Lawyer Nguyen Thi Hoai Anh, YouMe Law Company Limited replied:
Clause 2, Clause 3, Article 21 Regulations on management and use of apartment buildings issued together with Circular No. 05/2024/TT-BXD dated July 31, 2024 of the Minister of Construction detailing a number of articles The Housing Law stipulates the number and composition of the Management Board as follows:
2. The composition of the Management Board of apartment buildings and apartment complexes with many owners is prescribed as follows:
a) The Management Board of the apartment building includes 01 Head, 01 or 02 Deputy Heads and other members living in that apartment building as decided by the Apartment Building Conference.
In case the investor still owns the area in the apartment building, the representative appointed by the investor may be elected by the Apartment Building Conference as Head of the Management Board; If not elected as Head of the Board, they will be appointed as Deputy Head of the Board of Management without having to elect this member; In case the investor does not appoint a representative to join the Management Board, the Apartment Building Conference shall elect one of the owners of the apartment building to be the Deputy Management Board to replace the Investor's Deputy Management Board.
b) The Management Board of the apartment complex includes 01 Head of Board; Each building in the cluster holds a meeting to nominate 01 or 02 representatives to act as Deputy Committee and other members are decided by the Apartment Cluster Conference.
In case the investor still owns the area in the apartment complex, the investor's representative may be elected by the apartment complex conference to be the Head of the apartment complex's Management Board. For each building in an apartment complex in which the investor still owns an area, the investor may appoint a representative to participate as the Deputy Management Board of the cluster, unless the investor representative of that building is elected as a representative. Head of the management board of the apartment complex.
3. The composition of the Management Board of a single-owner building or apartment complex includes 01 Head, 01 or 02 Deputy Heads and other members decided by the Building or Apartment Complex Conference.
Thus, the composition of the apartment building 's management board is implemented according to the above regulations.
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