City Urban Management Department. Di An, Binh Duong province answers this question as follows:
Regulations on apartment building management units
Pursuant to Article 27 of Circular No. 02/2016/TT-BXD dated February 15, 2016 of the Ministry of Construction promulgating Regulations on management and use of apartment buildings; Adjusted and supplemented by Circular No. 06/2019/TT-BXD dated October 31, 2019 regulating apartment management and operation units:
"1. The unit managing and operating an apartment building can be the investor or another unit that meets the functional and capacity requirements as prescribed in Clause 2, Article 105 of the Housing Law.
2. When the first apartment building conference has not yet been held, the investor is responsible for organizing the management and operation of the apartment building. In case an apartment building has an elevator but the investor does not meet the functional and capacity requirements as prescribed in Clause 2, Article 105 of the Housing Law, the investor must hire a unit that meets the functional and capacity requirements according to the provisions of Clause 2, Article 105 of the Housing Law. regulations to carry out operational management.
3. After organizing the first apartment building conference, the selection of the apartment building management unit is carried out according to the following regulations:
a) In case the apartment building does not have an elevator, the apartment building conference decides on self-management and operation or hires a unit that is qualified in terms of function and capacity to perform the operation management. ;
b) In case the apartment building has an elevator and the investor meets the functional and capacity requirements as prescribed in Clause 2, Article 105 of the Housing Law and wishes to participate in management and operation, the management board The apartment building and the investor negotiate for the investor to continue signing the apartment building management and operation service contract;
c) In case the apartment building has an elevator but the investor does not have the functions and capacity or has the full functions and capacity as prescribed in Clause 2, Article 105 of the Housing Law but does not participate in management or operation. If the investor participates in management and operation but does not meet the requirements as agreed in the service contract, the apartment building conference will decide to choose another unit that is qualified in terms of function and capacity according to regulations. determined to carry out operational management".
Pursuant to Point dd Clause 3 Article 13 Circular Circular No. 02/2016/TT-BXD; Adjusted and supplemented by Circular No. 06/2019/TT-BXD, the content of preparing to organize the first apartment building conference includes the following tasks:
"d) For apartment buildings with multiple owners, additional contents need to be prepared, including proposed price for apartment management and operation services, draft maintenance plan for common areas of the house. apartment building, propose an operation management unit in cases where the apartment building must have an operation management unit but the investor does not have the functions or capacity to manage operations or has the functions and capacity to manage operations. operates but does not participate in management and operation and does not entrust other units to manage and operate; in case the apartment building must have a management board, the operating model of the management board and draft operating regulations must be proposed activities and regulations on financial revenues and expenditures of the board of management".
In case it is necessary to organize an unusual apartment building conference
Pursuant to Point d, Clause 1, Article 14 of Circular Circular No. 02/2016/TT-BXD; Adjusted and supplemented by Circular No. 06/2019/TT-BXD, extraordinary apartment building conferences are held when one of the following cases occurs:
"d) The apartment building management board requests to replace the operating management unit or requests to adjust the price of apartment building management and operation services."
Pursuant to Point e and Point k, Clause 1, Article 41 of Circular No. 02/2016/TT-BXD; Adjusted and supplemented by Circular No. 06/2019/TT-BXD, regulating the rights and responsibilities of apartment building management boards:
"e) Request the competent authority to organize an apartment building conference, recognize the apartment building management board according to the provisions of this Regulation; organize an apartment building conference to decide on replacement units. Operational management in case the unit currently managing the operation is no longer qualified to manage and operate the apartment building according to the provisions of this Regulation".
"k) The Management Board is responsible for coordinating with the People's Committee of the commune where the apartment building is located in exercising its rights and responsibilities related to the management, use and operation of the apartment building according to the provisions of the Law. Housing and this Regulation; comply with settlement and handling decisions of competent state agencies and exercise other rights and responsibilities according to the provisions of law."
Current law does not require the selection of an apartment building operator to be selected through bidding.
After holding the first apartment building conference, the apartment building management board and the investor negotiate for the investor to continue signing the apartment building management and operation service contract, but if the apartment management unit If the apartment building operator fails to meet the requirements as agreed in the service contract, the building management board must organize an extraordinary apartment building conference to request replacement of the operating management unit and the apartment building conference. Residents decide to choose another unit that is qualified in terms of function and capacity according to regulations to perform management and operations.
The Urban Management Department will advise the City People's Committee to issue a document directing the An Binh Ward People's Committee to invite the management board of the building where Mr. Tran Quoc Hung lives, the investor and related units to review the contents. Contents and procedures related to the first apartment building conference.
At the same time, there is a written request to the Department of Construction to establish a team to organize inspection, inspection and handle violations (if any) according to its authority or request competent agencies to handle violations of regulations on management and use of the apartment building by the board of directors as well as the investor and operating unit of the apartment building where Mr. Tran Quoc Hung lives according to Point d, Clause 1, Article 13 of Decision No. 16/2021/QD -On September 27, 2021, the People's Committee of Binh Duong province issued regulations on management and use of apartment buildings in Binh Duong province.
.png)
