Apartment suffering – Infonet

The problem of pink book debt (Certificate of ownership of houses and other properties attached to land) persists in many apartment buildings, making many people tired and bored.

BOOK PROBLEM

At the online exchange “Answers about the management and operation of apartment buildings in Ho Chi Minh City” organized by the Saigon Liberation newspaper, many residents in many apartment buildings in the city are facing problems difficulties and problems when buying an apartment to live in.

Specifically, at Tin Phong apartment building (District 12), Mr. Le Thanh Cong, a resident here said that his family has bought the apartment for more than 10 years but has not yet been issued a pink book. The reason is that the investor and the unit “buying in bulk” a part of the project to resell to customers, arising disputes in the basement, joint – private ownership, sales contract between the two parties…

Mr. Cong shared that the investor and the “wholesale” unit, Hung Thinh Company, have been suing each other to District 12 Court since 04 years, but do not understand why District 12 Court did not bring to trial. Because there is no court decision, the issuance of certificates for home buyers is also “suspended”.

At the Florita apartment complex (District 7), Mr. Nguyen Hung, a resident here said that he has received the house for 5 years but has not been granted an apartment title. When asked the representative of the investor, the answer was “when available”. This makes residents very angry, because they do not have a book, so they cannot mortgage to borrow money to do business!

Or at Screc 2 apartment (former District 2, now Thu Duc city), resident representatives expressed: the apartment has been handed over since 2014 and has not yet been issued a pink book. Many times, the management board and people have sent letters of suggestions and petitions to the Department of Natural Resources and Environment, the People’s Committee of Ho Chi Minh City for answers on this issue, but never received a clear answer.

Answering the questions of apartment residents, Mr. Dang Thanh Xuan, Office of Home and Office Management, Department of Construction, Ho Chi Minh City, said that for Tin Phong apartment building, the investor and the unit “buy in bulk.” “A part of the project for resale to customers arises a dispute over the basement, has separate ownership, and the purchase and sale contract between the two parties is a civil contract. In case the parties have a dispute over rights If you own a basement, you can contact the competent People’s Court for consideration and settlement according to regulations.

However, according to the law, it is the responsibility of the investor to carry out the procedures for applying for a certificate of land use rights, ownership of houses and other land-attached assets for the apartment buyer. .

In case the investor fails to do so, it will be handled according to the provisions of Decree 16 (January 28, 2022) of the Government on sanctioning of administrative violations in construction.

As for Florita apartments, according to a representative of the Ho Chi Minh City Department of Natural Resources and Environment, the project has not yet fulfilled its additional financial obligations due to the adjustment of the project scale. In this case, the investor must fulfill the financial obligations according to the opinion of the General Department of Land Management in Official Letter No. 2746 (November 23, 2021) and Clause 22, Article 1 of Decree No. 148 (Date 18/02). December 2020) of the Government. After that, the investor submits the application to the Department of Natural Resources and Environment for consideration and settlement according to regulations.

For the Screc 2 apartment building, the Ho Chi Minh City Department of Natural Resources and Environment has granted the Land Use Right Certificate to the Housing Business One Member Limited Liability Company (now the Housing Business Development Joint Stock Company). In 2006, the project was transferred to Saigon Housing Investment and Trading Joint Stock Company (not yet registered to update the name on the Certificate).

Since Housing Business One Member Limited Liability Company has been equitized, but has not yet settled its financial obligations upon equitization, the transfer of land from Housing Business Development Joint Stock Company to the Joint Stock Company cannot be considered. Saigon home business investment section. And it is not possible to consider the level of construction ownership for households.

DISPUTE OF MAINTENANCE FEE, IMPOSSIBLE QUALITY

Another problem for many apartments is a dispute about maintenance fees or the sale of the apartment that is not in line with the advertisement, the quality deteriorates during the warranty period but is not handled thoroughly by the investor or the apartment culture. There are many problems…

At Khang Gia Tan Huong apartment building (Tan Phu district), in 2006, many residents said that they had bought apartments on the first floor, for 20 million VND/m2, the investor advertised as residential apartments. However, in 2018, residents of the first floor were shocked when they heard that the Ho Chi Minh City Department of Construction planned to dismantle 71 residential apartments combined with commercial shops on the first floor, because the investor built the wrong construction. , turning commercial floors into apartments. Up to now, the project investor has been wanted by the police. But the treatment of apartments on the first floor is unknown.

According to a representative of the Department of Natural Resources and Environment of Ho Chi Minh City, the content of handling construction violations at Khang Gia Tan Huong apartment building is under the authority of the Department of Construction, after the Department of Construction has solved it, the investor is requested to contact the owner. Contact the Department of Natural Resources and Environment to consider and issue a Certificate for homebuyers according to the provisions of Article 72 of Decree No. 43 (May 15, 2014), now amended and supplemented in Clause 22 of Article 2. 1 Decree No. 148 (dated December 18, 2020) of the Government.

At Phu Hoang Anh apartment building (Nha Be district), there is a dispute about maintenance fees with an amount of more than 46 billion VND. According to residents here, the entire maintenance fee has been transferred to a personal account by the previous administration. Currently, the new Management Board cannot use this money in the maintenance and operation of the apartment. As for the reason, the bank kept this money explained that because of the personal account, the management board could not take it according to the provisions of the law. Therefore, the entire repair of damaged items in the apartment is extremely difficult.

In the case of Phu Hoang Anh apartment building, Mr. Le Trung Phat, Ho Chi Minh City Bar Association, acknowledged: according to the provisions of the Law on Housing, when the management board opens an account to receive maintenance fees from the owner. investment, the management board must set up an account in the name of the management board. Do not open personal accounts. It is against the law for the old admin to open a personal account to keep the maintenance fee.

This behavior shows signs of a criminal offense with “illegal possession of property” under Article 176 of the Penal Code. Therefore, at this point, the management should file a “criminal denunciation” to the Ho Chi Minh City Police for settlement. During the investigation, if the police determine that this money has been used, they can prosecute the crime of “illegal use of property” under Article 177. During the investigation, the police agency are also allowed to freeze this account to avoid future losses. Therefore, residents should act quickly to submit applications.

At the Moscow Tower apartment complex (District 12), the apartment representative said that the project has 02 blocks with 560 apartments that have just been completed and put into operation, which has arisen a series of disputes between residents and the investor. Minh Nguyen Long.

Residents have filed complaints to the authorities a series of acts of the investor, such as handing over project documents to residents incompletely, not handing over 2% maintenance fund (about 17 billion VND). for the management board according to regulations, appropriation, and management of the parking lot… but has not been resolved completely.

According to Mr. Dang Thanh Xuan, Office of Home and Office Management, Department of Construction of Ho Chi Minh City, Moscow Tower apartment building was handed over by the investor, Minh Nguyen Long Co., Ltd., which did not comply with regulations. The Department of Construction has issued an official document guiding the investor and the house management board to strictly comply with relevant laws. At the same time, according to the provisions of Article 48 of the Regulation on management and use of apartment buildings issued together with Circular No. 02 (dated February 15, 2016) of the Ministry of Construction, the Department of Construction has requested the District 12 People’s Committee to inspect Inspect and urge the handover of apartment documents at the Moscow Tower project.

Regarding the investor’s failure to hand over maintenance funds for the common area of ​​the apartment building to the management board according to regulations, the Department of Construction has requested the investor and the apartment management board to finalize the data. , handing over and receiving handover for maintenance costs at Moscow Tower apartment building. In case the investor does not comply, the Inspector of the Department of Construction will conduct an inspection and handle according to regulations or transfer the above incident to the Investigation Police Department of the Ho Chi Minh City Police Department for settlement if the investor has a mark. There are signs of violations in the management and use of maintenance funds as prescribed in Directive No. 02 (September 15, 2021) of the Ministry of Construction on strengthening the management and use of maintenance funds for facilities. share an apartment building.

Another problem that residents are facing is that the apartment culture is having problems, there are no effective and effective solutions to solve it, bad for the civilized image built for the apartment building.

For example, at Him Lam Nam Saigon apartment building (Binh Chanh district), residents are frustrated because there are many cases where the upstairs houses make noise, run and jump during the lunch break and after 10 p.m., do other residents. People downstairs are very uncomfortable, especially those with sick elderly people or babies. There are also cases, the owner of the apartment repair work also during the lunch break.

According to Mr. Dang Thanh Xuan, Office of Home and Office Management, Ho Chi Minh City Department of Construction, for noise handling at rest time, the Department of Construction suggested residents contact the apartment building management board and management unit. operator to take remedial measures. In case of making noise after 10 p.m., residents are requested to contact the local police department to be considered and resolved according to regulations.

The young couple has accumulated hundreds of millions of dollars to buy an apartment and ask for a few billion

With an accumulated amount of about 700 million dong, Hoa and her husband started looking to buy a house in the middle of last year in the hope of getting a loan from a bank to buy installments, but could not find an apartment in a new project for less than 2 billion. copper

According to vneconomy.vn