Residents of Topaz Home 2 - Block B apartment building claim that the reason for the delay is that Thuan Kieu Agricultural and Commercial Services Joint Stock Company (Thuan Kieu Company - the project's investor) has not yet handed over the maintenance fund. For nearly two years, residents have submitted petitions to relevant authorities, but the issue has not been thoroughly resolved.
The people are appealing to the authorities to intervene.
According to Mr. Nguyen Thanh Khai, Head of the Management Board of Topaz Home 2 - Block B apartment building, in 2018 he and many others signed contracts to purchase apartments in this social housing project, developed by Thuan Kieu Company. In October 2020, Thuan Kieu Company began handing over apartments to buyers. In 2021, residents gradually moved into the apartment building.
Topaz Home 2 Apartment Building - Block B, Tan Phu Ward, Thu Duc City
Following the condominium owners' meeting on August 15, 2022, the People's Committee of Tan Phu Ward issued a decision recognizing the Management Board of Topaz Home 2 - Block B, consisting of one chairman, two vice-chairmen, and two members. On October 10, 2022, the management board sent a letter requesting Thuan Kieu Company to hand over legal documents and over 12 billion VND in maintenance funds as required. From 2022 until now, the management board has repeatedly requested this, but Thuan Kieu Company has failed to hand over the maintenance fund.
Water flooding incident in the elevator at Topaz Home 2 - Block B apartment building in 2023.
Outraged, the Management Board of Topaz Home 2 - Block B apartment building sent a petition to relevant authorities seeking intervention and resolution. Accordingly, on December 25, 2023, for the seventh time, the management board sent a petition to the People's Committee of Ho Chi Minh City, the Ho Chi Minh City National Assembly Delegation, the Department of Construction, and the People's Committee of Thu Duc City, requesting assistance and proposing that the case be transferred to the Thu Duc City Police for investigation and prosecution of Thuan Kieu Company for failing to hand over the maintenance fund to the residents.
Electrical short circuit in the water pump in 2023 at Topaz Home 2 - Block B apartment building.
According to the management board's petition, after more than two years of operation, systems such as fire protection, elevators, and generators have begun to malfunction and deteriorate but have not been maintained or repaired. This will lead to incidents and endanger the lives of the 600 households living here.
More worryingly, the fire protection system is not maintained, resulting in false alarms, and the entire system shows signs of rust and severe damage.
"Given the current state of the fire safety system, if a fire or explosion were to occur in the apartment building, we don't know what would happen. The lives of 600 households living in the building are being threatened, and we urgently appeal to the authorities to intervene and address the issue to ensure the safety of the residents," Mr. Khai shared.
Have the developer and the management board failed to reach an agreement?
Regarding the failure to hand over the maintenance fund for Topaz Home 2 - Block B apartment building, on February 23, 2023, the People's Committee of Tan Phu Ward held a meeting between the management board, the investor, and relevant agencies.
At this meeting, Mr. Bui Thanh Binh (representing the investor) requested the management board to establish an account in accordance with legal regulations (the management board's maintenance fund account does not have the name of the investor's representative, who is currently the deputy head of the management board, as co-owner - PV). Because the management board has not complied with this, the investor has not transferred the maintenance fund.
The elevators at Topaz Home 2 - Block B are broken due to a lack of maintenance funds.
Subsequently, on August 5, 2023, Thuan Kieu Company sent a letter to the management board regarding the handover of the maintenance fund. Thuan Kieu Company stated that the management board had not followed the instructions of the Construction Department's Inspectorate regarding the establishment of the account, and therefore there was no basis to transfer the maintenance fund.
Speaking to a reporter from Thanh Nien newspaper, Mr. Nguyen Thanh Khai said that the management board currently has one chairman, two vice-chairmen (one representing the residents, one representing the investor), and two members. The maintenance fund account of the management board is jointly held by the chairman, the vice-chairman (representing the residents), and one member.
According to Mr. Khai, Thuan Kieu Company's argument that the area designated for the kindergarten within the apartment building is the private property of the developer, and therefore requiring the deputy head of the management board (representing the developer) to co-own the maintenance fund account, is unfounded. At the 2022 apartment building residents' meeting, residents also agreed that the head of the management board, the deputy head (representing the residents), and one member would be the co-owners of the maintenance fund account.
The generator at Topaz Home 2 - Block B apartment building frequently malfunctions due to a lack of maintenance funds.
Refer to the police if criminal offenses are discovered.
On March 15th, the Ho Chi Minh City National Assembly delegation forwarded the complaint from the Management Board of Topaz Home 2 - Block B apartment building to the Department of Construction and the People's Committee of Thu Duc City for handling and response within their authority.
Previously, on May 24, 2023, the Ho Chi Minh City Department of Construction sent a letter to the Thu Duc City People's Committee regarding the complaint from the Management Board of Topaz Home 2 - Block B apartment building. The Department of Construction requested the Thu Duc City People's Committee to proactively inspect and handle any violations (if any) by individuals and organizations involved in the Topaz Home 2 - Block B apartment project within its authority. If signs of criminal law violations in the management and use of maintenance funds for common areas are detected, the Thu Duc City People's Committee is requested to forward the information and documents to the police for investigation and handling.
According to the People's Committee of Thu Duc City, after receiving a complaint from the Management Board of Topaz Home 2 - Block B apartment building, Thu Duc City coordinated with relevant agencies to work with Thuan Kieu Company. The People's Committee of Thu Duc City requested Thuan Kieu Company to promptly hand over the maintenance fund to the management board. However, the company still failed to hand over the maintenance fund, affecting the operation of the apartment building and the lives of residents. Nevertheless, the authority to issue a report and impose administrative penalties on the investor for the delay in handing over the maintenance fund falls under the jurisdiction of the Department of Construction.
On November 8, 2023, the People's Committee of Thu Duc City sent công văn (official letter) No. 6836 to the Department of Construction requesting assistance in drafting an administrative violation report for the delay in handing over maintenance funds by the investor of Topaz Home 2 - Block B apartment building.
On December 8, 2023, the Department of Construction issued a response to document 6836 from the People's Committee of Thu Duc City. Based on directives 2156/UBND-ĐT dated June 30, 2022 and 4898/UBND-ĐT dated October 3, 2023 from the People's Committee of Ho Chi Minh City, the Department of Construction stated that the violation of delaying the handover of the maintenance fund falls under the administrative handling authority of the People's Committee of Thu Duc City.
Therefore, the Department of Construction proposes that the People's Committee of Thu Duc City direct the relevant departments to proactively draw up a record of administrative violations against the investor of Topaz Home 2 - Block B apartment building for failing to hand over the maintenance fund.
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