From The Law Conflicts Of The First Case In Guangdong Province To Look At The Management System Of Repair Funds In China

In 2008, "common parts of residential repair fund management approach" began to implement in our country, which has changed the norms of different legal questions in the repair of funds on the situation of long-standing conflicts, but also effectively address the maintenance funds to pay the principal, use, management of a series of questions, but it does not have retroactive effect, the existence of the repair funds over the past arrears, embezzlement and other problems have yet to be explored further. In this paper, through analysis of the first case of Guangdong maintenance fund, I Point out the settlement to historical question . By the contrast of old and new approach, I point out a new approach to improve. But there is still one shortcoming to be improved. The full text is divided into five sections:Partâ… : I describe the case of the first capital of Guangdong repair . I analyze the controversial and the legal issues of the case. During three years, the case has experienced a series of second instance proceedings. The same court has even made conflicting rulings, which fully reflects the trouble caused by the conflict of laws, which leads to discussion about funds to be paid in the repair problem.Partâ…¡: This part mainly analyzes the payment question of repair fund. First I analyze the need to pay capital repair. Building repair funds, as the "old age" of building, plays a decisive role in the normal use of buildings and maintenance. However, in the past law, there are different situation inconsistencies between the provisions and disagreement who should pay the fund ,the developer or the owners? After the enforcement of the new "measures", this situation has changed greatly. It specifies the owner should pay the fund .Meanwhile, it also demands the owner should pay the first fund into residential housing repair funds special account. It sets the time to pay the repair funds, and then points out the continued maintenance of capital standards and ways to pay. Finally, it focuses the existing problem in payment of maintenance funds.Partâ…¢: Collection funds are not the ultimate aim but to implement in use. This section analyzes under which circumstances and where fund can be used. Then I discuss process of using repair funds which is different after owners' committee .At last, I analyze the question existing in the use of repair funds, which lays foundation for the last part. Partâ…£: After talking about use and payment of the repair funds, the part mainly analyzes management of repair fund. Firstly, I list three kinds of management models and then analyze advantage and weaknesses of each. Meanwhile I explain inadequacies existing in the new "system".Partâ…¤: This part mainly involves existing questions of payment, use, management in the repair funds proposed in the previous parts. Then I give advice on how to solve them. Prohibit the developers to collect maintenance funds; Household accounts should be set up to settle questions of the difficulty in the use of funds. I also give some advice on how to improve other problems in use and management.