Many investors have deliberately dodged the law, put many unclear terms into the joint ownership, the apartment’s own in the sale contract makes the residents disadvantaged.
Him Lam Cho Lon Apartment is located at Nguyen Van Luong Street, District 6, invested by Him Lam Land with 8 blocks. At present, Him Lam Land is consulting residents to adjust the location of community activities. In the drawing approved by the Department of Construction in 2013 and purchase contract, each block is a community activity.
In there, double blocks like C2-C3 and B2-B3 have communal houses connected together, close to the commercial area. The total area of 8 community houses in 8 blocks is 1,317.2sqm.
The alternative that Him Lam Land offers residents is to separate the community activities of C2-C3 and B2-B3. At the same time, each block of B4 and C4, in addition to the community activities, also has a community hall.
A resident of block B4 said that Him Lam Land arbitrarily changed the drawing was approved by the Department of Construction in 2013 that residents cannot do the pink book. The owner has changed the design by himself, pushed the community house into the corner to get a nice location for companies outside the premises.
“Residents are feeling Him Lam Land cheated. Will the amount of money outsourced to the company leap into the pocket of anybody, resident or investor? Up to now, Him Lam Land has not held a meeting with the residents, but for each person to sign the signatures agree with the new plan that the owner, “said the resident.
Prosper Plaza is invested by Phuc Phuc Yen Investment Company Limited and Southern Green Land Company as the development unit. Prosper Plaza is located on Phan Van Hon street, Tan Thoi Nhat Ward, District 12 with 602 apartments.
At present, the new project is piling foundation. Under the Real Estate Business Law, when the foundation is not completed, the project is not allowed to trade. However, Southern Green has opened two blocks A and B of the project since 2016. Block C was also sold mid-March.
In the sale and purchase contract, the selling price of the apartment and payment stated, this sale contract stipulates that the selling price of the apartment for the customer does not include the cost of building the basement, terrace, roof, swimming pool, yard tennis …
In the private ownership section, the joint ownership and use of the apartment in the condominium, the sale contract includes the owner’s own pool, tennis court, basement, terrace and roof. approved project.
Meanwhile, at the construction permit No. 228 / GPXD granted by the HCMC Department of Construction for the Prosper Plaza project, two basements are jointly owned.
Similarly, residents of the Everich 1 apartment must also submit a complaint to the Secretary of the HCM City Party Committee Dinh La Thang because of the owner-occupied the utility common property. According to the application, the Everrich 1 project was developed by Phat Dat Real Estate Development Corporation, which was sold to the market in 2006 and has been in use since 2011.
When opening the sale, the owner introduced the apartment has the facilities to serve people such as commercial area, swimming pool, spa, gym, community living room … Since the handover apartment to date, the section The large utility of the apartment has not been implemented by the owner as committed.
Until May 5-2016, residents discovered that Phat Dat Company did not disclose the number of funds for maintenance of the apartment, arbitrarily changed the function of the gym when renting office, moving the community activities from the floor Six to the basement, encroachment of the pool, bunker to the motorbike owner recovered 70% of the area …
Quang Thai apartment in Tan Phu district also fell into a dispute between the investor and the residents. Up to now, hundreds of residents have not been granted a pink book even handed over the house since 2012.
The investor of this apartment building is Quang Thai Commercial Real Estate Services Co., Ltd will not be handed over maintenance fees for residents. The apartment has two car holds, Quang Thai Company intentionally cut the second basement to own.
Quang Thai Apartment Management Board and residents have sent dozens of solitary leaves to the authorities but so far, things have not been resolved.
Ehome3 is owned by Nam Long Group with 14 blocks and 2,000 apartments but no community activities. Previously, residents of Nam Long staff introduced a two-storey house next to the pool house community activities. Currently, this house has been rented by the owner as a coffee shop and gym.
Based on the drawing
According to Mr. Ngo Quang Phuc, Deputy General Director of Him Lam Land, Him Lam Cho Lon Apartment has 1,425 apartments. Currently, the company has consulted about 800 apartments but only 21 cases do not agree with the new plan that the company put forward.
“We changed the location of the community home to accommodate the residents. The marriage wedding is very noisy. Community activities are not reasonable, so planning to maximize the use efficiency. Therefore, it is reasonable to push the houses into the corner, “Mr.Phuc said.
Deputy General Director of Him Lam Land said that the premises in Him Lam Cho Lon apartment are the property of the investor. The company is renting at VND180,000 / sqm/month, all positions are the same price. Winning a good spot for a supermarket, a shopping center is to increase the value of the apartment and serve the residents.
“Just over 50% of residents agree with the Him Lam Land plan, the HCM City Department of Construction will support, residents will be granted pink book. If anyone disagrees with the plan we offer, can sell houses in Him Lam Cholon and move to another place, “Mr.Phuc said.
Meanwhile, Bui Quang Anh Vu, Deputy General Director of Phat Dat Real Estate Development Joint Stock Company, said that the company complies with the Housing Law of 2014 with the calculation of the area of people living in the same to get back to what the owner.
“Keeping a car is our property, not ours. Every month, we still deduct 20% of the revenue from keeping the car together with the Board of Management running the building, “said Vu.
Lawyer Nguyen Huu Quyen, Ho Chi Minh City Bar Association, said that the import of common property, especially in the apartment is not strictly regulated by law. Even the 2014 Housing Act is very general.
“If the decision on the approval of a project by the Department of Construction or the Ministry of Construction to express what is jointly owned, partly owned separately, that is the legal basis. Residents and investors must rely on that judgment. It is unlawful for an owner to intentionally occupy a private property. The authorities should be fined administratively, confiscated by residents and returned to the Board of Trustees, “Mr.Quyen said.
Meanwhile, the Department of Construction said that each apartment has a separate, privately owned property. Grounds for determination of parking lots, grounds for rent, internal roads … under common or private ownership shall be based on the basic designs, drawings and construction permits granted to the projects.
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