Regulations on Condominium General Meetings

Regulations on Condominium General Meetings

(Section 1, Chapter III of the Regulation on Management and Use of Condominiums, attached to Circular No. 05/2024/TT-BXD, effective from August 1, 2024)

Article 14. Condominium General Meeting

1. For a condominium with a single owner, the Condominium General Meeting is a meeting of the condominium owner and the users of the condominium.

2. For a condominium with multiple owners, the Condominium General Meeting is a meeting of the owners, or their authorized representatives if the owners do not attend, provided that such authorization is in writing with the owner’s confirmed signature (including cases where the apartment or other condominium area has been handed over but payment to the developer has not been fully made, except where the purchase or lease-purchase contract has been terminated).

3. The Condominium General Meeting has the authority to decide on matters related to the management and use of the condominium in accordance with Clause 3 or Clause 4, Article 145 of the Law on Housing and this Regulation. Decisions of the Condominium General Meeting must be recorded in minutes signed by the chairing members and the secretary of the meeting.

Article 15. The First Condominium General Meeting

1. Conditions for convening the first Condominium General Meeting are as follows:
   a) The meeting of a condominium building must be held within 12 months from the date the condominium is put into use and at least 50% of the apartments have been handed over to buyers or lessees (excluding apartments retained by the developer for sale or lease-purchase, or not yet sold/leased). If this 12-month period expires without reaching the 50% threshold, the meeting shall be convened once the 50% handover threshold is achieved.
   b) For a complex of condominium buildings, the meeting is held when at least 50% of the apartments in each building have been handed over to buyers or lessees (excluding units retained by the developer as above) and at least 50% of the owners of each building agree to merge their buildings into the condominium complex.

2. Conditions on the number of participants in the first meeting:
   a) For a condominium building, at least 50% of the representatives of handed-over apartment owners must attend, in the form prescribed in Clause 2, Article 145 of the Law on Housing. If the required quorum is not met, within 07 working days from the scheduled date of the meeting stated in the notice, the developer or representatives of apartment owners may request the Commune-level People’s Committee to organize the meeting.
   b) For a condominium complex, the number of participants must meet the conditions set in Point b, Clause 1 of this Article. If not, within 07 working days, the developer or apartment owners’ representatives must request the Commune-level People’s Committee to organize the meeting, except where each building holds its own first general meeting.

3. Responsibilities for preparation, contents of the meeting, draft internal regulations, management board election rules, proposed management service fees, maintenance plans, and other matters are detailed in this Article.

4. The first Condominium General Meeting shall decide on:

• Rules of procedure for meetings (first, annual, extraordinary);

• Rules for electing the Management Board, its structure, members, Chairperson, Vice-Chairperson;

• Maintenance funding plan;

• Service fees, contributions, financial regulations of the Management Board;

• Any other matters relating to condominium management and use.

5. The Commune-level People’s Committee must organize the first meeting in certain cases, e.g., when the developer fails to do so after 12 months or is dissolved/bankrupt.

6. In such cases, quorum requirements under Clause 2 are not applicable, and costs shall be borne by the owners/users.

7. Within 30 days of receiving a valid request, the Commune-level People’s Committee must organize the first general meeting, whose results are legally binding as if held by the developer.

Article 16. Extraordinary Condominium General Meetings

1. An extraordinary meeting is convened to decide on matters such as:

• Replacement of Management Board members;

• Removal or dismissal of the Management Board;

• Replacement of management service providers or adjustment of service fees;

• Decisions on demolition and reconstruction of the condominium under housing laws;

• Other urgent or unresolved matters.

2. Quorum and voting requirements are specified depending on the subject matter, ranging from 50% to 75% of owners or representatives.

3. The Management Board or, in some cases, the Commune-level People’s Committee, is responsible for convening such meetings within 30 days of receiving requests.

Article 17. Annual Condominium General Meeting

1. The Annual Meeting shall be held once a year, with at least 30% of apartment owners attending (or a lower percentage if agreed at the first meeting). Contents include:

• Annual reports of the Management Board;

• Approval of maintenance fund statements and plans;

• Decisions on contracts with management service providers;

• Other matters under Clause 3(g), Article 145 of the Law on Housing.

2. Certain matters (e.g., dismissal of the Management Board, service provider changes) require at least 50% attendance.

3. For condominium complexes, the same quorum applies.

4. If the meeting involves demolition and reconstruction, housing law provisions apply.

5–7. The Management Board is responsible for preparation; Commune-level People’s Committees may intervene if quorum is not met. Owners may dismiss the Board if violations are found, and may establish audit committees.

Article 18. Participants and Voting Rights at the Condominium General Meeting

1. For a single-owner condominium, participants include the owner, users, and representatives of the Commune-level People’s Committee.

2. For multi-owner condominiums:

• The first meeting must include representatives of the developer, owners, management service providers (if any), and the Commune-level People’s Committee;

• Extraordinary or annual meetings include representatives of owners, the developer (if still holding units), management service providers, and the Commune-level People’s Committee.

3. Voting rights are calculated based on privately owned area: 1m² = 1 vote. Fractions less than 1m² are not counted.

4. Decisions are made by majority vote. Meetings may be held in person or online. Disabled owners may vote by ballot at their residence.

5. Owners may authorize another owner or user to attend and vote on their behalf.

6. For decisions on demolition/reconstruction, housing law provisions apply.