Regulation on the management and use of condominiums

14/09/2017   Viewed: 543
Recently, the Ministry of Construction received the recommendation of Ho Chi Minh City voters moved by the Board of Petition under Official Letter No. 517 / BDN on the management and use of condominiums.
 
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Proposed contents: Provision of Point a, Clause 3, Article 25 of the Regulation on management and use of condominiums, issued together with Circular No. 02/2016 / TT-BXD of February 15, 02): "In the case that the apartment building management decides to maintain the common share of the apartment building, 100% of the members of the condominium board must be approved, Due to unforeseen circumstances, "it is difficult for the management of the apartment buildings to maintain the common property in case only one member disagrees or fails to do so, while the majority of the people living in the apartment will agree to the maintenance. Therefore, it is recommended that the Ministry of Construction consider and adjust the above regulations accordingly and create favorable conditions for the operation of the apartment management boards.

In this regard, the Ministry of Construction has issued Document No. 2085 / BXD-QLN to the delegation of the National Assembly of Ho Chi Minh City with the following contents: After the National Assembly passed the Housing Law No.65 / 2014 / QH13, Regarding the management and use of condominiums, there are many new contents added such as regulations on the organization of condominium conferences; The model of activities, composition, rights and responsibilities of the Management Board ... To implement the Housing Law Directive 65/2014 / QH13, the National Assembly has assigned the Ministry To promulgate regulations on the management and use of condominiums in order to ensure the uniformity and uniformity of the legal system and overcome shortcomings and bottlenecks in the management and use of condominiums. Implementing the tasks assigned by the National Assembly, the Ministry of Construction issued Circular No. 02/2016 / TT-BXD dated 15/2/2016 on the Regulations on management and use of condominiums (referred to as Regulation 02) .

According to Clause 3, Article 109 of the Housing Act 2014, "the condominium Managing Board shall have the responsibility to manage and use the maintenance fund for the right purposes and with the right items for maintenance according to the maintenance plan already Condominium conferences through each year. The use of funds for maintenance of parts under common ownership must have financial invoices, payment and settlement in accordance with financial legislation and must report to condominiums. If the members of the condominium board decide to use the fund in contravention of regulations, they shall be handled according to the provisions of law and shall have to compensate for damage. "

Starting from the aforementioned requirement, at Point a, Clause 3, Article 25 of Regulation No. 02 stipulates that for decisions on expenditure for maintenance of common parts of condominiums with many owners, A member of the Executive Board agrees, except in force majeure. This Regulation of Regulation 02 is intended to ensure consensus, high consensus and enhance the role and responsibilities of the members of the Executive Board when implementing the decisions approved by the condominium conference.

Prior to the promulgation of Regulation 02, the Ministry of Construction held many seminars and conferences to collect comments from localities and organizations and individuals, Vote upon approval of the decision of the condominium board. Most commenters agree with this voting rule.

By monitoring the implementation of Housing Law No. 65/2014 / QH13, Regulation 02 in general and the aforementioned regulations show that this regulation has received the approval and support of many investors and populations. People living in condominiums. In cases where the members of the Managing Board fail to agree on the above-mentioned provisions, abnormal condominium conferences may be organized if the written requests of over 50% of the apartment owners' representatives have been handed over. Request condominium conference review, decision.

For the opinion of Ho Chi Minh City voters proposed to consider amending point a, Clause 3, Article 25 of Regulation 02, the Ministry of Construction would like to acknowledge to sum up the situation and consider and amend at the appropriate time .
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