Apartments are a type of housing that is becoming more and more popular and is the choice of many people. The management of the apartment is currently assigned to the management board of the apartment building. The management board of the apartment building is the unit that directly manages and supervises the activities related to the apartment building. So how is the procedure and order to establish the management board of the apartment building according to the regulations? Today LSX Lawfirm will give you an article about: “Establish an apartment building management board in Vietnam”, as follows:
Legal grounds
- Cooperative Law.
- Enterprise Law.
- Circular 02/2016/TT-BXD
What is an apartment building management board?
The management board of an apartment building is understood as an organizational model established by the owners of the apartment building, this is an organization with the following characteristics:
Firstly, it has the same legal status as other organizations.
Secondly, the management board of the apartment building has a seal and operates under the model of the management board or the Board of Directors of the cooperative or the model of the Board of Directors of a joint stock company.
In addition, for the management board of the apartment building, the apartment building conference will be the basis for deciding the operation model of the apartment building management board.
Thus, we can see that the management of the apartment building is heavily dependent on the apartment building conference, but the apartment building management board does not have the right to decide on its own operating model.
The management board of the apartment building on behalf of the investor after completing the construction procedures to carry out activities such as financial revenue and expenditure of the apartment.
The Management Board also performs the work related to reporting the results of maintenance work and the collection and expenditure of maintenance expenses for the common area of the apartment building for the apartment building conference to inspect, supervise and notify. according to the provisions of the Law on Housing.
Form of establishment of the management board of the apartment building in accordance with the law
In case the Management Board of an apartment building established and operates under the model of the Managing Board or the Board of Directors of the cooperative, the convening and organization of the meeting of the Management Board shall comply with the provisions of the Law on Management.
In case the Management Board of the apartment building established and operates under the model of the Board of Directors of a joint-stock company, the convening and organization of meetings of the Management Board shall comply with the provisions of the Law on Enterprises.
The Management Board of the apartment building has a term of operation of 3 years and re-elected at the annual apartment building meeting of the last year of the term, except for the case of an extraordinary apartment building meeting to elect a replacement for the Management Board.
Order and procedures for establishing an apartment building management board
The apartment management board established as follows:
The management board of the apartment building established through election from the owners who are using the apartment building; In this case, we will divide it into the following cases:
In the case of single-owner apartment buildings, members of the Management Board are representatives of the owners and current users of that apartment building.
The requirements posed to the elected members of the management board of the apartment building are as follows: the person in the management board of the apartment building must be healthy, have no criminal record; Prioritize the selection of people with knowledge and experience in construction, architecture, finance and law to join the Management Board of the apartment building.
In addition, members of the Management Board of the apartment building must participate in a refresher course on knowledge about management and use of the apartment building provided by the institution, which provides training and refresher courses on professional knowledge and skills in management and operation of the apartment building residence organized according to the regulations of the Ministry of Construction.
Pursuant to Article 20 of Circular 02/2016/TT-BXD, the apartment management board has the following number:
“- For the management board of an apartment building, there are from 03 to 05 members;
– For the management board of an apartment complex, there are from 06 to 25 members, of which each building in the cluster has the number of 03 to 05 members.”
The composition of the Management Board of the multi-owner apartment building is specified as follows:
“The management board of the apartment building consists of 01 head, 01 or 02 deputy committees and other members decided by the apartment building conference.
If the investor still owns the area in the apartment building, the representative of the investor elected by the apartment building meeting as the head of the management board of the apartment building; if he not elected the head of the committee, he/she may participate as the deputy of the management board of the apartment building;
The management board of the apartment complex consists of 01 head; each building in the cluster shall hold a meeting to appoint 01 or 02 representatives to be the deputy committee and other members decided by the apartment complex meeting.
In case the investor still owns the area in the apartment complex, the representative of the investor elected by the apartment complex meeting as the head of the management board of the apartment complex.
For each building in the apartment complex where the investor still owns the area, the investor may appoint a representative to participate as the Deputy Management Board of the cluster, unless the representative of the investor of that building elected as the Head of the management board of the apartment complex”.
The composition of the management board of an apartment building or apartment complex with one owner includes 01 head, 01 or 02 deputy committees and other members decided by the apartment complex meeting.
Model of apartment management board in accordance with the law
According to Article 18 of Circular 02/2016/TT-BXD, there are regulations on the model of apartment management board as follows:
Firstly
The management board of an apartment building or apartment complex with multiple owners established and operates under the model of the Board of Directors or the Board of Directors of the cooperative or the model of the Board of Directors of a joint-stock company. The apartment building meeting decides the operation model of the apartment building management board.
Secondly
In case the Management Board of the apartment building established and operates under the model of the Managing Board or the Board of Directors of the cooperative, the convening and organization of meetings of the Management Board shall comply with regulations of the Cooperative Law. In case the Management Board of the apartment building established and operates under the model of the Board of Directors of a joint-stock company, the convening and organization of meetings of the Management Board shall comply with the provisions of the Law on Enterprises.
Voting and recording of meeting minutes of the apartment building management board must comply with the provisions of Article 25 of this Regulation.
Thirdly
The management board of an apartment building or apartment complex with one owner established and operates under the self-management model; The members of the Board of Management shall agree to assign themselves to exercise the rights and responsibilities specified in Clause 2, Article 41 of this Regulation.”
Thus, we can see in the management board of an apartment building or apartment complex that many owners established and operate, they will have to establish and operate in the form of a management board or a council management of the cooperative in accordance with the provisions of law.
You can also refer to the article related to operation and management of apartment buildings in Vietnam or Conditions for establishing a project management board in Vietnam.
Related questions
After completing the application for the establishment of an apartment management board, the application is valid and approved, the management board of the apartment building will be recognized for establishment and a notice of the operation of the apartment management board will be issued.
a) Name of the Board of Directors and operation model of the Board of Directors;
b) Number of members of the Management Board;
c) Full name and title of Head, Deputy Head of the Board of Management;
d) Operational term of the Board of Directors;
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