Osaka Complex apartment building collects maintenance fund against the law

Reflecting to VTC News electronic newspaper, many residents of Osaka Complex apartment building (Hoang Liet, Hoang Mai, Hanoi ) said that the payment of 2% of the maintenance fund fee at this apartment building has many unusual points.

Specifically, according to the notice of closing 2% of the maintenance fund of CT Vietnam International Joint Stock Company by Ms. Hoang Thi Kim Oanh - Deputy General Director (According to the Authorization Letter dated August 23, 2017), the maintenance fund is paid into the account number "Hoang Kim Oanh - Nguyen Thu Thinh - Duong Thi Ngoc Mai" opened at Vietnam Joint Stock Commercial Bank for Investment and Development, not the account number according to the apartment sale contract opened by the investor at MB bank.

The notice only has Ms. Oanh's signature, but does not have the seal of CT Vietnam International Joint Stock Company.

After paying the money, people were not provided with any receipt or confirmation of payment.

Many residents said that because they thought Ms. Oanh represented the investor, they trusted her and transferred money to the above account number. Only when many devices were due for maintenance but there was no money, many residents were shocked because they did not know whether the account number belonged to the investor or not.

Specifically, although more than 90% of the apartments have completed paying 2% of the maintenance fund, on July 17, 5/6 elevators at Building B of Osaka Complex were locked and stopped working, and the garbage elevator and garbage collection were not handled, causing hundreds of households to be upset.

Osaka Complex apartment building collects maintenance fund against the law - 1 — Osaka apartment building collects maintenance fund illegally.

Responding to VTC News electronic newspaper, Ms. Nguyen Bich Ngoc - Deputy Head of the Urban Management Department of Hoang Mai District affirmed: " Collecting 2% of the maintenance fund into the above personal account number is not in accordance with the law ."

Because, according to regulations, the investor must open a payment account at a credit institution operating in Vietnam to receive maintenance money paid by buyers, lessees of apartments or other areas in the apartment building. When opening the account, the investor must clearly state the name of the account as a deposit for apartment building maintenance funds in the form of a term. Therefore, collecting maintenance funds through an account in the name of 03 individuals is essentially against the regulations.

According to Ms. Ngoc, this collection account was established in 2019, when more than 100 apartments were occupied (concentrated in Tower A). In the context of the Investor's legal representative being arrested, the residents living in the building agreed to establish a 13-member Temporary Management Board to represent the residents in working with state agencies to carry out legal and administrative procedures (issuing red books, etc.) to stabilize their lives, and at the same time agreed to establish a co-ownership account in the name of 03 individuals: Ms. Hoang Thi Kim Oanh, Ms. Duong Thi Ngoc Mai (member of the Temporary Management Board - apartment A1205), Mr. Nguyen Thu Thinh (member of the Temporary Management Board - apartment A1101) to temporarily collect the 2% maintenance fee from apartment owners (Minutes of the resident meeting on December 27, 2018).

Regarding the handling of the improperly collected maintenance fund, Ms. Ngoc said that the District People's Committee will ask for the opinion of the City People's Committee on the management and use of this account during the time when the official Management Board has not been established.

Osaka Complex apartment building collects maintenance fund against the law - 2 — Many elevators at the Osaka Complex apartment building were cut off on July 17, causing residents to be upset.

Besides, Ms. Oanh's notice to collect 2% of the Osaka Complex apartment maintenance fund according to Ms. Ngoc is also incorrect because according to the authorization letter, Ms. Oanh is not entitled to collect 2% of the maintenance fund because it is not within the scope of authorization.

However, the collection of 2% of the maintenance fund into the 03 personal accounts was based on the agreement of some residents as mentioned above.

Further analyzing this issue, lawyer Truong Anh Tuan - Director of Truong Son Law Firm said that according to the provisions of the law, the payment of maintenance fees is clearly stipulated that the maintenance fees for common property are transferred to the account of the Investor responsible for collecting and paying maintenance fees. If later, a Management Board is established, the Investor is responsible for transferring the maintenance fees back to the Management Board.

“ The documents show that the investor’s authorization letter to Ms. Hoang Thi Kim Oanh and other co-owners of the account does not mention the collection of the 2% maintenance fund fee. And the payment of this 2% fee shows signs of not being implemented in accordance with the current housing law in 2014 and related legal documents ,” emphasized lawyer Tuan.

If the authorization does not include the management of maintenance funds, the authorized person receiving the maintenance funds is exceeding the scope of authorization and is not on time. This must be handled in accordance with legal regulations to use the maintenance fund for the right purpose and at the right time. Anyone who makes a mistake, does not do the right thing, or does not comply with the purpose of the maintenance fund must be responsible before the law and compensate for any damage caused.

According to Mr. Tuan, when depositing money into a personal account, what role does this individual have? Does he have legal status or legal responsibility when receiving regular funding sources?

Not to mention whether personal accounts are controlled transparently, spent at the right time and place to serve building maintenance or for some other personal gain.

In condominium meetings, the accounts have been regulated and there are regulations applying the use of personal accounts to carry out management, causing insecurity and insecurity for residents and making it difficult to control the transparency and rationality of cash flow spent when reporting monthly.

“ Finally, using personal accounts to carry out management or revenue and expenditure activities is known to lead to tax reconciliation that is not clearly controlled, which can easily lead to illegal tax evasion ,” emphasized lawyer Tuan.

Will handle strictly if Nam Minh Hoang cuts the elevator, the month of people's trash
On July 20, the People's Committee of Hoang Mai district sent a document to Nam Minh Hoang Company Limited (the unit managing the Osaka Complex apartment building) requesting: Immediately restore and maintain the operation of the entire elevator and garbage elevator system, ensuring safety conditions during operation.
In case Nam Minh Hoang Company Limited intentionally fails to seriously perform the management and operation of the building (elevator operation, garbage collection, etc.) and other services under the Company's responsibility, affecting the lives, property and legitimate needs of residents, causing insecurity and disorder in the area, it must take full responsibility before the law.
The District People's Committee will resolutely handle violations according to regulations if Nam Minh Hoang Company Ltd. deliberately fails to comply, causing serious consequences.
According to the Investment Cooperation Contract between CT Vietnam International Joint Stock Company (Party A) and Nam Minh Hoang Company Limited (Party B): "Party B is responsible for managing and operating the Works belonging to the Project Part before handing over to Party A, so that Party A can hand over to the Apartment Building Management Board that has sufficient conditions for management and operation according to the provisions of this Article and the provisions of law".
“ Thus, at present, Nam Minh Hoang Company Limited is responsible for managing and operating to ensure services for the building and is responsible for maintaining equipment to ensure safety during the management and operation process ,” the District People's Committee emphasized.

Ngoc Vy

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