Disputes over management and operation of apartment buildings are one of the most prominent issues today. Also for some of the above reasons, recently the Department of Competition and Consumer Protection (Ministry of Industry and Trade) has issued a number of recommendations for consumers to pay attention to to avoid unfortunate incidents when using management services. current management of apartment buildings.
Notes arising in management and operation
According to research by Construction Magazine, apartment buildings are a familiar type of housing in many countries, especially in Western industrialized countries, but are still considered new in Vietnam.
After the Land Law 1993 was amended and took effect from January 1, 1999, a series of housing development projects were reported and built, including some apartment projects.
The investors of the apartment project were then allocated residential land without land use fee, the residential land was regulated for indefinite use and the land use coefficient for the apartment building was very high.
Therefore, apartments are bought and used quite popularly. Despite such advantages, apartment investors are always cautious in investing in this new type of house because there are many arising in the process of using the apartment.
Disputes over management and operation of apartment buildings are one of the most prominent issues today.
According to the Department of Competition and Consumer Protection, in the period of signing an apartment purchase and sale contract with the investor, the issue of management and operation fees of the apartment building arose some inadequacies.
Specifically, when buying and selling an apartment, it is necessary to clearly stipulate in the apartment sale and purchase contract the specific details for the parties to implement together. Therefore, it is necessary to have specific information on service prices such as unit prices and management and operation fees of the apartment building in the apartment purchase and sale contract.
According to the provisions of Article 30, Regulation on management and use of apartment buildings promulgated together with Circular No. 02/2016/TT-BXD amended and supplemented by Circular 06/2019/TT-BXD of the Ministry of Construction, In case the apartment building has been handed over and put into use, but the first apartment building conference has not yet been held, the price of operation management service shall be decided by the investor and clearly stated in the purchase and sale contract. buy an apartment.
Also according to the provisions of this Article, the service charge for management and operation of the apartment building is determined in VND and calculated per m2 of the usable area of the apartment, or other area in the apartment building determined according to the common area. Water.
Therefore, when signing an apartment purchase and sale contract, the investor needs to clearly stipulate in the contract the level of management and operation fees of the apartment building in accordance with the above provisions, so that the parties can jointly implement it within the same period of time. from the time of handing over and putting into use until the first apartment building conference is held.
In addition, as for the regulation on changing the management and operation fee, according to the provisions of Article 16 of the Law on Protection of Consumer Rights, the terms of the contract entered into with the consumer are not valid in the case of Where applicable, such provision allows organizations or individuals trading in goods or services to stipulate or change prices at the time of goods delivery or service provision.
Therefore, the clause on the change of the management and operation fee in the apartment purchase and sale contract needs to have provisions on prior agreement with consumers before applying the new fee.
According to the provisions of Article 30, Regulation on management and use of apartment buildings issued together with Circular No. 02/2016/TT-BXD as amended and supplemented by Circular 06/2019/TT-BXD, service prices Management and operation of the apartment building is determined according to the provisions of Article 106 of the Law on Housing, based on each apartment building and on the basis of an agreement with the operation management unit.
Therefore, the change in the price of operation management services must be consistent with the provisions of Article 106 of the Law on Housing; based on the reality and specific characteristics of each apartment building and on the basis of an agreement with the management and operation unit. On the other hand, in case the competent state agency promulgates regulations on the ceiling price for the price of the apartment building. For apartment building operation management services, the new price must not exceed the ceiling price as prescribed.
Consumers need to be careful
According to the Department of Competition and Consumer Protection, from the time the first apartment building conference is held, consumers should pay attention to the selection of an apartment building management and operation unit in accordance with regulations. in Clause 3, Article 27, Regulations on management and use of apartment buildings promulgated together with Circular 02/2016/TT-BXD as amended and supplemented by Circular 06/2019/TT-BXD.
Accordingly, in case the apartment building does not have an elevator, the apartment building conference shall decide on its own the management and operation in the form of self-management or hire a unit that is fully qualified in terms of functions and capacity to perform the operation management. onion.
Moreover, for an apartment building with an elevator, the investor meets the functional and capacity conditions as prescribed in Clause 2, Article 105 of the Law on Housing and wishes to participate in the management and operation of the House Management Board. The apartment building and the investor negotiate for the investor to continue to sign a service contract for management and operation of the apartment building....
In particular, the management and operation fees of the apartment building shall be decided by the apartment building conference on the basis of agreement with the operation management unit as prescribed in Clause 1, Article 30, Regulations on management and use of apartment buildings. apartments promulgated together with Circular 02/2016/TT-BXD as amended and supplemented by Circular 06/2019/TT-BXD.
Talking about the management and operation of the apartment building, the conflicts between residents and investors have existed for a long time. And the benefits are always towards the investor. “This issue is an age-old problem, not just now discussed. People must also understand that in the sale and purchase contract, most of the parts are in favor of the investor, in favor of the drafter. However, it should also be noted that there are many contents related to operation management, and many other factors, therefore, if you put pen to paper on an apartment purchase and sale contract, you must consider this contract if the investor has How is the brand, what is the scale of the project. It is necessary to study carefully to avoid buying projects on paper”.
Many investors put the roof off, construction is still not enough, so even if they are eligible to open for sale, customers who sign a contract of sale should consider carefully investor credit. So that in the future, there will be no problems and consequences.
"In cases where customers buy an apartment after it is completed, they also need to see if the legal procedures are complete or not, the handover and commitment of the red book and the pink book."
Besides, in the face of existing disputes over the management and operation of condominiums, which is a hot story today, it is recommended that consumers be careful before signing an apartment purchase and sale contract.
Specifically, there are three stages that customers need to pay attention to, the stage of opening for sale, the stage of bringing people to live in, and the stage of issuing the red book. In the first stage, people should pay attention to the utilities, the items of equipment assembled in the house, the clear area, the center of the wall ... according to the introduction of the investor is correct or not. Accordingly, the investor will hand over to the home buyer a full set of documents to hand over the house, electricity and water, drawings, equipment, etc. to come with the house. “The problem that many residents put down to buy is interested in the terms of the contract, including the terms of parking for cars and motorbikes. In the first stage of selling the apartment, the owner promised that each apartment would have a car parking space, and then after a year or two he said he would try if there was space to ensure a car park or priority. If so, then there will be conflicts between residents and investors. Therefore, residents must take note. Sometimes there is an overlap between legal documents and regulations that "kick" each other, which will greatly affect the interests of residents.
According to Circular 07/2021/TT-BXD effective from August 15, 2021, regulating the ownership and management of parking spaces of the apartment building, the content has been removed: “The car parking space specified in This clause is managed by the operation management unit; In case the apartment building is not operated by a management unit in accordance with the Law on Housing, the owners will manage it themselves or hire another unit to manage this parking space. With the above regulations changed, it will also more or less create certain impacts on the interests of residents and investors because the interests have not been reconciled between the parties.
