Legal analysis: 1. If there is no owners' committee, only the property management company can use the maintenance fund in the management area, and it needs two-thirds of the owners to sign before using the maintenance fund. If there is an industry committee, it may decide to use the maintenance fund with the consent of the owners' meeting. 2. Community neighborhood committees or neighborhood offices perform their duties instead of owners' committees, which does not mean that they can exercise their rights instead of owners' committees, nor can they make decisions on behalf of all owners in the community. According to the relevant regulations, their organizers are responsible for convening and soliciting the opinions of the owners to vote, and other related work can only continue after statistics exceed two-thirds or half. 3, according to the provisions by the property services companies according to the maintenance and renovation projects put forward suggestions; If there is no property service enterprise, the relevant owners will put forward suggestions for use; Without the consent of 100% of the owners and with the consent of more than two thirds of the owners, the maintenance fund can be used. If other owners who want to use the maintenance fund do not sign, they can persuade other owners to sign according to the actual situation of applying for the maintenance fund.

Legal basis: Measures for the Administration of Residential Special Maintenance Funds

Article 21 Where the maintenance, renewal and transformation of residential parts and facilities involve unsold commercial housing, non-residential housing or public housing, the development and construction unit or public housing unit shall share the cost of maintenance, renewal and transformation according to the construction area of unsold commercial housing or public housing.

Twenty-second residential special maintenance funds need to be used before they are transferred to the owners' meeting for management, and they shall be handled according to the following procedures: (1) Property service enterprises put forward suggestions for use according to maintenance, renewal and transformation projects; If there is no property service enterprise, the relevant owners will put forward suggestions for use; (two) the exclusive part accounts for more than two-thirds of the total construction area and accounts for more than two-thirds of the total number of owners within the scope of the use of residential special maintenance funds; (three) the realty service enterprise or the relevant owners organize the implementation of the use plan; (four) the realty service enterprise or the host of the relevant industry holds the relevant materials and applies for the fee to the competent department of construction (real estate) of the local city or county people's government; Among them, the use of public housing residential special maintenance funds, to the department responsible for the management of public housing residential special maintenance funds for expenses; (5) The competent department of construction (real estate) of the people's government of the municipality directly under the Central Government or the department in charge of managing the special maintenance funds for public housing shall, after examination and approval, issue a notice on the transfer of the special maintenance funds for housing to the special account management bank; (six) the special account management bank will allocate the required residential special maintenance funds to the maintenance unit.