The Paper Senior Reporter Wang Xuanhui
The lawsuit between Shen Songqing, the owner of Jialian Building in Xiamen, and the owners committee is still continuing.
The Paper previously reported that Shen Songqing discovered a strange phenomenon in the property management committee’s fund management during the property fee dispute litigation with the owners’ committee: the owners’ committee applied for an “old loan” of more than 460,000 yuan without meeting the conditions. "Financial subsidy for the renovation of old elevators", the first phase of more than 1.5 million special maintenance funds that should have been deposited into the special account of the Construction Bureau was not deposited into the special account.
After Shen Songqing reported the situation to the Xiamen Municipal Construction Bureau, the Bureau issued a handling opinion, instructing the Jialian Building Owners Committee to return the above-mentioned subsidy, deposit the first phase of special maintenance funds, etc. into a special account and make it public.
After Shen Songqing reported the matter, the Xiamen Municipal Construction Bureau and the Market Supervision Administration asked the Jialian Building Owners Committee to return the government subsidy for elevator renovation. The pictures in this article are all provided by the interviewees
Afterwards, the above-mentioned subsidy was returned, but the special maintenance funds were not transferred to the special account. Gu Xiguang, director of the owners' committee of Jialian Building, said that after the owners' meeting convened by the owners' committee, it was decided not to deposit the money into a special account.
Shen Songqing believed that the person in charge of the owners' committee transferred the special funds to his personal name and misappropriated the common property of the owners, so he filed a lawsuit for property damage compensation. On the morning of August 6, the case was heard in Haicang District Court of Xiamen City.
Shen Songqing complained that the owners' committee kept public funds privately, did not disclose public benefits, failed to cooperate with government department audits, and was suspected of misappropriating funds. He also discovered during the trial of the case that when the owners committee previously applied for elevator renovation subsidies, it was suspected of forging a contract to defraud the subsidy.
html On August 11, Gu Xiguang responded in an interview with The Paper that there was no such thing as defrauding government subsidies. The elevator renovation consisted of multiple contracts, and only one of them was provided to the court; the "private deposit of public funds" was the responsibility of the former owner. There are historical issues left over. There are now two private accounts for public income, but all expenditures are strictly regulated. Regarding auditing, the owners' committee is not afraid of audits and is willing to accept audits by relevant departments, but it does not require audits whenever a complaint is made. Those who comply with the regulations will not cooperate. As for whether it was misappropriated, the public security economic investigation department has already conducted an investigation.Shen Songqing insisted that Gu Xiguang and other owners’ committee leaders were involved in multiple violations and would continue to complain and report through various channels.
Is the contract used to apply for subsidies forged?
The use of funds during previous elevator renovations is one of the disputed points in the lawsuit.
Shen Songqing said that the evidence submitted by the property owners committee to the Haicang Court showed that in the elevator renovation contract, only the cover page and last page of the contract were submitted, but no contract terms such as the elevator renovation amount, renovation project, and payment method were submitted.
He said that during the trial, Gu Xiguang produced a renovation contract with an amount of 193,000 yuan and a signing date of May 12, 2016. When Shen Songqing asked Gu Xiguang to submit a copy of the contract to the court, Gu Xiguang refused.
Gu Xiguang explained to The Paper that the evidence in this case was only a procedural review and only needed to prove the existence of the contract, so he refused to submit it to Shen. If a complete contract was needed, Shen was asked to prosecute in another case.
Shen Songqing said that in this case, the court obtained the bank statements of the owners' committee and stated that the elevator renovation expenditure was 1,027,700 yuan. The application form for the elevator renovation financial subsidy from the market supervision bureau stated that the renovation amount was 935,000 yuan. The renovation amounts in various places were inconsistent, and he suspected that the contract was fictitious.
Regarding this, Gu Xiguang explained in an interview with The Paper that there are a total of 7 elevators in the two buildings of the building, 6 of which have been renovated. Among these 6, there are 5 high-rise elevators and 1 bottom-floor elevator. The contract for 193,000 yuan was signed for the earliest renovated elevator, and five other elevators were signed later, so there are different contracts.
Gu Xiguang said that for the elevator renovation contracts submitted to the government department when applying for subsidies, because one was a commercial elevator and did not meet the subsidy requirements, five contracts were submitted at that time. This leads to the so-called inconsistent contract figures, and there is no fraud.
Shen Shuqing believes that the reason why Gu Xiguang refused to disclose the complete contents of the contract may be that the contract inflated the price of elevator renovation.He said that after Typhoon Meranti in 2016, the renovation of 14 elevators in Yongnian Tianshu Community, Siming District, Xiamen only cost more than 70,000 yuan in total, while the 6 elevators in Jialian Building cost more than 1 million. It should be Let the owner know more.
When applying for subsidies, does the property owners committee know about the special maintenance funds?
The Paper once reported that Shen Songqing had previously discovered a revenue of more than 460,000 yuan in "financial subsidies for the renovation of old elevators" in the bank account statements provided by the owners' committee. According to regulations, the prerequisite for applying for this subsidy is that the community has not paid the first phase of special maintenance funds. The building was not eligible for the subsidy.
The special housing maintenance fund is called the "pension" or "medical insurance fund" of housing. It is a special fund deposited in proportion when the owner purchases a commercial house. It is also a special fund to ensure the normal use and maintenance of the commercial house. After
received the report from Shen Songqing, the Xiamen Municipal Construction Bureau verified and handled the above situation: instructing the Jialian Building Owners Committee to return the "Old Elevator Renovation Subsidy" and requiring the Owners Committee to deposit the first phase of special maintenance funds, etc. Enter a special account and announce it.
Gu Xiguang said in a previous interview with The Paper that there was indeed a sum of more than one million yuan in the owners' committee account, but he did not know the nature of the money at the time, so he applied for a government subsidy according to the procedures. Only later did he learn that the money was The first phase of special maintenance funds has been refunded.
Shen Songqing questioned Gu Xiguang’s statement: Existing written evidence shows that Gu Xiguang knew that the property owners committee had the first phase of special maintenance funds as early as 2015.
Shen Songqing provided a registration form for changes to the Jialian Building Owners Committee. The registration date of the form was May 30, 2015, and the form was filled out by Gu Xiguang. The inner page of the filing form shows that the second issue voted on at the owners' meeting held on April 22, 2015 was: to use the "first phase of special maintenance funds" of Jialian Building and authorize the owners' committee to use it.
"How can you say you don't know when it's written in black and white?" Shen Songqing questioned.
html On August 11, Gu Xiguang said in an interview with The Paper that he was indeed the one who filled out the registration form, but at that time he was not aware of the status of the first phase of special maintenance funds. Regarding the content of the form, he explained that the money needed to be spent on the owners' meeting at that time was based on the highest standards of relevant regulations - that is, it was assumed that the money was the first phase of special maintenance funds, and the vote was carried out. After the vote was passed, the money would be used to repair the elevators, etc. Facilities are being renovated. When applying for policy subsidies, we also inquired with the Xiamen Municipal Public Security Fund Management Department and issued a certificate of unpaid special maintenance funds."There is no so-called highest standard for the use of the first phase of special maintenance funds, only the standards of laws and regulations." Shen Songqing said that the " Special Residential Maintenance Fund Management Measures " stipulates the use plan of the funds after the special residential maintenance funds are transferred to the owners' meeting for management. It should be submitted to the owners' meeting for a vote, and it is stipulated that the use plan must include a cost budget and expenditure range. After use, special notes must be kept and subject to supervision and inspection by the financial department.
Shen Songqing also believes that the more than 1.5 million in the accounts under the owners' committee's name also includes cash withdrawals of more than 100,000 yuan, and the whereabouts of these funds need to be explained clearly.
Private deposit of public funds, is it compliant?
Another accusation made by Shen Shuqing against the property owners committee is that "public funds are kept privately". Shen Songqing said that since May 2012, Gu Xiguang has been involved in the management of the Jialian Building Owners Committee for more than eight years, and all public benefits have not been deposited into the public accounts of the owners committee.
He said that these expenses include parking fees, property fees, daily public maintenance funds, elevator advertising fees, telecommunications signal towers, China Tower rental income, etc., with an estimated income of nearly 10 million. Evidence obtained in the lawsuit showed that at least two private accounts were used to transfer Jialian Tower funds.
Gu Xiguang said in an interview with The Paper that the so-called "private deposit of public funds" does exist. Public income now exists in two private accounts, one is the toll collector of the property company, and the other is a member of the property committee. This arrangement is different from the previous business It is related to the historical issues that existed when the committee was handed over.
Gu Xiguang said that he does not think that depositing public funds into private accounts is against the rules. “There is no law that says it is wrong as long as you deposit into a personal account.This is a problem we have at the implementation level. Our accounts are not misused and are strictly standardized. The funds under the name of the "
" personal account are the property of the individual to the outside world and can be withdrawn at any time. " Shen Songqing believes that if public funds are kept in an individual's name, there may be a risk of being frozen by the court due to the debts of the parties involved. He said that this question is also well-founded. According to the Judgment Document Network, the member of the Xiamen Jialian Building Owners Committee who is responsible for the deposit has once Involving private lending disputes, the public case number is (2017) Minchu No. 17606.
In addition, he believes that private deposits of public funds objectively prevent owners from checking the true bank details of public income and expenditure, because owners cannot. Check the bank account details of other individuals.
On November 11, 2019, the Xiamen Municipal Construction Bureau issued a "Letter from the Xiamen Municipal Construction Bureau on Cooperating with the Audit of Special Maintenance Funds" to the Jialian Building Owners Committee. The association has not cooperated with the audit as required by the regulatory authorities.
In November 2019, the Xiamen Municipal Construction Bureau issued a letter requesting the Jialian Building Owners Committee to cooperate with the audit.
"There are absolutely no problems with our accounts, and we are not afraid of auditing them, but it is not what you want to check." Just check. "Gu Xiguang said that the Construction Bureau's audit request was issued after Shen Songqing complained many times, so he refused. At the same time, he also explained to the relevant staff of the Construction Bureau, "There are obvious problems and clues will only be audited. It cannot be just a simple one. People make guesses out of thin air."
Gu Xiguang said that if the court, public security and other relevant departments ask for an audit, and the regulations are met, the owners' committee will definitely cooperate. As for whether it has been misappropriated, the public security economic investigation department has already made an investigation conclusion.
Shen Songqing said , "Several Provisions on Property Management in Xiamen City" stipulates that the management and use of special maintenance fund accounts should be subject to regular audits and the audit results should be made public. In November last year, the Construction Bureau had asked the property owners committee to cooperate with the audit, but more than half a year has passed. The owners committee still did not cooperate. He always believed that the owners committee should cooperate with the audit.
Editor in charge: Xu Di
Proofreader: Liu Wei
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