Dan Tri Newspaper received a request for help from the Management Board of the apartment complex at 229 Vong Street, Dong Tam Ward, Hai Ba Trung District, Hanoi City, claiming that Housing Development and Construction Investment Company Limited < i>(now Housing Development and Construction Investment Joint Stock Company) and Sao Mai Tourism and Trade Investment Company Limited have committed violations in: Not conducting maintenance on parts joint ownership of an apartment building in accordance with the law; Illegally occupying the area on the first floor and basement of the apartment building; Incomplete handover of apartment building records to the Management Board for storage and management according to regulations, seriously affecting the legal rights and interests of residents living in the apartment complex.
The appeal for help reflects: the apartment complex at 229 Vong Street, Dong Tam Ward, Hai Ba Trung District, Hanoi City was constructed by Housing Investment and Development Company (formerly under the Office of Hanoi City Party Committee) is the investor. In 2008, the apartment complex project at 229 Vong Street was completed and handed over to customers. On December 27, 2011, the Housing Development and Construction Investment Company transferred assets and architectural objects associated with land use rights at 229 Vong Street, including basements in two common buildings. Apartments A1 and A2, ground floor of buildings A1, A2, common use areas, other remaining areas and assets, tools and equipment related to the operation of the two apartment buildings assigned to the Company Limited MTV Sao Mai Trade and Tourism Investment (referred to as Sao Mai Company) manages. On January 2, 2012, the Housing Development and Construction Investment Company handed over the premises and assets at the apartment building at 229 Vong Street and legal documents related to the apartment building for management by Sao Mai Company. .
According to the appeal for help, during the process of the Housing Development and Construction Investment Company and Sao Mai Company managing and operating the apartment complex at 229 Vong Street, they committed serious violations of the law. to the rights and interests of residents living in apartment complexes. Specifically:
“ Firstly, the housing development investment and construction company and Sao Mai Company do not proceed maintain common ownership of the apartment building according to regulations
Being the investor of the apartment building at 229 Vong Street, Housing Investment Construction and Development Company ( (now Housing Development and Construction Investment Joint Stock Company)is responsible for maintaining apartment buildings according to the provisions of law. However, since the apartment complex was handed over and put into use, it was transferred to Sao Maihai Company and this company has denied responsibility for maintaining items under common ownership of the apartment building. causing this common ownership to seriously deteriorate. Up to now, after more than 9 years of use, construction items and building equipment such as elevators, fire protection systems, backup generators, and waste treatment systems are all damaged but have not been repaired or replaced by Sao Mai Company. Apartment residents are currently living in a complex of buildings that are too dangerous and unsafe with many architectural items that have been changed from their original functions, such as the ventilation doors of the backup generator room being covered with fans. The emergency escape elevator pressurization does not operate automatically. The two elevators serving fire protection work are not made according to the approved fire protection drawings. The elevator is constantly damaged and even drifts freely…
Too scared for people. For the safety of their lives, all residents of the building had to contribute their own costs to carry out building maintenance without being supported by revenue from business services from the 1st floor according to the Feasibility Study Report. The housing area at 229 Vong Street was established by Hanoi Housing Development and Construction Investment Company. That makes hundreds of households wonder: why does the Housing Development and Construction Investment Company not carry out its responsibilities as an investor in accordance with the law? For what purpose has the revenue from renting the first floor area been used by Sao Mai Company?
Monday Sao Mai Company has committed an act of appropriating the common area on the first floor and basement of the apartment building
During the construction investment process The entire common use area such as the basement, ground floor, hallway, and construction investment costs are all allocated to the house’s selling price. Thus, the area of the first floor and basement belongs to the common ownership of the apartment building. Sao Mai Company is responsible for handing it over to the residents for management. However, currently the area on the 01st floor belongs to the common ownership area of apartment building A1A2 and the basement is being occupied by Sao Mai Company to carry out rental activities for gyms, kindergartens, gaming rooms, and department stores. .. Even the sidewalks around the apartment are used as parking lots. Even the water surface adjacent to building A1, which is a common path for residents and also an escape route, was also barricaded by Sao Mai Company to take advantage of motorbike parking.
Third, Sao Mai Company did not hand over complete apartment records to the Apartment Complex Management Board for storage and management in accordance with the law.
After receiving the house handover since 2008, the building’s residents have repeatedly requested the Housing Development and Construction Investment Company (now the Housing Development and Construction Investment Joint Stock Company)</ i> Sao Mai Company and leaders of Dong Tam Ward People’s Committee carried out procedures to allow people to establish a Management Board to autonomously participate in the management and operation of the building. However, the response to residents’ requests was the uncooperative attitude of the two companies. To protect their legal rights, residents of building A1A2, 229 Vong Street, requested the People’s Committee of Hai Ba Trung District and the People’s Committee of Dong Tam Ward to organize an apartment building conference to elect the Board of Management. After 8 long years of requests, in December 2016, the Management Board of the apartment complex at 229 Vong Street was established.
However, since its establishment, the Management Board has continuously made written requests to the Company. Sao Mai Company carried out the handover according to the provisions of law (on December 22, 20164310005/01/2017) but after each working session, the Board of Directors of Sao Mai Company did not cooperate. hand over the apartment building documents according to the committed content. On March 10, 2017, Sao Mai Company handed over the apartment building documents to the Management Board, but it was incomplete,” the appeal for help said.
The apartment complex management board granted that: Sao Mai Company’s failure to hand over all apartment records to the Board of Management for storage and management is a violation of housing law, affecting the management and operation of the apartment building of the Board of Management. Do not have records as a basis for exercising their rights and obligations in accordance with the law.
Related to a series of calls for help from residents of apartment building 229 Vong street42837Hanoi Department of Construction People’s Committee of Hai Ba Trung district People’s Committee of Dong Tam ward ; Housing Construction and Development Investment Joint Stock Company Sao Mai Trading and Service Investment Company Limited The management board of the apartment complex 229 Vong Street sent a representative to a meeting on handing over documents to determine the area of private ownership. apartment building at 229 Vong street.
In the meeting minutes, the Housing Development and Construction Investment Joint Stock Company said: On March 30, 2009, the A1 apartment building was accepted and completed. put to use; March 31, 2009 A2 apartment building has been accepted and put into use. Unfinished items according to the approved project include: Infrastructure items adjacent to the entrance gate at 229 Vong Street have not been implemented synchronously according to the approved design documents; A part of the land area of about 500 m2 according to planning is for parking, flower garden and greenery, which has not been invested in construction according to approved design documents and is being allocated to 01 group of individuals (not for rent).
Also in this minutes, Sao Mai Trade and Tourism Investment Company Limited said: “From 2012 until now, the company is managing and exploiting the service business area on the first floor and basement, part of the funds collected from the Company.” The company also compensated operations and maintenance managers for the buildings; The company has basically handed over the common areas of common ownership: technical and outdoor infrastructure to the Board of Management to manage and operate according to regulations.
Regarding the content reflected by residents Apartment residents at 229 Vong StreetLawyer Phan Thi Lam Hong – Director of Dong Hanoi Law Company Limited commented: “ Apartment maintenance is the responsibility of both investors and residents to maintain the quality of housing and ensure safety during use. In this case 42705 The management board of the apartment complex at 229 Vong Street has just been established, so the maintenance of the shared ownership area from the handover of the house in 2008 to December 2016 is the responsibility of the investor and the enterprise managing and operating the shared house. Apartment (make a plan to organize implementation or hire a capable unit to carry out maintenance of works and equipment used in common in the apartment building) according to the provisions of the law: from Decision Decision No. 10/2003/QD-BXD (Clause 4, Article 14) Decision No. 08/2008/QD-BXD (Clause 2, Article 18) until Circular No. 02/2016/TT-BXD (Clause 2, Article 27).
In addition, based on the apartment purchase and sale contract, the responsibilities of the parties can be determined. related to the maintenance of the apartment building and equipment under common ownership, according to the provisions of Clause 34, Article 108 of the 2014 Housing Law:
“3. In case the investor signs a contract to buy and sell an apartment or other area in the apartment building before July 1, 2006 but has not yet collected funds for maintenance of the common area then the apartment owners meet at the apartment building conference to agree on the level of contribution to this cost; Fund contributions can be paid monthly into a deposit account at a credit institution operating in Vietnam established by the Apartment Management Board or paid when maintenance work arises.
4. In case the investor signs a contract to buy, sell, or lease an apartment or other area in an apartment building after July 1, 2006, but there is no housing purchase or lease purchase contract in the contract. When agreeing on maintenance costs, the investor must pay this amount; In the case of a house sale and lease purchase contract, the purchase price does not include maintenance costs, the owner shall pay maintenance costs for the common area according to the provisions of Clause 3 of this Article.”
Thus, when an apartment complex management board has not been established, the maintenance of common ownership is the responsibility of the investor and the apartment management unit and in the case of a purchase contract. When selling an apartment signed after July 1, 2006, if the investor does not have an agreement on maintenance costs, the investor must pay this amount.
Dan Tri will continue to inform readers about the incident.
