Research On The Use Of Residential Special Maintenance Funds

China has enacted many laws, administrative regulations and local regulations regards tothe use and management of residential special maintenance funds,but all these does not solvethe difficult problem of using residential special maintenance funds; the issues related toresidential special maintenance funds are still controversial in theory,in domestic, there is noany book has systematic and comprehensive study on the use of residential specialmaintenance funds so far, therefore, it is necessary to research and discuss the matter aboutthe use of residential special maintenance funds.The article is divided into three sections, about30,000words.The first part is an overview of the theory of residential special maintenance funds.Residential special maintenance funds is the funds that used for maintenance, update andrenovation when residential common parts and common facilities expiry of the warrantyperiod,When it comes to the legal nature of this special funds,we have three mainstreamviews, which are special funds、the nature of trust and quasi-public goods. Condominiumownership is a concept means a building is divided into parts used on its own part of therespective owners and used by many owners in terms of the different functions of variousparts of the building, Condominium ownership includes the exclusive right of the exclusivepart、co-ownership of common parts and the rights of members based on common relationship,China’s residential special maintenance funds theory is generated and expanded on the basisof the condominium ownership theory. Sort out and summarize the provisions of the use ofmaintenance funds from the United States, the United Kingdom, Singapore, Norway, Taiwan,Hong Kong, there are many state-of-the-art parts are worth learning such as reserve system ofmaintenance funds in United States、government ruled system in British, insurance system inHong Kong etc.The second part of this article is point out the current situation of the use of special fundsas well as the existing problems. China has enacted a number of laws and administrativeregulations, which formulate the conditions and scope of using residential specialmaintenance funds, Owner can use this funds when the owners of proprietary parts accountedfor more than2/3of the total area of the building, and more than2/3of the total number ofthe owners consent of using special maintenance funds, but in real life, it is difficult to reach an consensus. therefore, there is still exists three problems when using residential specialmaintenance funds, which are inefficient use of funds、limited scope of using funds、complexusing procedures.The third part is the measures to solve the difficult problems of how to use residentialspecial maintenance funds. I will analyze one by one in corresponding the three problemsmentioned above and point out people can use maintenance funds only if the proprietor whorelevant to its interests allowed. which endows greater powers to the lessee, broadens thescope of the use of residential special funds, simplifies the application procedures and setaside a certain amount of maintenance funds in accordance with the age of the facilities in thedistrict.the purpose of these measures is to have a fully rational and effective use ofresidential special maintenance funds.Different countries and different parts of China has its own provisions for residentialspecial maintenance funds. This thesis uses comparative analysis method, by whichsummarized the experience achieved in practice, so that the perspectives of this article aremore persuasive; Combined with the theory and existing laws through basic theory ofresidential special maintenance funds,analyze the existing problems when using residentialspecial maintenance funds in China and put forward effective solutions respectively. Becausethere is lack of comprehensive research on residential special maintenance funds, the datacollection process is difficult and the depth of this article is also limited.