How will failure to pay apartment management and operation fees be handled?

Reply:First of all, it must be affirmed that apartment owners and users have the obligation to fully and timely pay the apartment building management and operation fees and other fees as prescribed by law and as agreed with service providers.

This has been clearly stated in Point d, Article 41 of the Regulations on Management and Use of Apartment Buildings issued with Circular 05/2024/TT-BXD as follows:

Article 41. Rights and responsibilities of apartment building owners

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d) Contribute fully and on time to the management and operation costs of the apartment building, maintenance costs of common property and other costs and fees as prescribed by law or as agreed with the service provider.;...

According to Clause 1, Article 7 of the Regulations on management and use of apartment buildings issued with Circular 05/2024/TT-BXD, the apartment building management and operation fee is the fee paid by the owners and users of the apartment building monthly or periodically for the management and operation unit to perform the following tasks:

- Control, maintain operation, regularly check elevator systems, 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 common use of apartment buildings and apartment complexes to ensure that these equipment systems operate normally;

- Provide security services, environmental sanitation, waste collection, flower garden and ornamental plant care, insect extermination and other services to ensure the normal operation of the apartment building;

- Other related tasks decided by the Apartment Building Conference.

* Will there be any penalties for not paying the apartment management fee?

Pursuant to Point d, Point dd, 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 the decisions of the Apartment Building Conference, including cases of not attending the Apartment Building Conference; comply with the settlement and handling decisions of competent state agencies;

- Contribute fully and on time to the management and operation costs of the apartment building, maintenance costs of common property and other costs and fees as prescribed by law or as agreed with the service provider.

In case the owner does not pay the management and operation fees as prescribed, the matter shall be resolved according to the agreement in the apartment building management and operation service contract that the Management Board has signed with the management and operation unit.

In case the contract specified in Clause 1, Article 29 of this Regulation has not been signed, it shall be implemented according to the regulations on management and use of apartment buildings approved by the Apartment Building Conference;

Thus, based on the above regulations, in case the owner does not pay the management and operation fees as prescribed, he/she will be handled according to the agreement in the apartment building management and operation service contract that the apartment building management board has signed with the management and operation unit.