What is the apartment building meeting? When is the annual apartment building meeting held in Vietnam?
What is the apartment building meeting?
Pursuant to Article 145 of the Housing Law 2023 regulating the apartment building meeting in Vietnam:
Article 145. Apartment building meeting
1. The apartment building meeting is the meeting of the owners or the users of the apartment building if the owners do not attend; for apartment buildings with one owner, the apartment building meeting includes the owner and the users of the apartment building.
2. The apartment building meeting must be organized to decide on issues stipulated in Clause 3 or Clause 4 of this Article when the conditions according to the apartment building Management and Usage Regulations are met. The organization of the apartment building meeting is conducted in the form of direct meetings; in cases of epidemics or natural disasters that prevent direct meetings, online meetings, or a combination of direct and online meetings, can be organized.
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According to the above provisions in Vietnam, the apartment building meeting is the meeting of the owners or the users of the apartment building if the owners do not attend; for apartment buildings with one owner, the apartment building meeting includes the owner and the users of the apartment building.
What is the apartment building meeting? When is the annual apartment building meeting held? (Image from the Internet)
When is the annual apartment building meeting held in Vietnam?
Pursuant to Article 17 of the apartment building Management and Usage Regulations issued with Circular 05/2024/TT-BXD regulating the annual apartment building meeting:
Article 17. Annual apartment building meeting
1. The annual apartment building meeting is held once a year when at least 30% of the representatives of the apartment owners who have received handover are in attendance, or a smaller number agreed upon by the apartment building owners in the first apartment building meeting. The annual conference of the apartment building building, apartment building cluster includes the following contents:
a) Approving the report of the Management Board on the results of the Management Board’s activities and approving the annual revenues and expenditures of the Management Board;
b) Reviewing, approving the settlement of maintenance costs for the shared ownership parts of the apartment building in the year, and approving the maintenance plan for the shared ownership parts of the apartment building for the following year reported by the Management Board;
c) Considering and deciding on the continuation of the contract with the apartment building management and operation unit in case the contract duration is 12 months;
d) Deciding on other contents as stipulated at Point g, Clause 3, Article 145 of the Housing Law (if any).
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Thus, the annual apartment building meeting is held once a year when at least 30% of the representatives of the apartment owners who have received handover are in attendance, or a smaller number agreed upon by the apartment building owners in the first apartment building meeting.
Who has the right to perform tasks assigned by the administration boards of apartment buildings in Vietnam?
Pursuant to Article 147 of the Housing Law 2023 regulating the rights of the administration boards of apartment buildings:
Article 147. Rights of administration boards
1. For apartment buildings with multiple owners, the administration boards of apartment buildings has the following rights:
a) Request the housing investment project owner to hand over full maintenance funds after the administration boards of apartment buildings is established and has a written request for handover; request the competent authority to enforce the handover of maintenance funds;
b) Manage and use the maintenance funds according to this Law and the decisions of the apartment building meeting;
c) Propose the apartment building meeting to approve the service management and operational fees for the apartment building;
d) Receive responsibility allowances and other costs according to the decision of the apartment building Conference;
dd) Request the competent authority to recognize the administration boards of apartment buildings;
e) Request the housing investment project owner to hand over the apartment building dossier; request the competent authority to enforce the handover of the apartment building dossier;
g) Perform other tasks assigned by the apartment building meeting that are not contrary to legal regulations.
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According to the above provisions in Vietnam, the administration boards of apartment buildings has the right to perform tasks assigned by the apartment building meeting that are not contrary to legal regulations.
