Can investors increase apartment service fees themselves?

Clause 1, Article 2, Circular No. 37/2009/TT-BXD stipulates the principles for determining apartment service prices as follows:

Condominium service charges shall be determined on the principle of accurately and fully covering expenses, generating a reasonable profit for the management and operation of condominiums under normal conditions and taking into account practical socio-economic conditions of each locality and people's incomes in each period. These charges shall be approved by more than half of members of the condominium management board by a show of hands or casting secret ballots. For condominiums without a management board, condominium service charges shall be approved by more than half of households in the condominiums by a show of hands or casting secret ballots. If condominium service charges have been agreed in apartment purchase and sale contracts, the agreed charges apply.

In addition, for the price of apartment building management and operation services, Clause 3, Article 106 of the Law on Housing 2014 stipulates the price of apartment building management and operation services as follows:

Article 106. Fees for apartment building management services

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3. Regarding a multi-owner building, the service fees shall comply with regulations below:

a) In case it fails to organize the Apartment building meeting for the first time, the service fees shall be the fees as defined in the agreement on housing sale or lease purchase,

b) In case the Apartment building meeting has been organized, the service fees shall be determined by the Apartment building meeting.

Thus, based on the above regulations, if the investor does not get more than 50% of households living in the apartment building to unanimously approve the new service fee by voting or secret ballot, it will still be applied. New service fees, or cessation of service provision causing damage to the rights of apartment owners is against the law.

For apartment management and operation costs, the determination of service prices will be carried out according to the agreement in the apartment purchase and sale contract. In case an apartment building conference has been organized, the price of apartment building management and operation services will be decided by the apartment building conference.