Research On Legal Issues For Emergency Use Of Residential Special Maintenance Funds

The residential special maintenance fund is specially used for residential common parts and common facilities maintenance, renewal and transformation, is the "pension" of the building, related to the normal use of personal housing. Along with the advancement of China’s urban housing system reform, people’s living environment has been progressively improved. In improving the living environment at the same time, sharing part residential district, shared facilities and equipment maintee funds. renewal and transformation issues have begun to attract attention, especially in terms of maintenance funds for emergency use.With the residential quarters built and put into use more and more time, within the residential housing common parts and common facilities began to enter into the maintenance period, the need for its use and maintenance funds for maintenance, renewal and transformation. Currently the country has a huge amount of imputation residential special maintenance funds, the estimated total amount has been more than one trillion yuan. However, it is extremely low utilization of the funds, the overall utilization of the country less than 1%. When the district’s maintenance funds use in time of need, often find it difficult to apply for funds to repair a "emergency situation." Such status will hit owners to use maintenance funds enthusiasm, affect the safety of the rational use of maintenance funds.Our system of residential special maintenance funds established since the eighties now, after a series of development. From the earliest "city different production houses adjoining regulations" to "residential common parts and common facilities maintenance fund management approach" to "Property Management Regulations", "Property Law", until "residential special maintenance fund management approach", from the initial immature imperfect now gradually matured, and began to form a relatively complete system.In the course of our residential special maintenance funds for use in an emergency, some problems need to be resolved. The primary problem is that the "emergency situation" of that rule is unknown. For the "emergency" of the specific scope, finds the body and whether the burst of force majeure "emergency", the existing legal provisions are not clearly defined. For the "emergency" to use the program, the existing regulations are too cumbersome lack of maneuverability, and the lack of related implementation rules provide specific guidance. In real life, many homeowners on the nature and function of the lack of maintenance funds necessary to recognize the role it has played a limited self-government organization, which is also in the process of maintenance funds for emergency use should pay attention to the problem.In order to ensure the safety of residential special maintenance funds, the effective use and maintenance of the normal order of life residents need to be perfect for the maintenance of the existing system of funds for emergency use. First of all to improve the "emergency" identification mechanism, to refine the "emergency" of the specific scope, clear the "emergency situation" that mechanism, and force majeure is defined as "an emergency situation." You can also establish a mandatory system maintenance and emergency imprest system "emergency" when conditions permit under it, in the repair process can also introduce a third party audit of the regulatory mechanism. At the same time, we must strengthen the owners of the construction and improvement of autonomous organizations.