| China’s laws and regulations have been made an initial requirement on how to deposit,manage and use the individual housing special maintenance fund, but they do not provide aunified management model.，which cannot ensure the secure management and normal use ofthe individual housing special maintenance fund in practice. For this reason, there are a lot ofdiscussions about the management model in theory, but the controversy still remains. Toguarantee the legitimate rights and interests of the owners, this paper proposed a newindividual housing special maintenance fund’s management model，which is government-led,bank-servicing and owners informed.Apart from the introduction and conclusion, this paper is divided into four parts, about26000words.The first part is the summary of the individual housing special maintenance fund’smanagement model, the legal definition, the particularity and the statutory model included.Individual housing special maintenance fund is what is used for the common parts andcommon facilities’ maintenance, updating and reformation of the personal houses after thewarranty expires, with preparatory, public, restrictive and being caught into a "plight ofquasi-public goods" dilemma. The statutory model is managed by the government departmentbefore the owners’ meeting established, after that the owners’ meeting decides who themanager is.The second part is the individual housing special maintenance fund’s management modeland problems. There are three main management patterns in our country: the governmenthosted pattern, the self-management pattern and the property company hosted pattern. Ourmanagement model remains many problems, such as diverse management bodies, theconfusion of the selected banks, the messy collection units, and the difficulty to raise specialfund and to increase the value. The disadvantage of the owner discipline is the legal status ofthe owners’ committee being not sure and the lack of the owners’ autonomous ability. Theproblem of the property company hosted pattern is the companies pursuing to maximize thebenefits and bearing limited liability.The third part is to build a new management model of the individual housing specialmaintenance fund: government-led, bank servicing and the owners informed. This part illustrates the new model’s contents of the individual housing special maintenance fund:raising, management and disposal. The managers of the individual housing specialmaintenance fund are the government department in charge of real estate, the bank of accountmanagement and the owners. The dominant government is responsible for publicizing andspreading, using the “flexible fixed-storage†way to operate, selecting the account bank andcreating the files. The banking is a service organization, which is responsible for collectingthe individual housing special maintenance fund, opening accounts and aiding to establish aquery platform. The owners are entitled to know and supervise. The first time deposit on theindividual housing special maintenance fund likes following: the collector is the accountmanagement bank; the owners are the capture person; To calculate the deposited fund is basedon the construction cost and the measured area; the deposited time is before the owners checkin; it adopts one-time payment way. The transfer of the individual housing specialmaintenance fund resulting from the transfer of the housing ownership follows the principleof “integration of fund and houseâ€.This paper analyzes the particularity of the individual housing special maintenance fundand the problems of the existing models. Then it puts forward to a new management modelwith the government-leading, bank servicing and the owners informed. The first innovation ofthe article is to abandon the pure research, building a new management model from themanagement reality of the individual housing special maintenance fund; The second is thatthe measures such as issuing the card to the owner by the special bank, adopting the operationof “flexible fixed-storage†and establishing the individual housing special maintenance fund’smanagement files, are not provided expressly in laws and regulations at present. |
