With the rapid pace of urbanization, apartment buildings are becoming increasingly common in major cities. Alongside this development, the management, use, and operation of these buildings require coordination among owners through apartment building meetings. These meetings allow owners to exercise their supervisory rights and make decisions regarding shared property, operating costs, and building management activities. In this article, TNTP provides an overview of the current legal regulations governing apartment building meetings.
1. What is an apartment building meeting?
• According to the Law on Housing 2023 and Circular No. 05/2024/TT-BXD, in the case of an apartment building with a single owner, the apartment building meeting is a gathering of that owner and the users of the building. For buildings with multiple owners, the meeting involves all the owners or authorized users who have been granted valid written authorization with the signature of the respective owners.
• For an apartment building or a complex of apartment buildings with a single owner, participants in the apartment building meeting include a representative of the owner, the users of the apartment building, and an invited representative of the Commune-level People’s Committee where the building is located.
• For an apartment building or a complex of apartment buildings with multiple owners, the composition of participants in the apartment building meeting is as follows:
– The participants of the first apartment building meeting include: a representative of the developer, representatives of apartment building owners who have received their units, representatives of the apartment building operation management unit (if any), and a representative of the Commune-level People’s Committee where the apartment building is located.
– The participants of extraordinary and annual apartment building meetings include: representatives of apartment building owners who have received their units, a representative of the developer (if the developer still owns any area in the apartment building), representatives of the apartment building operation management unit (if such a unit is hired), and a representative of the Commune-level People’s Committee.
• The types of apartment building meetings include: the first apartment building meeting, the annual apartment building meeting, and the extraordinary apartment building meeting.
2. The time and conditions for organizing apartment building meetings
2.1 First apartment building meeting
• Regarding the timing: The first apartment building meeting serves as the foundation for establishing the management structure and regulations for the building. According to Article 15 of Circular No. 05/2024/TT-BXD, the initial apartment building meeting must be held within 12 months from the time when more than 50% of the apartments have been handed over to the buyers or tenants. For apartment complexes, the meeting must be organized when at least 50% of the apartments in each building of the complex have been handed over to the buyers or tenants.
• Condition on the number of attendees: According to the law, for the first apartment building meeting to be valid, at least 50% of the representatives of the apartment owners who have received their handovers must be present. In cases where the required number of attendees is not met, within 7 working days from the scheduled meeting date as indicated in the invitation, the developer or the representatives of the apartment owners must submit a proposal to the local People’s Committee to organize the meeting.
• Key matters to be decided at the first apartment building meeting: At the first apartment building meeting, the apartment owners shall discuss and vote on several important matters to establish the foundation for the operation and management mechanism of the building. Specifically, the following issues will be addressed:
– Approval of the regulations for organizing apartment building meetings, including both annual and extraordinary meetings;
– Regulations regarding the election of the administration board: This includes the name, number of members, the list of candidates, and the positions of Directors, Vice Directors (if applicable). In cases where the developer still owns part of the property in the apartment building, the developer has the right to appoint a representative to hold the position of Vice Directors, unless there is a written refusal to participate in the Administration Board;
– Plan for providing professional and operational management training to members of the administration board;
– Review, amendment, or supplementation of the regulations on the management and use of the apartment building;
– Decision on matters related to the maintenance plan for common ownership areas, selection of the building management unit, and approval of the administration board’s financial income and expenditure regulations. The service fee for building operation management shall be determined based on legal provisions and the agreement between apartment owners and the management unit;
– Contributions and fees to be paid by apartment owners and users during the use of the apartment building;
– The minimum participation rate of owners and users required for the annual apartment building meeting in the event fewer than 30% of owner representatives attend;
– Selection plan for the maintenance service provider, specific items requiring supervision, and the method of payment for maintenance expenses, except for urgent cases arising outside of the meeting schedule.
The voting rights at the meeting are determined based on the individual ownership area of each owner, according to the principle: each 1m² corresponds to 1 voting ballot, and any fractional area less than 1m² will not be counted. In the event of a disagreement regarding the ownership area, the sale or lease purchase contract will be used as the basis. Decisions made at the apartment building meeting will follow the majority rule.
2.2 Extraordinary apartment building meeting
• Regarding the time of organization: An irregular apartment building meeting can be held at any time during the use of the building, whenever there is a need to address important, urgent issues related to management, operations, repairs, finances, personnel, etc. An extraordinary meeting may be called upon the request of the administration board, or request from at least 50% of the total apartment owners who have received their handover, or at the request of the competent state management authority in specific cases.
• Condition on the number of attendees: Depending on the nature and content of the meeting, the number of attendees must meet a certain ratio according to the legal regulations and the internal rules that were approved during the first meeting.
2.3 Annual apartment building meeting
• Regarding the time of organization: Unlike the irregular meeting, the annual apartment building meeting is held once a year, aiming to summarize and assess the results of building management and operations over the past year; finalize financial statements; and elect or replace positions in the administration board.
• Condition on the number of attendees: The meeting is valid if at least 30% of the apartment owners who have received their handover are present, or a lower percentage according to regulations. In some cases, where the annual meeting includes elections, dismissals, or removal of administration board members, at least 50% of the apartment owners who have received their handover in the apartment building or apartment building complex must be present.
Apartment Building Meetings are meetings that ensure the rights, responsibilities, and collective voice of property owners in the management, operation, and use of the apartment building in a transparent, democratic, and effective manner. Understanding the legal regulations related to the organization and activities of apartment building meetings helps residents fully exercise their rights and benefits.
The above is the legal content and sharing by TNTP regarding “Legal regulations on apartment building meetings: What you need to know.” We hope this article is useful to our readers.
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