The Research On Legal Problem Of The Residential Area Maintenance Funds

The residential special maintenance funds is generally regarded as the house’s"pension" or "insurance", mainly used for common parts, common facilities ofresidential area on its repairing, updating, and transformation, to a nation’s residential areawhich is concerned, the residential special maintenance funds system’s establishment to ownernot only means that right safeguard, also means that the residential area have value and couldbe added value, it can be said that its existence is a guarantee for the owners in the residentialarea live harmoniously, and becomes an important part to the surviving of the residential area.But in the current circumstances, our legislative level of the residential special maintenancefunds law system is too low, the collection, use and management regulations exist on this partis not perfect, in addition to the residential special maintenance funds supervision do notmatch the powers and responsibilities, leading to a result that many owners complain thefunds is hard to summarize, its use is inconvenience, and the supervision is neglected. Theowners are not only to be a long-term "mortgage slave", even the loans are paid to an end,they may face an embarrassing situation that their houses and its supporting facilitiesequipment can’t get normal maintenance, deposit of residential special maintenance capitalcan’t get a reasonable effective use. Because China has a large population, house reforminggets a further development and the expansion of the residential area goes very rapidly, but thecorresponding to the relevant legislation in China is relatively lags behind, and the rights andobligations of the configuration in the legislation has occurred not in a balance, in the existingsystem vulnerability which against residential area maintenance funds made the conflictingcan’t be solved, even if later the law have been corrected relatively, it still can’t completelysolve the problems left over by history. This paper will turn back to the generation of theresidential special maintenance funds legal system, and analyzes the nature of law and thelegal relationship which exists in it, comb the relevant legislation of the residential specialmaintenance funds and evaluate them, find out the deficiency of the current legislation, andthen list the practical problems which are the results of the provisions of the rights andobligations are not completely matching in the residential special maintenance funds legalsystem, and associate the legislation and practical problems together, to draw on the foreignexperience of residential maintenance, and sum up some cities’ experience in our country, finally find out a way that can make rights and obligations of the interested parties go to aperfect balance in the residential special maintenance funds system, and fully guarantee therealization of the rights of every parties, and solve the actual problems in the residentialspecial maintenance funds system effectively.