Research On The Legal Issues Of The Management Of Housing Special Maintenance Funds In My Country

The maintenance funds for residential buildings is the funds for the maintenance and renovation of residential shared parts and shared facilities after the expiration of the building warranty period.It is analogously referred to as the “pension” of the residence,which is of great significance for the preservation and appreciation of the house.China’s It is managed by the government before the establishment of the owners’ meeting,and is managed by the owners themselves after the establishment of the owners’ meeting.This paper analyzes that the owner is the main body of the special maintenance funds for the house,However,the level of autonomy of the community owners is insufficient,and the autonomy is limited.The government cannot completely hand over the maintenance funds to the owners for self-management.Therefore,it is necessary for the government to assist in the maintenance of maintenance funds.In practice,China’s maintenance funds have been managed by the government for a long time,and there are problems with the use of maintenance funds that are “difficult to use” and “difficult to supervise”.China’s legislation should focus on the government’s management of maintenance funds to transfer the owners’ common management responsibilities,shift to cultivate the owner’s autonomy,and improve the level of self-management maintenance funds.The government should help and support the owner’s management of maintenance funds,cultivate the self-management ability and self-government awareness of the community owners,form a scientific and rational self-management organization structure,and construct a legal system of reasonable use,value preservation and supervision.Based on the summary of the existing legal system,this paper starts with the specific problems in the process of maintenance fund management,and based on the analysis of legal issues,draws on the experience of urban governance at home and abroad,and puts forward suggestions for perfecting the special maintenance fund system for residential buildings in China.This article is divided into four parts:The first part: Exploring the development of the legal system of special maintenance funds,The literature analysis method and comparative research method are used to analyze the nature of special maintenance funds as special funds non-trust funds.The ownership of the special maintenance funds is changed from the owner’s committee to the owner,which is in line with the national conditions of the lack of self-government ability of the owners in China.Therefore,the current management status of maintenance funds,that is,the management mode of government escrow and owner self-management is proposed.The second part:Analyzes the government’s management of maintenance funds on behalf of the owners because the owners’ autonomy is insufficient and they cannot manage themselves.Exploring the reasons why the safety and efficiency of maintenance funds under government escrow are tested.It is concluded that it is difficult for the government to manage the problems of “difficult to use” and “difficult to supervise” the current maintenance funds,and should gradually manage the maintenance funds to the owners.The third part:Analysis of the owner is the owner of the maintenance funds,the selfmanagement maintenance funds are the development trend,and combined with the practical experience to analyze the relevant issues in the owner’s own management,that is,the community owner’s autonomy is weak,the owner organization can not effectively manage the maintenance funds On this basis,the reasons for the legislative concept of maintenance funds and the status and autonomy of the owners are analyzed.The fourth part : Clarify the idea of the management of maintenance funds from the government to the owner to manage the transition.Clarify the boundaries of government power,establish the regulatory concept of a service-oriented government,and cultivate the owner’s sense of autonomy and autonomy.In the construction of specific systems,we will absorb the practical experience of relevant urban maintenance fund management and standardize the special maintenance fund system from the perfect use and supervision system.