How Does Condominium’s Management Have Authority And Responsibility?

According to Article 104 of the Housing Act 2014 and Article 41 of Circular 02/2016 / TT-BXD, the board of management shall have the rights and obligations:

1. For condominiums with many owners, the condominium’s Managing Board shall have the rights and responsibilities:

Firstly, supervising and reminding owners and users of condominiums in the observance of rules and regulations on the management and using of condominiums;

Secondly: Managing and using funds for maintenance of common parts of condominiums according to the provisions of this Law and decisions of condominium conferences; reporting to the Condominium Conference on the collection and spending of this funding;

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Thirdly: Proposing condominium conference through the condominium operation management fee;

Fourthly: Signing the contract of providing condominium operation management service to the investor or unit which has the function and capacity to manage the condominium operation after being selected by the condominium conference according to regulations at d Point, 3rd Clause, 102 Article of this Law.

In cases that condominiums are not required to have operation management units defined at b Point,1 Clause,  105 Article of this Law and assigned by the condominium conferences to the Managing Boards for management and operation, the condominiums managing boards shall receive and spend the management and operation funding under decisions of condominium conferences;

Fifthly: Signing the contract with the unit which has the capacity to maintain the house in accordance with the law about construction to maintain the common parts of the condominium and supervising maintenance activities. The maintenance of common ownership may be carried out by units managing the operation of condominiums or other units which are capable of being maintained in accordance with the law on construction;

Powers and responsibilities of condominium management

Sixthly: Collecting and synthesizing opinions and suggestions of condominium users on the management, use, and provision of condominium services for coordination with functional agencies, organizations, and individuals to consider and resolve;

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Seventhly: Coordinating with local authorities, civil group in building a civilized lifestyle, maintaining social  and security of subsistence in condominiums;

Eighthly: Abide by the operation regulations of the condominium management which are approved by the condominium conferences, not to dismiss themselves or add members of the condominium board;

Ninthly: Having remuneration and other reasonable expenses according to decision of the condominium conference;

Tenthly: Taking responsibility before the law, owners, and users of condominiums when exercising their rights and responsibilities, not in accordance with the provisions of this clause;

Eleventh: Performing other tasks assigned by the condominium meeting without contravening the law.

2. For condominiums with one owner, management boards of the condominium shall exercise the rights and responsibilities prescribed at Points a, e, g, h, i, k and l, 1^st Clause of this Article.

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