The Ministry of Construction has just responded to the recommendations of the Board of Management of Hancorp Plaza Thang Long International Village related to maintenance fund disputes, joint ownership area and apartment purchase contract.
Specifically, the proposal of the Board of Management Hancorp Plaza Thang Long International Village said that in the contract of sale of apartments signed between the investor is the Hanoi Construction Corporation with customers in 2010 having identified common ownership including garage.
However, in Document 294 / TCT-PTDA of Hanoi Construction Corporation re-identified bunker B1, B2 is the property of the Owner to provide car service to serve customers and residents of building.
In this regard, the Ministry of Construction will require Hanoi Construction Corporation to base on the law on housing to work with the Management Board and report to the Ministry of Construction specific content.
The management board of Hancorp Plaza Thang Long International Village also complains that investors do not hand over the full maintenance fund in time.
Concerning this motion, the Ministry of Construction said in Article 109 of the Housing Act 2014; Articles 36 and 37 of the Government’s Decree No. 99/2015 / ND-CP of October 20, 2015; Articles 36, 38 and 43 of the Regulation on management and use of condominiums, issued together with the Construction Ministry’s Circular No. 02/2016 / TT-BXD of February 15, as well as compulsory handover of condominium maintenance funds.
Therefore, it is proposed that the Board of Management of the apartment based on the above provisions to work directly with the Hanoi Construction Corporation to specify the amount of maintenance funds that the Hanoi Construction Corporation must be handed over in accordance with the provisions of law.
Where the parties fail to agree on the transfer of funds for maintenance of condominiums, the Managing Board shall request in writing the City People’s Committee. Hanoi shall comply with the provisions of Decree No. 99/2015 / ND-CP.
In addition, the condominium management also complained that the Hanoi Construction Corporation handed over the apartment not properly attached equipment such as kitchen, wash basin, granite surface, … the living room area plus not in accordance with Hanoi.
According to the Ministry of Construction, in relation to a house purchase contract is a civil transaction, it is proposed that the parties agree to implement the agreement in the contract.
In cases where the seller fails to comply with the agreement, the purchaser may initiate a lawsuit requesting the people’s court to settle the case according to law provisions.
The determination of the area of community activities in accordance with the provisions of Point a, Clause 2, Article 100 of the Housing Law of 2014, the communal house is under common ownership of the condominium.
Therefore, when there is a dispute about this ownership as the area is not in accordance with regulations, not arranged in the correct position as the design was approved … then the parties negotiate settlement.
In cases where the parties fail to reach agreement, pursuant to Article 177 of the Housing Law of 2014, one of the parties may request the People’s Court to settle the dispute in accordance with the provisions of law.
Currently, the selection of condominium operation management companies is specified in Articles 102 and 104 of the Housing Law of 2014; Regulation on management and use of condominiums, issued together with the Construction Ministry’s Circular No. 02/2016 / TT-BXD of February 15, 2016 and Circular No. 28/2016 / TT-BXD of December 15, .
Accordingly, condominium conferences are competent agencies to decide on condominium operation management units. Therefore, it is recommended that the condominium management compare to the above provisions for implementation.
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