The Ministry of Construction has given comments on the recommendations regarding the management and use of apartment and the inadequateness of the regulations on the maintenance of joint ownership.
According to the suggestion of voters in Ho Chi Minh City, the current regulations on maintenance of apartment complex are inadequate, in which the emerged is the regulation of “In case the management board of apartment buildings decide the maintenance of the building, it must been received 100% consents from members of the board of management unless there is a member absent due to force majeure.”
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It is this regulation that makes it difficult for the management board of condominium units in maintaining common ownership because only one member disagrees, it can’t be implemented, while the vast majority of people living in condominium agree about the maintenance.
Voters recommend the Ministry of Construction to consider and adjust the above regulations suitably and create favorable conditions for the operation of the apartment management board.
Replying the above recommendation, the Ministry of Construction said that according to the Housing Law, “the management board of apartment is responsible for managing and using the maintenance fund for the right purpose and maintaining the the right items as maintenance plan approved by the annual condominium conference. The use of maintenance fund for the common property must have financial invoices, payment and settlement in accordance with financial legislation and must report to condominiums conference. If the members of the condominium’s management board decide to use the fund in contrary to regulations, they shall be punished according to the provisions of law and shall have to compensate for damage.”
Originating from the aforementioned requirement, the Ministry has stipulated that for the making of decisions on expenditure for maintenance of common parts of condominiums, it must be consented by 100% of the owners, unless in case of force majeure.
This regulation is aimed to ensure the agreement, high consensus and enhance the role and responsibilities of the members of the management Board when implementing the decisions approved by the condominium conference.
Prior to issuing the aforementioned regulation, the Ministry of Construction also held many seminars and conferences to consult opinions of localities and concerned organizations and individuals, in which regarding the decisions on the voting rate when approving the decisions of the condominium management board. Most of those consulted agree with this voting rate.
Through monitoring the implementation of the Housing Law, the above regulations and rules have received the agreement and support of many investors, the majority of residents living in condominiums. In cases where the members of the Management Board can’t agree on the above-mentioned regulations, an extraordinary conference may be organized if having the requests of over 50% of the apartment owner’s representative has authorized to request the condominium conference to consider and making decision.
However, the Ministry of Construction said that for the opinion of the voters of Ho Chi Minh City proposing to consider amending some contents in the Regulations on management and use of condominiums (Regulation 02), the Ministry would record to summarize the situation and review, modify at the right time.
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