 17 If the public housing sales unit fails to withdraw the maintenance fund in full according to the provisions of these Measures, the financial department and the real estate administrative department shall order it to make up the principal and interest of the maintenance fund within a time limit; if it is still insufficient to withdraw within the time limit, it shall be punished by self-drawing A daily fine of 3/10,000 of the amount not withdrawn from the date of withdrawal.

Article 18 If the maintenance fund escrow unit violates the provisions of these Measures, misappropriates the maintenance fund or causes the loss of the maintenance fund, the local financial department and the real estate administrative department shall deal with it according to the regulations. If the circumstances are serious, the directly responsible personnel and leading personnel shall be investigated for administrative responsibility; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 19 Before the implementation of these measures, if commercial housing and public housing are sold without establishing maintenance funds or the establishment standards of maintenance funds are lower than those stipulated in these measures, the local real estate administrative department and financial department shall formulate, establish or supplement in accordance with the provisions of these measures. Specific measures for maintenance funds.

Article 20 The financial management of the maintenance fund after the sale of public housing shall be implemented in accordance with the relevant regulations of the Ministry of Finance.

Article 21 The real estate administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, together with the financial departments, may formulate detailed implementation rules in accordance with these Measures. Article 22 The management of the maintenance fund for non-residential commercial buildings may be implemented with reference to these Measures.

Article 23 The Ministry of Construction is responsible for the interpretation of these measures.

Article 24 These Measures shall be implemented from January 1, 1999. If the original relevant policies and regulations are inconsistent with these measures, these measures shall prevail.

Notice on Defining the Specific Scope of Houses, Self-Used Parts, Self-Used Equipment, Shared Parts, Shared Equipment and Shared Facilities in Residential Areas

Real estate administrations of all cities and states, and relevant units directly under the provincial government:

According to Article 38 of the Regulations on Property Management of Urban Residential Areas in Hunan Province, the specific scope of houses, self-use parts, self-use equipment, shared parts, shared equipment and shared facilities in residential areas is now defined as follows, please follow and implement:

1. Houses, including self-use parts, self-use equipment and shared parts and shared equipment of houses.

2. Self-use parts refer to the parts of a house, such as bedrooms, living rooms, kitchens, bathrooms, balconies, gardens and their interior walls, which are used by the owners and users themselves.

3. Self-use equipment refers to a set of equipment such as doors and windows, sanitary ware and water supply, drainage, gas pipelines, central air conditioning, heating pipelines and lines leading to the main pipe that are used by the owner and the user in a house.

4. Common parts refer to the halls, stairwells, pump rooms, meter rooms, pipeline wells, elevator shafts, elevator vestibules, boiler rooms, power generation rooms, power distribution rooms, Line distribution room, elevator machine room, corridor passage, communication room, inner patio, house load-bearing structure (including house foundation, load-bearing wall, beam column, floor, roof, etc.), outdoor wall and other parts.

5. Shared equipment refers to the water supply pipes, drainage pipes, downpipes, lighting fixtures, garbage passages, TV antennas, various lines, water tanks, water pumps, elevators, boilers, power generation, etc. used by the owners and users in a house. Machines, power distribution systems, central air conditioning, heating pipes, security doors, building intercom systems, postal mail boxes (groups), lightning protection devices, fire-fighting appliances and other equipment.

6. Shared facilities refer to roads, venues, fountains, sculptures, sketches, tables, chairs, benches, green spaces, flowers and trees, parking garages, lighting street lamps, cultural and sports equipment used by the owners and users in the residential area. (including various sports equipment, publicity boards, broadcasting and background music facilities, etc.), lines connecting the interior of the house, water supply pipes, drainage pipes and wells, septic tanks, garbage bins (rooms), water supply rooms, power distribution rooms and Community gatehouse, fence, monitoring and alarm system, vehicle entry and exit management system and other facilities.