In reality, there are many cases after buying an apartment building because there is no need to use it or for some reason they have not moved in, at that time many people wonder whether this case requires paying apartment service fees or not.
According to Clause 3, Article 4 of Circular 05/2024/TT-BXD on the principles of management and use of apartment buildings, it stipulates:
- The payment of apartment management and operation funding shall be made according to the agreement between the owner, the apartment user and the management unit operating on the basis of the provisions of the law on housing. Owners and apartment users must pay maintenance and operation funds, operating funds of the apartment building management board (hereinafter referred to as the Management Board) and other fees and fees to serve the use of apartment buildings in accordance with the Housing Law, this Regulation and relevant laws; must comply with the management and use of apartment buildings, the provisions of the law on housing, this Regulation and the relevant laws in the process of managing and using condominiums.
- The use of management and operation funds and maintenance funds for the common ownership of apartment buildings must ensure the right purpose, publicity and transparency.
Based on the above provisions, the collection of managerial management charges shall comply with the agreement between the owner, the user of the apartment building and the operation management unit. Therefore, in order to determine the case of handing over the apartment but not yet in whether or not to pay the management fee for the apartment building or not based on the agreement of the parties, specifically:
- In case the apartment sale and purchase contract clearly states the cases of having received the apartment but not yet moved in, the apartment building management and operation fee will not be paid.
- In case the apartment sale and purchase contract clearly states the time of receiving the apartment handover, the apartment management and operation fee will be calculated.
In short, to accurately determine whether an apartment has been handed over but has not yet been moved in and whether it is necessary to pay the management and operation fees for an apartment building or not, it is necessary to rely on the apartment sale and purchase contract and the agreement of the parties on this issue.
