Common types of apartment disputes and how to resolve apartment disputes, management fee disputes, maintenance, condominium ownership.
The apartment dispute is a story that takes place in many places and seems to have no end. So what to do? settlement of apartment disputes? Let’s find out more details in the following article:
Some types of apartment disputes
The status of apartment disputes other than the reason that the investor does not comply with the commitments and agreements with the customer. This includes the following common types:
– Dispute maintenance fee for apartment
Condominium maintenance fund disputes often appear in many apartment buildings, in which, according to the law, when buying an apartment, people must pay 2% of the apartment’s value as a maintenance fee for the common building. Therefore, with a large-scale building of about hundreds of households, the maintenance fee for the apartment can be up to billions of dong.
Most of the current disputes are because the investor does not hand over the maintenance fee to the people’s management board, and the maintenance costs are not transparent, leading to frustration of the residents living in the building.
Some common types of apartment disputes
– Dispute management fees for apartment buildings
Disputes about apartment management fees are also one of the causes of apartment management disputes.
Normally, apartment building operation management service fees must be paid monthly to the building management board, this money will pay for services such as cleaning, common electricity and water, security, etc. building. These fees are also easily disputed due to the lack of transparency in revenue and expenditure, especially in high-end apartments.
– Disputes on management and use of the apartment
Disputes related to the management and use of the apartment building are conflicts and disputes between the apartment investor and the apartment owners or lawful users in the process of managing and using the apartment building, including: disputes over shared ownership of the apartment building and private use; apartment basement ownership disputes; manage the control and maintenance of the system of equipment, services, etc.
In addition, the remaining cause is partly caused by home buyers. Although now there are many home buyers who are more careful in buying houses, there are also quite a few people who leave the house buying to the distribution unit to handle, until they receive the house, they are not satisfied, leading apartment disputes arise.
Settlement of apartment disputes
Subjects required to participate in the settlement of apartment disputes
– Disputing parties:
(i) The investor is the seller in the apartment sale and purchase contract. Normally, the investor is the party that is sued by the household owners or the Management Board representing the household heads when the householders believe that the investor does not comply with the apartment purchase and sale contract or commits other illegal acts infringing upon the owner. harm the rights of the legitimate owners of the apartment;
(ii) The owners/owners of the apartment are the legal owners of the apartment by directly buying and selling the apartment with the investor or through a legal transfer relationship. When the householders think that their rights are being infringed by the investor through contract violations, violations of the law, for example, arbitrarily appropriating the area that is supposed to be used for the common activities of the household. If the building is used as a place for a cafe to rent, to increase income for the investor, the householders have the right to complain or sue the investor for the above behavior;
(iii) The Management Board of the apartment building, According to the provisions of Article 17, Circular No. 02/2016/TT-BXD, is an organization with legal status and elected by the household heads, on behalf of the residents of the building. to exercise the rights and responsibilities of the heads of households in accordance with the law on housing. When the Board of Directors is established, it will represent the householders to settle all disputes with the investor, as a complainant or petitioner.
– Dispute settler:
For disputes where the investor and the Management Board or the household heads reach an agreement through negotiation, the dispute resolution agencies may be the mediation organizations. If the dispute cannot be resolved by mediation, the dispute will be brought to arbitration or a court for trial. Due to the special nature of apartment disputes as analyzed, government agencies such as People’s Committees of wards, People’s Committees of districts and districts also participate in the role of mediator to ensure the community’s interests and order. security.
– Parties involved in the dispute:
Agencies such as apartment building operation management service providers, organizations and individuals related to the subject of the dispute, benefiting or suffering damage from the dispute, are identified as related parties. .
Subjects are required to participate in the settlement of apartment disputes
How to resolve apartment disputes
Currently, the legal provisions to handle apartment disputes have been paid attention, but there are still not really enough sanctions and legal framework to handle apartment disputes, making the settlement of apartment disputes. delay, causing confusion for everyone, even if the dispute is prolonged, it causes damage to all parties.
The apartment dispute can only be resolved when both residents and the investor look to the same side, and calmly talk to solve all problems, then the whole problem can be solved.
Best in apartment management, all work needs to be handled according to commitments and provisions of the law, clarifying all right and wrong will help minimize company disputes, thereby protecting the image of the owner. investment, keeping the relationship with the best stable living environment for residents.
– Firstly, negotiation is the first measure usually applied by the parties when there is a dispute related to the management and use of the apartment building between the investor and the owners. This is a method of dispute settlement through which the disputing parties jointly discuss, self-settle and resolve arising disagreements to eliminate disputes without the assistance or judgment of any party. which third.
The peculiarity of applying the negotiation method to settle disputes about management and use of the apartment building is due to the imbalance in status between the investor and the apartment owner, so in the process of agreement, the The apartment owner may be disadvantaged in terms of benefits.
In addition, due to the large number of household heads and not all cases, it is possible to reach consensus among the household heads, so it will be difficult to reach an agreement if using negotiation method. The settlement of apartment disputes between investors and apartment owners by negotiation must comply with the limits of negotiation specified in Clause 2, Article 29 of the Law on Consumer Protection 2010, according to which “No negotiation is allowed, conciliation in case the dispute causes damage to the interests of the State, the interests of many consumers, the public interest”.
Ways to resolve apartment disputes
– Second, settlement of apartment disputes by mediation is a form of dispute resolution involving an independent third party, mutually accepted or appointed by both parties to act as an intermediary to assist in the settlement of disputes. the parties find appropriate solutions to help end existing conflicts and conflicts. Features of applying the mediation method to settle disputes in the management and use of apartment buildings include:
(1) Select a mediator to mediate with sufficient qualifications and knowledge to be able to advise the parties as well as satisfy the conditions suitable to the requirements of both the investor and the property owners. household.
(2) The results of dispute settlement by conciliation depend on many factors such as: The voluntary will and goodwill of the disputing parties because there is no legal mechanism to guarantee the implementation of the commitments of the disputing parties. the parties in the mediation process; The mediator’s skills such as having professional qualifications, knowledge of the law, experience, independence from the disputing parties to be able to resolve or contribute to reducing disagreements, barriers and differences in views of the parties.
(3) Settlement of apartment disputes by mediation ensures confidentiality and confidentiality as shown in: The conciliation meeting is held in secret, not publicly, outsiders can only know the procedure. and content if agreed by the parties; not publicize the content exchanged in the meeting; the publication of settlement terms is a matter that must be agreed upon by both parties; The parties may not use the statements in the mediation as evidence if they have to go to Court later, and the mediator is also usually bound by the principle of confidentiality. Therefore, being able to control relevant documents and evidence should preserve the business know-how and reputation of the parties. While settling at the Court, these requests are not guaranteed because the Court conducts the trial on the principle of publicity.
– Thirdly, commercial dispute settlement by arbitration is a form of dispute resolution that is increasingly popularly applied today and indispensable in the market economy.
This is a method of dispute settlement chosen by the parties agreed to be conducted through the operation of the arbitral tribunal or the arbitrator as an independent third party according to the procedural order prescribed by law. , in order to settle disputes between the disputing parties. Features of the application of arbitration to settle disputes in the management and use of apartment buildings include:
Dispute settlement by arbitration arises only on the basis of an agreement between the disputing parties. Thus, in order to bring a dispute to arbitration, before or after a dispute occurs, the two parties must have an arbitration agreement. Therefore, it is not in all cases that the parties have or reach an arbitration agreement.
Settlement of apartment disputes by arbitration is a method of dispute resolution that does not carry the will of the State power, that is, does not make decisions in the name of the State power to make a judgment, like that of the Court, but in the name of the will. of the disputing parties. The arbitrator’s award is final, not subject to appeal or protest, and is enforceable for the parties, without having to go through many levels of trial like the Court. If one of the parties fails to perform, the other party has the right to request the Court to recognize and enforce the arbitral award.
– Fourth, the Court is a method of settling disputes at the adjudication agency in the name of the State power, conducted according to strict and strict order and procedures and the Court’s judgment or decision on the case. dispute, if there is no voluntary compliance, it will be enforced by the coercive power of the State. Features of applying the negotiation method to settle disputes over management and use of apartment buildings include:
In the court procedure, the self-determination of the parties is at the lowest level compared to other methods, and the law intervenes in the entire dispute settlement process. The parties will have to comply with rigid, mandatory and complicated procedures. In addition, the Court’s proceedings include many different levels of trial from first instance, appellate court to cassation or reopening, thus often prolonging the time of the disputing parties, leading to loss of opportunity. business association, wasting effort, time and money of both parties.
Another disadvantage of the method of resolving apartment disputes by Court is the principle of public trial. This principle does not guarantee the confidentiality of the disputing parties’ business. Therefore, the reputation of the business will not be preserved, even if the business is the winning party. And once the matter has been brought to court, the cooperative relationship between the two parties can hardly be maintained. At the same time, in cases, disputes are often protracted. Affect the rights and interests of the people in the long run.
For residents/owners of apartments, to avoid disputes, before signing a contract, home buyers need to ask the investor to provide them with relevant information. Home buyers should pay attention to important contents in the contract, including the agreement on the contract value, in addition to the cost of buying a house, it is necessary to agree on additional fees arising in the future such as building management fees. , parking fees, building maintenance fees… Besides, it is necessary to clearly define the initial costs when buying a house that people need to pay to avoid disputes later.