The developer is suing!

(CLO) Recently, Ha Do Group Joint Stock Company filed a lawsuit against the Management Board of Ha Do Park View apartment building in Dich Vong ward, Cau Giay district, Hanoi, regarding disputes related to the underground parking area of ​​the building.

The developer is suing the management board.

The dispute over ownership of the underground parking area in the Ha Do Park View apartment building between the developer (Ha Do Group) and the building's management board has dragged on for many years. Particularly in 2024, the dispute between the two parties turned the building into a "hot spot," significantly impacting residents' lives and potentially causing social disorder and insecurity in the area.

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

After numerous meetings with the People's Committee of Dich Vong Ward and the People's Committee of Cau Giay District, the parties involved still could not reach a consensus. Therefore, Ha Do Group has officially filed a lawsuit to protect its rights.

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

Ha Do Group demands that the Management Board of Ha Do Park View apartment building cease all acts infringing upon the ownership rights, legal usage rights, and economic exploitation and enjoyment rights of this enterprise in the building's parking area.

Ha Do Group demands that the building management board refund all service fees collected from residents and users of services related to the underground parking area. Furthermore, the management board is required to return any profits obtained from the unauthorized possession and use of these funds. The total estimated refund amount is approximately 62.2 million VND.

Regarding this matter, on January 15th, the People's Court of Cau Giay District issued a notice of acceptance of the case. Within 15 days of receiving the notice, the notified party (the building management board) must submit to the court their opinion on the plaintiff's (Ha Do Group's) claim and accompanying evidence, counterclaims, and independent claims.

If, after this deadline, the notified party (the building management board) fails to submit their opinion on the lawsuit to the court, the court will rely on the evidence in the file to resolve the case according to the law.

What is the cause?

Reportedly, the "conflict" at Ha Do Park View still stems from determining common and private property related to the underground parking area of ​​the apartment building.

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

However, the investor, Ha Do Group Joint Stock Company (Ha Do Group), has repeatedly asserted that only a portion is common property. The parking area, in particular, is the private property of the investor.

The "battle" at Ha Do Park View still stems from determining common and private property related to the underground parking area of ​​the apartment building. (Photo: DT)

According to Mr. Phung, the Ha Do Park View building has been in operation for 10 years, spanning three different management boards. During the first two terms, Mr. Phung, elected as Vice-Management Board Chairman, repeatedly raised the issue of clearly separating common and private ownership in the building's underground parking garage, but this remained unresolved. In April 2024, with the establishment of a new management board, Mr. Phung resolved the matter to clarify the distinction.

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

However, a representative from Ha Do asserted that it is unreasonable for the management board and some residents to base their claim that the entire parking area in the basements, including the car parking area, is common property on this document.

Because, based on the legal regulations at the time the contract was signed, specifically the Housing Law of 2005 and Decree 71 of 2010, "parking space" was defined as a parking area for bicycles, motorbikes, and vehicles for disabled people, excluding car parking areas. Therefore, Ha Do asserts that the car parking area is the private property of the investor.

At the same time, Ha Do does not allocate the investment cost for the underground parking area to the apartment selling price. Instead, Ha Do leaves this asset for business and exploitation, which is clearly shown in the audited financial statements and disclosed in accordance with regulations for listed companies.

Ha Do stated that it has fulfilled its commitments in the sales contract. Regarding the motorbike, bicycle, and disabled vehicle parking areas, they continue to operate normally, and Ha Do has not interfered as these are shared assets. However, the car parking area is private property, and Ha Do asserts that it has the right to determine the "fate" of this asset.

"Ha Do affirms that the parking area in the building is the private property of the investor and is not part of the building's common area," a representative from Ha Do said.

Furthermore, Ha Do Group also affirmed that it had sent numerous written responses to the Management Board to assert its exclusive ownership of the parking space in the basement of the apartment building.

To ensure the smooth operation of the basement parking area in particular and the Ha Do Park View apartment complex in general, and to minimize conflicts and ensure peace for residents during the Tet holiday, Ha Do Group is temporarily suspending parking fees for residents in the basement.

"While awaiting the official ruling from the Cau Giay District People's Court regarding the ownership of the basement at Ha Do Park View building, we are temporarily suspending parking fees in the basement so that residents can enjoy a peaceful and fulfilling Tet holiday. We always prioritize building a safe and peaceful living environment for our residents," said a representative of the company.

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