FIND AGREEMENT IN APARTMENTS: NOT EASY

FIND AGREEMENT IN APARTMENTS: NOT EASY

26/06/2019|VENUS NEWS

CafeLand - Disputes in successive apartment buildings occur because investors, management and residents often cannot find a common voice in issues such as operation management, maintenance funds, management fees. or pink book ...
 
In the morning of June 25, the Vietnam Investment Review organized a seminar "Operating multi-ownership real estate: Finding a consensus voice". In particular, apartment dispute is a prominent issue that the speakers, investors and residents are focused on dissecting.
 
 
According to statistics of the Ministry of Construction, there are about 4,400 apartment projects nationwide. In particular, Ho Chi Minh City leads with about 1,400 apartments, Hanoi has about 1,000 apartments.

In Ho Chi Minh City alone, there are nearly 500 apartments built before 1975, these apartments are mostly low-rise, have no elevators and now reveal many risks of unsafe because of deterioration and damage...

Also according to the Ministry of Construction, apartment dispute takes place about 10% of the total number of apartments across the country. The content of the dispute is mainly related to the maintenance fund, the private area, the slow organization of apartment building meetings, the slow election of the management board, the slow delivery of the pink book ...

Ms. Vu Ngoc Huong, General Director of Venus Company, said that there is one thing in common, apartment buildings with a life of less than 3 years often operate stably, the quality of the project is quite guaranteed. However, from the 4th year onwards, there will be many signs of degradation and damage, especially items such as elevators, fire protection systems, water systems, garbage treatment ... leading to the value of real estate has been significantly reduced. Disputes in apartments also started to appear.

Ms. Huong said that one of the major reasons for the apartment dispute is the lack of information transparency or insufficient information. Many residents do not know enough to lead to complaints and grievances. Therefore, the investor, the management board of the apartment building should be transparent with information, especially those related to management cost collection, maintenance fund ...

Mr. Ngo Quang Phuc, General Director of Phu Dong Group, said that apartment dispute related to maintenance fund is very common in many apartments. Whether or not to collect apartment maintenance funds is also mixed. Phuc himself said that it is necessary to collect the maintenance fund and the appropriate time of collection before the customer receives the house. The problem here is how to manage and use this maintenance fund.

According to Mr. Phuc, all apartment disputes are centered around 5 investors, the management board, the management board, the residents and the state management agency.

On the investor's side, the dispute takes place when the investor commits a line but the result is a different path. "The investor committed to a good quality project, full of utilities, handed over on schedule but the results were not so leading to disputes," Phuc said.

There are even investors deliberately appropriating the apartment maintenance fee because this is not a small source of funding, there are condominiums up to hundreds of billions of maintenance funds. Such investors need to condemn and have appropriate sanctions.

As for the management board, the management board in the apartments are all elected by the residents, they operate without pay, mainly to serve the community. However, these people lack management expertise and a lack of legal knowledge so they cannot be asked to fulfill everything. On the other hand, there are also people who struggle to get into management that are primarily for personal gain.

On the side of residents, besides the legitimate and reasonable demands, many people also make the demands too high, even to the absurd. These people, though accounting for a very small proportion in the apartment building, often cause pressure, incite residents to cause insecurity, affecting the common interests. Instead of fighting excessively, these residents should work together with the investor to find a common voice and appropriate solutions for the common benefit of the whole apartment.

One of the reasons for the prolonged dispute is because the sanctions from the state management agencies are still too light, so that investors are not afraid to make mistakes because the penalties are very low. Therefore, there should be stricter sanctions and more severe penalties for serious investor implementation.

Ms. Nguyen Huong, General Director of Dai Phuc Land, said that what investors are interested in developing real estate projects is to bring buyers quality products and utilities commensurate with the price of their guests. goods out. Besides, it is necessary to manage, operate and continuously improve the value of real estate when handed over to customers. Therefore, many reputable developers still accept losses to bring the best apartment management and operation services.

The law stipulates that, after the management board, the investor must hand over the maintenance fund, as well as management rights to the management board. However, not all management boards can perform project operation management functions. Therefore, it is necessary to have the presence of investors in this board of management. However, the Law also needs to clarify the roles and duties of each member of the management board to ensure that the operation of the project will not only keep the value of the property for the project, but also must increase the price. this value.
 

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