What are the consequences for not paying the apartment building's management and operating fees?
Apartment management and operating fees are one of the fees that must be paid when owning an apartment. So, if an apartment owner fails to pay these fees, will they be penalized? This is a question of concern for Ms. Bui Thi Thao (Vinh City, Nghe An).
Reply:First and foremost, it must be affirmed that apartment owners and users have the obligation to pay the full and timely management and operating fees for the apartment building and other costs as stipulated by law and as agreed upon with service providers.
This has been clearly stated in point d, Article 41 of the Regulations on Management and Use of Apartment Buildings issued together with Circular 05/2024/TT-BXD as follows:
Article 41. Rights and responsibilities of apartment owners
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d) To fully and promptly contribute to the management and operation costs of the apartment building, the maintenance costs of common areas, and other fees and charges as prescribed by law or as agreed with the service provider.
According to Clause 1, Article 7 of the Regulations on the Management and Use of Apartment Buildings issued together with Circular 05/2024/TT-BXD, the apartment building management and operation fee is a fee paid monthly or periodically by apartment owners and users to the management and operation unit to perform the following tasks:
- Control, maintain, and regularly inspect the elevator system; maintain water pumps, generators, automatic fire alarm systems, fire extinguishing systems, fire fighting equipment, backup equipment, and other equipment belonging to the common ownership and shared use of the apartment building or complex of apartment buildings to ensure that these systems and equipment operate normally;
- Providing security services, environmental sanitation, waste collection, garden and landscaping maintenance, pest control, and other services to ensure the normal operation of the apartment building;
- Other related matters will be decided by the condominium owners' meeting.
* Will I be penalized for not paying the apartment management fee?
Based on points d and e of Article 41 of the Regulations on Management and Use of Apartment Buildings in Circular 05/2024/TT-BXD, the responsibilities of apartment building owners are stipulated as follows:
- Fully comply with all decisions of the apartment building residents' meeting, even if you do not attend the meeting; comply with the decisions and resolutions of competent state agencies;
- Fully and promptly contribute to the management and operation costs of the apartment building, the maintenance costs of common areas, and other fees and charges as stipulated by law or as agreed upon with the service provider.
If the owner fails to pay the management and operating fees as required, the matter will be resolved according to the agreement in the apartment building management and operating service contract signed by the Management Board with the management and operating unit.
In cases where a contract as stipulated in Clause 1, Article 29 of these Regulations has not been signed, the regulations for the management and use of the apartment building, as approved by the Apartment Building Owners' Meeting, shall apply.
Therefore, based on the above regulations, if the owner fails to pay the management and operating fees as required, they will be subject to penalties as stipulated in the apartment building management and operating service contract signed between the apartment building management board and the management and operating unit.
