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Sleeping house maintenance: a lot of housing "should not be repaired"

Author:   Frpm:   Time:2017-06-13  
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This summer, the country suffered heavy rain and many houses were damaged. In the face of water leakage, elevator failure, public facilities and equipment damage, the special maintenance funds for the housing will be used. What is the use of the money? How to better use it?

There is a widespread financial difficulty

Residential special maintenance fund, popular is the house "cure money". China's property law stipulates that the maintenance funds for buildings and their affiliated facilities are owned by the owners and are jointly decided by the owners to be used for maintenance of the elevators, water tanks and other common parts.

But more residential elevator from the failure to repair time consuming more than eight months, because almost half of the owner does not agree, some area elevator maintenance stranded for nearly one year, some property company manager work for 10 years only two successful start the funds... Many of the homes "should be unrepaired" or not repaired, and some local residential maintenance funds are still sleeping in bank accounts.

Difficult to use is because of difficulty. In accordance with relevant provisions of the law, decided to raise and use of maintenance funds of the building and affiliated facilities thereof, shall be subject to the owners with exclusive parts accounting for more than two-thirds of the total area of the building the consent of the more than two-thirds of the total. "Two two-thirds of the indicators is difficult to operate. Part of the owner's enthusiasm is not high, participate in public affairs' things have nothing 'phenomenon is more prominent. There are some owner does not live in the local, difficult to book signing on face to face." "Said wang, manager of a property company in haidian district, Beijing.

Difficulties in support are also affected by other factors. According to the Chinese people's university professor jun-hai liu, special maintenance funds be co-owned by the owners of property, property management companies should start according to the regulation mechanism of the owners' committee and hold the owners' congress, guarantee the information transparency, consent of the owner of the trust and further.

We have visited several small communities in Beijing, and found that only a few communities have formed the owners' committee, and the owners have said that they have never participated in the owner's congress. This has led to a lack of transparency in the use of the money, and many owners fear that the money has been misappropriated, increasing the resistance to capital use.

In addition, wang also revealed that some real estate enterprises failed to fully deposit their collection of housing maintenance funds, and the paper was not timely. The housing information was entered incorrectly, resulting in the failure to check; During the registration of residential transfer, the balance of maintenance funds and the management of the transfer of funds are not in place, which further increases the difficulty of capital withdrawal and use.

Some cities take "special task"

In order to solve the problem of low utilization of special maintenance funds and poor support, emergency policies have been formulated in many cities nationwide. , for example, Beijing established emergency use residential special maintenance funds policy, if there is an elevator fault and endanger the personal safety of emergency, the consent without two-thirds, maintenance funds the fastest time of 48 hours to the account, but should be in advance to inform the owner; Zhejiang province issued relevant regulations, after the housing maintenance plan is public, as long as the owner in the building does not exceed 1/3 of the owner written objections, it is considered public consent.

With the introduction of relevant policies, the use of special maintenance funds has been improved. Beijing housing fund management center issued on August 8 this year "Beijing commodity residential special maintenance funds collection usage report in 2015, according to Beijing every year the use of funds of the maintenance has increased from 2010 2010 5000 yuan to 613 million yuan last year, only emergency maintenance to use 200 million multivariate. "This is a reflection of the increased efficiency of government work, especially in the case of emergency. But this is a special emergency policy." "Liu said.

"Although emergency maintenance, but also should improve the matter and afterwards supervision. The crux of the problem is that the government to the community of building management, is not to say that the decentralization to the owner, the owner will be used, but the education guide property management companies and owners use in accordance with the law." Zhang dongguang, lawyer of Beijing yourong law firm, said.

The fundamental policy is owner autonomy

Many experts suggest that can give some to assemble in residential maintenance funds "pool", unite by the bureaus in allocating funds, regularly every year to the city property management for repair, and strictly business accounting. At the same time, the appropriate "spending" mechanism should be established, and the relevant departments should urge renovations for substandard community facilities, so that funds can be used with initiative.

"Agent in my case, a lot of positive exercise right after the industry authority set up, take back the co-owned by the owners of property management USES a room, the area of parking management, etc. Without the owners' committee, it's hard to do the above items, let alone hold owner congress for a vote drawn on residential special maintenance funds." Zhang Dongguang introduction, "in practice, because want to prophase realty service provided by developers, property unit is usually a subsidiary, developers are strong relative to the owner, property company based on its own interests are usually unwilling to owner to set up a business committee."

"Strengthening the management of the maintenance fund, the key is to promote the establishment of the owners' committee as soon as possible to realize the autonomy of the owners." Mr Lau suggested that property management companies should activate the owners' committee and the owners' meeting mechanism by regulation. This is advantageous to the owner on the one hand through the transparent platform for communication between, on the other hand, is advantageous for the owner to supervise the property management company related work, to ensure that the residential special maintenance funds are not to abuse and misuse.

In view of the changes on proportion of problem through legislation, Zhang Dongguang believes that the Internet era, government departments take the initiative to help the owner to build the owners' committee, and through the network voting system, can reduce the cost of a vote. "For emergency maintenance projects, we can try to by the government to set up the special account payment first, and then recover from the public maintenance fund; or a lawsuit mechanism, owner of litigation rights, after the win, can directly use the maintenance fund. These can be than through legislative changes on proportion of more efficient to solve the problem."

Experts also suggested that the property management company should improve efficiency, encounter problems such as home improvement, timely notification and consultation through WeChat group, and timing of the public residential special maintenance fund balance and the use of subsidiary, ensure the safety of fund use transparent. Relevant government departments should further strengthen supervision to ensure the safety and rationalization of special funds.

Special maintenance funds for residential buildings refer to the funds for maintenance and renewal after the expiration of the warranty period for the common parts and facilities of the common facilities.

Commodity residential house owner, the owner of non-residential in accordance with the architectural area of the owned property deposit of residential special maintenance funds, per square meter building area of the amount of deposit of the first residential special maintenance funds for local residential building installation project cost per square meter of 5% to 8%. The competent authorities of the people's governments of the municipalities directly under the central government, cities and counties shall, in accordance with the conditions of the region, adjust accordingly.

Appropriate residential special maintenance funds, by the local people's governments at or above the county level construction (real estate) department in charge of recovering misappropriate the residential special maintenance funds, confiscate the illegal income derived therefrom and may concurrently be misappropriation of 2 times the amount of fine; If the case constitutes a crime, the criminal responsibility of directly responsible persons and other persons directly responsible shall be investigated in accordance with the law. If the property service enterprise misappropriates the special maintenance funds for the residence, the circumstances are serious, and the qualification certificate shall be revoked by the department that issued the certificate of qualification in addition to the punishment prescribed in the preceding paragraph.


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