The Ministry of Construction has proposed the Ministry of Public Security and related agencies to investigate, prosecute Investors are responsible for appropriating the use of funds for the maintenance of the apartment.
Specifically, according to the Ministry of Construction, there are more than 215 projects occurred apartment complaints and disputes. Of these, 108 were conflicts between the developer and the resident or among the stakeholders within the project, with the most disputed being about 2% of the cost of maintaining the apartment. Many investors deliberately do not hand over or slow hand over, or just hand over part of the maintenance fee for the management board, in violation of current regulations.
To solve this problem, the Ministry of Construction has proposed the Ministry of Public Security and related agencies to organize, investigate, prosecute and prosecute investors for serious violations in the management, Use and operation of condominiums, especially acts of appropriating and using funds for maintenance of common parts of condominiums in contravention of law.
At present, Decree 99 specifies that if the investor fails to hand over the maintenance fund or hand over inadequately or not in time, the Managing Board shall send a written request to the provincial People’s Committee of the locality where the apartment building is located. Investors shall transfer funds for maintenance of common parts of condominiums.
However, up to now this rule is almost “deadlock” because the investor still deliberately not hand over the apartment maintenance fund for residents, although the authorities have requested. The reason is that Decree 99 has not issued strict sanctions.
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