Research On China’s Special Maintenance Fund System For Residential Buildings

After years of development,China’s residential special maintenance fund system has played an active role in ensuring the restoration of housing functions and the safety of owners.Solving the problems existing in the legislation and institutional practice of the special maintenance fund system for residential buildings is of great practical significance for standardizing the raising,use and supervision of maintenance funds and protecting the legitimate rights and interests of owners.The full text is divided into three parts,except for the introduction:The first part introduces three major problems in the institutional practice of China’s special maintenance fund system for residential buildings through data and cases.The difficulty in raising maintenance funds is mainly manifested in the insufficient amount of maintenance funds,the problem of collection and advance of maintenance funds is prominent,and the renewal of maintenance funds is difficult to carry out;Improper use of maintenance funds is mainly manifested in insufficient utilization rate of maintenance funds,serious abuse of maintenance funds,and difficulty in emergency use of maintenance funds;The inefficiency of maintenance fund supervision is mainly manifested in the rigid maintenance fund management model,the low value preservation and appreciation rate of maintenance funds,the inefficient supervision of maintenance funds,and the lack of third-party supervision of maintenance funds.The second part analyzes the institutional norms corresponding to the practical problems of China’s special residential maintenance fund system from the perspective of legal foundation and management theory.Through empirical analysis and comparative research,it is pointed out that there are omissions in the regulations on maintenance fund raising,including the lack of maintenance fund supplement and renewal specifications,the lack of civil legal remedies for the owner’s right of recourse,the illegal provision on advance payment by development and construction units,and the unreasonable formulation of maintenance fund deposit standards;The rules on the use of maintenance funds are not precise,including the cumbersome procedures for the use of maintenance funds,unclear regulations on the scope of use of maintenance funds,imperfect information disclosure mechanisms for maintenance funds,and unclear definitions of emergency use of maintenance funds;The regulation of maintenance fund management is not closed,including the relatively single setting of maintenance fund management entities,strict restrictions on the legal norms for maintenance fund investment,unclear status of the source of authority of maintenance fund supervision entities,and defective third-party supervision provisions for maintenance funds.The third part puts forward suggestions for improving China’s special maintenance fund system for residential buildings from the perspective of legal norms and legal practice.The institutional guarantee of maintenance fund raising should be enhanced by regulating the establishment and operation of owners’ committees,granting owners’ committees independent legal personality,improving the accountability mechanism for arrears of maintenance funds,prohibiting the collection and payment of development and construction units,protecting civil legal remedies for owners’ right of recourse,and adjusting the deposit standards of maintenance funds;By simplifying the procedures for the use of maintenance funds,clarifying the scope of use of maintenance funds,improving the information disclosure mechanism of maintenance funds,and improving the emergency use mechanism of maintenance funds,the institutional binding force of maintenance funds is accurate.Activate the enforcement of the maintenance fund supervision system by optimizing the maintenance fund management mode,adjusting the legal normative restrictions on maintenance fund investment,improving the whole process supervision system of maintenance funds,improving the third-party supervision specification of maintenance funds,and building a maintenance fund risk early warning platform.