Should the maintenance fund be paid back when it is used up?
This is the difficulty and historical legacy of current community management. There are no clear laws and regulations to clarify whether maintenance funds should be paid. The main situation at present is as follows.
1. Generally, there is no unpaid maintenance fund in newly-built commercial housing communities;
2. Demolition and resettlement houses, low-rent housing, etc. No title certificate or no title certificate at that time. When a property is converted into an ordinary commercial house, it is generally necessary to pay maintenance funds;
3. The old commercial housing community with historical problems did not pay maintenance funds because the laws and regulations at that time did not stipulate that maintenance funds must be paid. At present, government departments generally coordinate the part paid by developers, and the part unpaid by residents is generally not recovered;
4. If the maintenance funds of Laozhangren's residential area are not in place, the same as 3. Generally, the development unit of the old man's house community (many husbands' houses were built by state-owned enterprises or collective enterprises and distributed to employees) will solve the unpaid maintenance funds, and some individuals will not recover them;
5. There is still a problem. Due to the early development time, low housing prices and current inflation, the original maintenance funds are insufficient, which has a great impact on community maintenance. At present, in view of this situation, the legal level (property law, local property management regulations, etc. ) guide the owner to raise maintenance funds again, but no successful cases have been seen in practice.
What is the maintenance fund payment standard 20 19?
According to Decree No.2004 of Ministry of Construction and Ministry of Finance. 165 measures for the administration of special maintenance funds for residential buildings;
1. The owners of commercial housing and non-residential housing shall deposit special housing maintenance funds according to the construction area of their own property, and the amount of the first special housing maintenance funds deposited per square meter of construction area is 5% to 8% of the local housing construction and installation project cost per square meter.
2. The competent departments of construction (real estate) of the people's governments of municipalities directly under the central government, cities and counties shall, according to the local conditions, reasonably determine and publish the amount of the first-phase special maintenance funds deposited per square meter of construction area, and make timely adjustments.
3, the sale of public housing, residential special maintenance funds deposited in accordance with the following provisions:
(1) The owner shall deposit the residential special maintenance fund according to the construction area of the property owned, and the amount of the first residential special maintenance fund deposited per square meter of construction area shall be 2% of the local housing reform cost price.
(two) units selling houses shall, in accordance with the proportion of multi-storey residential buildings and high-rise residential buildings, not less than 20% and 30% respectively, extract special maintenance funds from houses.