The Research On Legal Problem Of Special Residential Maintenance Fund

Special residential maintenance fund is set up to provide fund guarantee for the maintenance, renewal and transformation of properties. Since the introduction special residential maintenance fund to our country in the 1990 s,it has been improved and perfected gradually. Timely repairs of the residential property, maintaining and increasing of the fund value and residential owners’ consciousness to pay the maintenance fund, all are specific embodiments of the value of the maintenance fund. China’s special residential maintenance fund has basically achieved "special storage, special use, proprietors decision, government supervision" management principles, and is playing an important role in the protection of the rights of property owners and maintaining social stability.Due to relatively late establishment of the special residential maintenance fund, lack of relevant theories and further study, a series of problems occurred during the practice process in china, such as no unified system of fund concentration,imperfect fund management system, complicated use application procedure and absence of legal relief measures etc. which need to be perfected by legislation. This thesis will explore the problems above in details one by one. In order to provide theoretical basis for perfecting our property special repair funds system.Besides foreword and epilogue,The whole thesis is divided into four parts, about 26 thousands words.The first part gives a general overview of the special residential maintenance fund, elaborating its definition, nature, legislative history and the similarities and differences between the concept and property services costs. Special residential maintenance fund is a fund specially used for property maintenance, renewal and transformation, in the nature of a special fund set up for a specific purpose, which is different from the property services costs. The legislative process of the special fund system in China evolved from the "City Adjacent Public Housing Property Management Regulations" to the "Special Residential Maintenance Fund Management Approaches".The second part mainly carries out comprehensive assessment of different special residential maintenance fund in and out of china. American mode, Singapore mode, Taiwan mode and Hong Kong mode can supply reference for inner cities. Shanghai City special residential maintenance fund supervision mode, Tianjin City special residential maintenance fund income mode, Shenzhen City special residential maintenance management mode, the scope of the use of Chengdu City special residential maintenance fund and Chongqing City special residential maintenance fund management approaches are all important parts of China’s special residential maintenance fund system.The third part mainly discusses the legal problems existing in our country’s special residential maintenance fund. The living legislation for the special fund system is incomplete. There is no unified subject to collect the fund. The imperfect fund management system and unreasonable regulations on maintaining and increasing of the fund value, complicated use application procedure and absence of legal relief measures are all problems in need of solving.The fourth part aims to propose relevant suggestions to improve the special residential maintenance fund system. Firstly, the legal subject to collect the fund can only be the special account management bank. Secondly, "a combination of fixed and current special account management " project can be adopted. Thirdly, as long as the proprietary part accounts for half of the total area of the building and more than half of the owners approve, the special residential maintenance fund can be applied. Fourthly, proprietors can make up the special residential maintenance fund amount by monthly deposit when the surplus is less than 30 percent. The owners of the committee through the lawsuit way special residential maintenance fund.