Investor sues!

(CLO) Recently, Ha Do Group Joint Stock Company filed a lawsuit against the Management Board of Ha Do Park View Apartment Building, Dich Vong Ward, Cau Giay District, Hanoi regarding disputes related to the car parking area in the basement of this building.

Investor sues Management Board

The dispute over ownership of the car parking area in the basement of the Ha Do Park View apartment building between the investor (Ha Do Group) and the building's Management Board has lasted for many years. In particular, in 2024, the dispute between the two sides has turned this apartment building into a "hot spot" that significantly affects the lives of residents and potentially disrupts social order and security in the area.

Ha Do Park View apartment building, in Dich Vong ward, Cau Giay district. (Photo: DT)

After many working sessions with the People's Committee of Dich Vong Ward and the People's Committee of Cau Giay District, the parties involved still could not find a common voice. Therefore, Ha Do Group officially filed a lawsuit to ensure its rights.

In the lawsuit, Ha Do Group requested the court to recognize the car parking area in the basement of the apartment building as the private property of the Company.

Ha Do Group requests the Management Board of Ha Do Park View apartment building to stop all acts of infringement of ownership rights, legal usage rights as well as the right to exploit and enjoy economic values ​​of this enterprise in the building's car parking area.

Ha Do Group requests the Building Management Board to refund all service fees collected from residents and service users related to the car parking area in the building's basement. At the same time, the Management Board is requested to refund the income earned from the amount of money possessed and used without legal basis. The total amount of refund is estimated to be about 62.2 million VND.

Regarding this issue, on January 15, the People's Court of Cau Giay District issued a notice accepting the case. Within 15 days from the date of receipt of the notice, the notified person (the Building Management Board) must submit to the court its opinion on the plaintiff's request (Ha Do Group) and accompanying documents and evidence, counterclaim, and independent request.

If the notified person (Building Management Board) fails to submit to the court his/her opinion on the lawsuit request within this period, the court will base on the documents and evidence in the file to resolve the case according to the law.

What is the cause?

It is known that the "war" at Ha Do Park View still stems from the determination of common property and private property related to the car parking area in the basement of the apartment building.

Mr. Le Phi Phung, Head of the Management Board of Ha Do Park View apartment building, said: In the apartment sale contract between residents and the investor in 2012 - 2013, Article 9.2 clearly stipulates the common ownership. In which, it is clearly stated that the parking space in the basement is a common ownership.

However, the investor, Ha Do Group Joint Stock Company (Ha Do Group), has repeatedly affirmed that only a part is jointly owned. The car parking area is the private property of the investor.

The “war” at Ha Do Park View still stems from the determination of common property and private property related to the car parking area in the basement of the apartment building. (Photo: DT)

According to Mr. Phung, the Ha Do Park View building has been in operation for 10 years, through 3 different Board of Directors. In the first 2 terms, Mr. Phung was elected as Deputy Board of Directors and repeatedly mentioned the clear division of common and private ownership in the building's parking basement, but it has not been resolved. By April 2024, when there is a new Board of Directors, Mr. Phung is determined to make it clear again.

Meanwhile, according to a representative of Ha Do Group, the investor of Ha Do Park View project, the sales contract stipulates that "the parking space in the basement is jointly owned".

However, Ha Do representative affirmed: It is unreasonable for the management board and some residents to base on this content to assert that the entire parking area in the basements, including the car parking area, is a common property.

Because, based on the legal regulations at the time the contract was signed, specifically the Housing Law 2005 and Decree 71 of 2010, it was determined that "parking area" is a place to park bicycles, motorbikes, and vehicles for the disabled, not including car parking areas. Therefore, Ha Do affirms that the car parking area is the private property of the investor.

At the same time, Ha Do does not allocate the cost of investing in the basement car parking area into the apartment selling price. Instead, Ha Do leaves the assets for business and exploitation, which are clearly shown in the audited financial statements and information disclosure according to regulations for listed companies.

Ha Do said that it had fulfilled its commitments in the sales contract. Regarding the parking area for motorbikes, bicycles, and vehicles for the disabled, which still operates normally, Ha Do did not intervene because this is common property. However, the car parking area is private property, so Ha Do asserted that it has the right to decide the “fate” of this property.

"Ha Do affirms that the car parking area of ​​the building is the private property of the investor, not part of the common property of the building," said a Ha Do representative.

In addition, Ha Do Group also confirmed that it has sent many documents to the Management Board to confirm its private ownership of the car parking area in the basement of the apartment building.

To ensure the maintenance of normal operations in the basement in particular and Ha Do Park View apartment in general, while minimizing conflicts and ensuring peace for residents during Tet, Ha Do Group has temporarily stopped collecting parking fees for cars in the basement for residents.

"While waiting for the official determination of the People's Court of Cau Giay District on the ownership of the basement at Ha Do Park View building, we have temporarily stopped collecting parking fees in the basement so that residents can have a peaceful Tet holiday. We always put the goal of building a safe and peaceful living environment for residents first," said a representative of this business.

Source: https://www.congluan.vn/cuoc-chien-ham-de-xe-tai-ha-do-park-view-chu-dau-tu-khoi-kien-post331402.html