Things to note about the regulations on management and use of apartment buildings

Apartment buildings with hundreds of apartments are considered a miniature community.

Therefore, in order to contribute to ensuring the living environment and governance culture, the Ministry of Construction issued Circular 02/2016 / TT-BXD on regulations on management and use of apartment buildings and was amended and supplemented near here by Circular 06/2019 / TT-BXD.

A few new points of Circular 06/2019 / TT-BXD are worth noting that residents living in apartment buildings need to know to ensure the rights as follows:

1. Principles of management and use of condominiums

The management and use of an apartment building shall be carried out on the basis of voluntary commitment and agreement between the parties but must not contravene the law on housing, relevant laws and social ethics.

Clause 2, Article 1 of Circular 06/2019 / TT-BXD

2. Making, handing over and archiving documents of apartment buildings

Condominium management has the right to request investors to provide condominium documents. A dossier of an apartment building comprises: (i) Construction drawing, (ii) Profile of equipment installed in the manufacturer's works, (iii) Process of operation, exploitation and maintenance of the building, (iv) ) Notice of acceptance of results of pre-acceptance test of completed work items, apartment buildings, (v) Floor plan of parking area.

Clause 4, Article 1 of Circular 06/2019 / TT-BXD

3. Issues are decided by the First Apartment Building Conference

Including: (i) Regulations on apartment building meeting, (ii) Regulations on election of Management Board, (iii) Amendments and supplements to the apartment building management regulations; (iv) Price condominium operation management services, (v) Expenses that owners, occupants must contribute in the process of using condominiums, (vi) Other contents (if any) ).

Clause 5 Article 1 of Circular 06/2019 / TT-BXD

4. Participants and voting at apartment building meetings

For apartment buildings and apartment complexes with only one owner, the composition includes: (i) representatives of owners and occupants of the apartment building and (ii) representatives of commune-level People's Committees.

For apartment buildings and apartment complexes with multiple owners, the composition is as follows:

- First apartment building meeting: (i) representative of investor, (ii) representative of owner of the apartment that has been handed over, (iii) representative of condominium operation management unit (if any) ) and (iv) representatives of the Commune People's Committee.

- Unusual apartment building meetings and annual apartment building meetings: (i) representatives of owners of apartments received and (ii) representatives of investors (if the investors still own the area). in the apartment building), (iii) a representative of the operational management unit (if the apartment building has to hire an operating management unit) and (iv) a representative of the communal People's Committee.

Voting rights at condominiums and apartment complexes are calculated according to the private areas of owners of apartments and owners of other areas in condominiums on the principle of 1 m2 of ownership. Particularly equivalent to 01 vote. All decisions of apartment building meetings or apartment complexes are passed on the principle of majority.

Clause 6, Article 1 of Circular 06/2019 / TT-BXD

5. Voting through decisions of Management Board of apartment buildings

For multi-owner condominiums, the following proposals shall be approved only when they are approved by at least 50% of the total number of members of the Management Board of apartment buildings and complexes: (i) Proposals change operation management unit; (ii) Deciding on the selection of a unit to perform maintenance; (iii) Proposing changes in condominium operation management service prices; (iv) Proposals and requirements of the Management Board for the investor in the process of management and use of apartment buildings; (v) Other cases as decided by the apartment building meeting.

For decisions on expenditures on maintenance of shared areas of multi-owner condominiums, voting shall be conducted according to the following provisions:

- In case the apartment building management board decides to maintain the common areas of the apartment building, there must be at least 75% of the total number of members of the management board agreeing;

- In case the apartment complex's Management Board decides to maintain the common area of ​​the whole apartment complex, there must be at least 75% of the total number of apartment complex's management board agreeing; If only the common share of one or several buildings in the cluster is maintained, at least 75% of the total number of members of the Management Board who are representatives of one or several buildings agree.