'Inadequate regulations on apartment building maintenance'

Currently, the regulations on apartment building maintenance have some shortcomings, among which the most prominent is the regulation: "In case the Management Board of an apartment building decides to maintain the common property of the apartment building, it must be agreed by 100% of the members of the Management Board, except in cases where a member is absent due to force majeure."

The Ministry of Construction has just commented on recommendations surrounding the management and use of apartment buildings with unreasonable regulations on maintenance of common property.

Many high-rise apartment buildings have sprung up in Vinh City. Photo: Thanh Cuong.

According to the petition of voters in Ho Chi Minh City, the current regulations on apartment building maintenance have some shortcomings, of which the most prominent is the regulation: "In case the Management Board of an apartment building decides to maintain the common property of the apartment building, it must be agreed by 100% of the members of the Management Board, except in cases where a member is absent due to force majeure."

This regulation has caused difficulties for the operation of the Management Board of apartment buildings in maintaining the common property, because if just one member disagrees, it cannot be implemented, while the vast majority of people living in the apartment building agree to the maintenance.

Voters recommend that the Ministry of Construction consider amending the above regulations appropriately, creating favorable conditions for the operations of apartment building management boards.

In the above reply to voters, the Ministry of Construction said that according to the Housing Law, "The apartment building management board is responsible for managing and using maintenance funds for the right purposes and for the right items that need maintenance according to the maintenance plan approved annually by the apartment building conference. The use of maintenance funds for common property must have financial invoices, payment and settlement according to the provisions of the law on finance and must be reported to the apartment building conference. Members of the apartment building management board who decide to use funds in violation of regulations will be handled according to the provisions of the law and must compensate for damages."

Based on the above requirements, the Ministry has stipulated that the decision to spend maintenance funds on common property of apartment buildings with multiple owners must be agreed upon by 100% of the members of the Management Board, except in cases of force majeure.

This regulation is to ensure high consensus and unanimity and enhance the role and responsibility of the members of the Management Board when implementing decisions approved by the Apartment Building Conference.

Before issuing the above Regulations, the Ministry of Construction also organized many seminars and conferences to collect comments from localities, organizations and individuals involved, including regulations on voting ratio when passing decisions of the Management Board of apartment buildings. Most of the comments agreed with this regulation on voting ratio.

Through monitoring the implementation of the Housing Law, the above regulations and rules have received the agreement and support of many investors and a large number of residents living in apartment buildings. In case the members of the Management Board cannot reach an agreement according to the above regulations, an extraordinary apartment building conference can be held if there is a request from more than 50% of representatives of apartment owners who have received the handover to request the apartment building conference to consider and decide.

However, the Ministry of Construction said that regarding the opinion of voters in Ho Chi Minh City requesting to consider amending some contents of the Regulations on management and use of apartment buildings (Regulation 02), the Ministry would like to take note to summarize the situation and consider and amend at the appropriate time.

According to Bao Anh/vneconomy