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The Research of Supervision Regulatory System for Residential Maintenance Funds

Author: CuiDi
Tutor: ZhangZhongYe
School: East China University of Political Science
Course: Economic Law
Keywords: maintenance funds supervision Mandatory insurance Owners Committee supervision
CLC: D922.181
Type: Master's thesis
Year: 2011
Downloads: 49
Quote: 0
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Abstract


Residential maintenance fund is earmarked for the maintenance, renewal, and reconstruction of the residential common areas and common facilities when the warranty expires. Over more than ten years of the development of the maintenance fund in the Mainland, people are accustomed to calling it "housing pension". Under the guidance of the "pension", the maintenance fund system in the Mainland of China has always been tilted toward "repair", and even above the level of "medium repair" can the fund be earmarked. This concept plays a subtle role in the formulation of legal policy, which the author believes is lop-sided, and it is more appropriate to make it analogous to the "health insurance". However, reviewing the residential maintenance fund provisions throughout the world, all of them focus on preventive measures, and the maintenance is very crucial to the normal use, environmental security, and inflation proofing and appreciation of houses.The property of the residential special maintenance funds is similar to that of the health insurance, which determines its characteristic of being random in short-term and inevitable in long-term. Related problems have not erupted massively, but it can not hide the flaws of the system design. China’s housing construction rose in the 1990s, taking the lead in Guangzhou and Shenzhen, as time goes by, more and more houses need to use this medical payments, so it is primary and necessary to sort out the present problems in the maintenance fund system.During the preparation for this paper, the author participated the real estate law practice in Shanghai for many times, so the author presents a discussion from the point of view of the operation and supervision model of residential special maintenance funds in Shanghai.The first part is an overview. First, it analyzes the concept evolution of residential special maintenance funds in China, compares with the provisions in Japan, Taiwan, Macao Special Administrative Region and other places, and analyses the concept as well as the properties of residential special maintenance funds; then from the perspective of comparative law, the author introduces the current maintenance funds regulatory system in Shanghai and Shenzhen combining with related systems in Macau and Hong Kong SAR and presents a brief assessment.According to the practical experience in Shanghai, the second part introduces the existing problems of the present maintenance funds system from the angles of raising, using and others.The third part is a comprehensive proposal. Regarding the status quo of domestic maintenance funds system, the author suggests that in the aspect of fund raising, the insurance system should be introduced, the construction cost should be determined based on the turnkey contract and the raising amount of the first phase can be determined accordingly, and the sources of funds should be broadened by drawing on the model of Shenzhen and Macao; in the aspect of use of maintenance funds, it is proposed to establish an annual recognition and approval system combining with the temporary approval, as well as a system of mandatory use; in the aspect of supervision, the author proposes to adopt developer exit mechanism and the owners internal supervision, and advocates a system of remuneration for the property services.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Management Act of utilities
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