Study On Maintenance Fund System Of Real Estate

Maintenance Fund refers to the money regulated by law and submit from the house-owners, which specially used for real-estate's conjunct parts and facilities in common after expiration of guarantee. It is of great significance for security of the apartments,for keeping and boosting real-estate's utilization,for ensuring preservation of its value, and so on.This paper's primary part briefly introduces some related concepts of the Maintenance Fund system of Real Estate and it in China. Then the second part inspects the Maintenance Fund system in USA,in Singapore,in Taiwan and in Hong Kong, combined with brief appreciation ; it indicates its three characteristics as well. The third part analyzes earnestly some major legal problems, such as disunity of the Maintenance Fund's denomination and connotation in legislation,the dispute about the Maintenance Fund's legal attribute,making false use of the Fund during its management,the issue regard to preserving and increasing the Fund's value,the legal relationship between the Fund and fortune insurance. At last, some penetrating analyses are made aiming directly at the Maintenance Fund system, and the constructive proposals in six aspects are raised with respect to setting up and consummating the Maintenance Fund system related of Real Estate,legal mechanism of house-owners corporation's autonomy administration concerning the Maintenance Fund system.