Board of Management
Decision No. 08/2008/QD-BXD dated May 28, 2008 of the Ministry of Construction promulgating the Regulation on use management of condominiums as follows:
Condominium meeting means a meeting of condominium owners and users. Condominium owners and users may appoint their representatives or authorize others to attend such a meeting.
A condominium meeting may be organized for a condominium or a group of condominiums. If a condominium meeting is organized for a condominium, it must be attended by more than 50% of the total number of condominium owners and users. If a condominium meeting is organized for a group of condominiums, each condominium must send its representatives to attend; the number of representatives of each condominium must represent over 10% of its owners and users.
Organization of Condominium meetings
A condominium meeting shall be organized once every year; when necessary, an extraordinary meeting may be organized when more than 50% of the total number of owners and users so request in writing or when the Management Board so requests together with the written request of 30% of the condominium owners and users.
Within no more than 12 months after a condominium is handed over and put to use and 50% of its apartments or more have been sold (including those retained by the developer), the developer (for multi-owner condominiums) or the owner (for single-owner condominiums) shall organize the first condominium meeting. In case the condominium developer can not be identified, the unit managing that condominium or the People's Committee of the concerned urban district, rural district, provincial capital or city (below collectively referred to as district-level People's Committee) shall assume the prime responsibility for organizing the first condominium meeting.
Decisions in the condominium meeting
The condominium meeting is the body having the highest power in the use management of that condominium under the provisions of the housing law and this Regulation. The condominium meeting shall decide on the following issues:
a/ Nomination and election of the Building Owner's Committee; nomination, additional election, dismissal of Owner's Committee members, in case of organizing an extraordinary condominium meeting; adoption or supplementation, amendment of the working regulation of the Management Board: adoption of responsibility allowance levels for Management Board members and other reasonable expenses in service of the Management Board's operation;
b/ Adoption or supplementation, amendment of regulations on condominium use management as provided for in Article 9 of this Regulation;
c/ Adoption of the selection of enterprises to manage the condominium operation and enterprises to maintain the condominium;
d/ Adoption of working reports on operation management and maintenance and financial reports of units assigned to perform such tasks:
e/ Decision on other contents concerning the condominium use management.
For a single-owner condominium, it is unnecessary for condominium meetings to realize the contents specified at Points c and d of this Clause.
4. All decisions of a condominium meeting must be made on the principle of majority and adopted by show of hands or ballot, which must be recorded in writing.
Building Owner's Committees
Building Owner's Committees are prescribed in Clause 1 of Article 71 Article 72 of the Housing Law. The composition of a condominium management board is provided as follows:
a/ For a multi-owner condominium, the Building Owner's Committee is composed of representatives of condominium owners and users and representatives of investors or condominium management unit. It may comprise between 5 and 15 members, depending on the specific conditions of that condominium or group of condominiums. The Building Owner's Committee has one head, one or two deputy heads, including one deputy head who is appointed by the developer or the condominium management unit to join the Building Owner's Committee.
When the developer is merged or transfers his/ her/its rights and obligations to another enterprise, that enterprise shall appoint its official to join the Building Owner's Committee. The developer may withdraw from the Management Board when the latter operates well and the condominium use management has been put into order and if so approved at a condominium meeting or by the district-level People's Committee.
b/ For a single-owner condominium, the Management Board shall be composed of the owner and representatives of condominium users.
Condominium management boards shall operate on the principles of collectivism and make decisions by majority.
Within 15 days after its election by a condominium meeting, the management board shall register with the district-level People's Committee for recognition. Within 15 days after receiving the written registration of the condominium management board, the concerned district-level People's Committee shall issue a decision to recognize the condominium management board. The office term of a management board must not exceed three years, counting from the date the district-level People's Committee signs the recognition decision.