Decree on Housing Law addresses disputes over apartment management fees.
Regulations on apartment block maintenance fees were one of notable contents of the Decree guiding the implementation of certain articles of the Law on Housing, which has just been issued by the government.
From December 10, if developers and investors fail to hand over apartment maintenance fees or incomplete the handover to apartment management boards, the management board can send a written request to the provincial people’s committees asking it to direct the developer to forward the fees.
Within 15 days from the date of receipt of such a written request, the provincial people’s committee must conduct a review and inspection. If the developer and the management boards have settled on the amount of maintenance fees but the developer is yet to hand over the funds, the provincial people’s committees must issue a written direction to the developer to do so.
Within no more than seven days from the date of receipt of a written direction from the provincial people’s committees, building developers and investors must hand over the maintenance fees.
If developers and management boards have not yet agreed on the total of maintenance fees they must reach a final agreement and the developer must hand over the fees within ten days of receiving the direction from the provincial people's committee.
The handover of maintenance fees between the two sides must be recorded in written documents certified by the developer and representatives of the management board. After handover is completed the developer must provide written notice to the provincial people’s committee.
If developers do not follow the directed actions above within the timeframe, the provincial people’s committee must issue an enforcement decision, which is sent to the developer, the management board, and credit institutions where the developer has an account.
In the enforcement decision the provincial people’s committee must specify the amount the developer is required to hand over, the time for handing over, the enforcement measures available, such as the credit institution where the developer has an account forwarding the money to an account opened by the management board, and the responsibilities of the parties in following the decision.
Compliance must be done within 30 days from the date an enforcement decision is issued.