Inspectors of the Ministry of Construction have requested to transfer to the Management Board of the apartment building 250 billion VND for maintenance fees at 22 apartments in Hanoi. Among them are apartments that were once a “hot spot” for disputes, residents repeatedly raised banners protesting demanding maintenance funds and pointed out a series of mistakes and shortcomings.
Inspectors of the Ministry of Construction said that the inspection process pointed out many violations and shortcomings in the management and use of funds for maintenance of the shared ownership of the apartment building by investors. Management Board (BQT) and authorities at all levels at 22 apartment buildings in Hanoi.
Inspectors of the Ministry of Construction pointed out many violations, shortcomings and shortcomings in the management and use of funds for maintenance of the shared ownership of the apartment buildings by the investors. Specifically, many apartments in Ho Chi Minh City. at the time of inspection, the investor is managing the maintenance fund at the investor’s account with the interest rate on demand; Late handover, incomplete handover of maintenance funds for the shared ownership of the apartment building for apartments such as Riverside Garden apartment at 349 Vu Tong Phan (Thanh Xuan district) the investor is a Joint Venture JSC. Prosimex production, trading and import-export and Vietnam Construction and Design Investment Joint Stock Company….
In addition, there are apartments because between the investor and the Management Board cannot agree on the division of the private common area and the area that the investor retains, leading to the inability to settle the data, delay the handover of funds. Maintenance for 1-3 years.
“During working with the inspection team, many investors and the Management Board were aware of their responsibility to proactively overcome the shortcomings, actively agreed with the Management Board to settle the data and handed over more than 48.8 billion VND to the Management Board. VND for the maintenance cost for the area that the investor keeps for business,” said the inspector of the Ministry of Construction.
Also according to the Inspector of the Ministry of Construction, most of the apartment buildings have not yet settled the maintenance cost data. The lack of consensus on settlement data has many causes, but mainly focuses on the following reasons: legal awareness, methods and working attitudes to find a common voice to reach consensus, and the division of the area. general – private, the area that the investor is kept… “These are the main reasons leading to the long-standing dispute and complaint, in which the responsibility lies with the investor and the administration”, said inspector of the Ministry of Construction. specify.
Inspectors of the Ministry of Construction said that the encroachment and use of jointly owned space for the private purposes of the owners is also one of the violations in many apartments.
At the time of inspection in December 2020, in the apartments, the investor and some owners have divided the technical space, lobby, corridor, and terrace into a number of rooms for the project management. The project, the operation management unit temporarily uses or does business not in accordance with the design drawings approved by the competent state management agency as in the apartment complex of the Office of the National Assembly Xuan Phuong (Nam Tu district). Liem) of Song Da 7 Urban and Industrial Park Investment Joint Stock Company; Building F, G, H, K, L belongs to a complex of high-rise apartment buildings, mixed-use housing area HH02 (Duong Noi urban area, Ha Dong).
8 apartments on the 21st floor of the Xuan Phuong National Assembly office (Nam Tu Liem district) voluntarily renovated and repaired the roof, turning the apartment terrace into their own “garden”. Results after inspection, Inspector of the Ministry of Construction Construction has issued a decision to sanction administrative violations and require the application of remedial measures, the investors and owners have seriously complied to restore the original condition of more than 1,000m2 encroached upon. reclaim common space for residents.
In addition, the Ministry of Transport said, many investors have not opened maintenance expense accounts within 7 days from the date of collection of customer funds for temporary management, or opened accounts without notifying the agency. The housing authority of the province where the apartment building is located is found to be in violation of Article 109 of the 2014 Housing Law; in which, the delay in opening an account for maintenance expenses from 12 to 24 months…
Many condominiums are slow to hold the first apartment building conference and hand over apartment documents because the investor changes the functions of the shared areas. According to the provisions of Article 5 of Circular No. 02/2016/TT-BXD dated February 15, 2016 of the Ministry of Construction, the apartment building dossier includes 4 components, however, due to the investor’s change in function, purpose use, encroachment, use of shared ownership of the apartment building, thus leading to the hiding of documents, delay in handing over documents, many investors delay handing over from 24 to 36 months, etc.
Through 15 inspection conclusions, the Inspector of the Ministry of Construction requested to transfer to the Management Board of the apartment house 250 billion VND. In addition, the Inspector also issued a decision to impose an administrative penalty on 7 investors with an amount of VND 820 million and force the application of remedial measures to immediately dismantle the encroachment on the common space to returned to residents.
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