Lack of sanctions investor delaying handing over the maintenance fund

19/02/2017   Viewed: 827
The Ministry of Construction has issued regulations on management and use of the condominium, which has regulations, investors must transfer funds for the maintenance of the apartment management. However, severe sanctions if an investor violates this provision is unclear.

According to Decree 99/2015 / ND-CP guiding the implementation of the Housing Law, within 7 days of administration (BQT) building activities, the investors shall have to transfer funds for the maintenance has collection of condominium buyers.
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Buyers expect the authorities to take measures to severely sanction the investor delaying handover condominium maintenance fees.
While many buildings have not been BQT established, the investor is free to use this money. But now, as the board has been set up more and more, the investor would have to transfer money to the staff maintenance, investors proved delaying.
Decree 99 stipulated clearly not the case the investor funds for the maintenance handover or handover incomplete, not timely, written BQT PPCs proposal where there is an apartment, ask investors Desk allocated funds for the maintenance of the common ownership of condominiums.
After within 7 days of the People's Committees of provinces and cities have decided to hand over the funds required maintenance that investors are still not handed over, will conduct the enforcement through the investor's account. After 3 days, credit institutions where investors open accounts will conduct enforcement, the investor's money transfer to the staff apartment.
If the plan account through coercion fails, PPC, city property will be enforced through. Although regulations are, but in reality the coercion is not simple. According to some lawyers, there is no detailed regulations guiding the valuation of assets. Not to mention if the investor has sold the property, there is nothing to enforce.
Circular 02/2016 of the Ministry of Construction management rules, use the condominium despite provisions investors to transfer funds to the staff apartment maintenance but does not specify what sanctions, if all investment deliberately not handed over. Article 43 on dispute resolution mentioned only in general: The dispute over the delivery, management, maintenance use by the PPC solution; case disagreed with the decision of the provincial People's Committee shall have the right to request the people's court settlement.
According to Mr. Mai Anh Phong, Deputy Leaders of Thang Long Garden apartment (Hanoi), while the investor delaying handing over maintenance charges, the authorities can not force drastic move to handover investors mainly is still meeting with the spirit of "encouraging" investors. Time of delivery is also easing towards creating conditions for investors.
In fact, the current regulations on the management of condominium maintenance fees in general and in particular be made relatively late, when a series of condominiums has been put into operation and generate conflicts. Therefore, with the old apartment, put into operation before the stricter rules on maintenance fees are often very difficult to recover this amount.
Talking to reporters, representatives of the Department of Management and the real estate market (MOC) said: The responsibility of the investor is to hand over the maintenance fee for the common ownership when BQT BQT established . The Ministry of Construction has instructed the relevant authorities as well as the Department of Construction organized inspection and handling violations.
Obviously BQT be elected after the congress building residents and the local government have been admitted are completely qualified to represent residents handed over maintenance. If the delaying too long, people have the right to maintenance suspect investors were used for the wrong purposes, even exhausting. Thus, the management agencies on the need to ensure legal rights for home buyers. Even criminalized if the investor signs of misappropriating property.
According to real estate experts, learn from the incident involving maintenance fee dispute, homebuyers need to dig the rules, terms of maintenance costs before signing a contract to buy the house.
In particular, investors should request separate mortgage payments and maintenance fees of 2% of the various bills. With maintenance fees, the investor must submit a separate account at the bank so that people can be monitored, avoiding the use of investor funds for improper purposes.


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