Does the apartment building management have the right to lock the wheels or fine vehicles parked on the premises?

Currently, there is a situation where the apartment management board clamps motorbikes and cars, or even imposes fines, for parking within the premises of apartment buildings, causing public outrage in recent times.

In response to Tuoi Tre newspaper's reporters, Lawyer Nguyen Quoc Cuong provided the following opinions.

Regarding whether the apartment management board has the right to lock car wheels or impose fines on cars parked within the apartment complex, Lawyer NGUYEN QUOC CUONG has made the following observations:

Firstly, regarding locking the wheels of cars parked in the apartment complex:

The management board of the apartment building has the authority to act on behalf of the owners to manage according to the apartment management regulations as guided by the Ministry of Construction in Circular 05/2024/TT-BXD (if the regulations include provisions for locking wheels when cars are parked improperly).

Therefore, the management board's implementation of the "locking wheels" measure is in line with management regulations and compliant with legal requirements.

Secondly, imposing fines on cars parked within the apartment complex:

Although Circular 05/2024 from the Ministry of Construction does not specify penalties that may be applied for violations in the management and use of apartment buildings, it does not prohibit the imposition of fines for such violations.

However, parking in an incorrect location may be considered encroachment on common spaces and shared property within the apartment complex, according to Clause 5, Article 3 of the 2023 Housing Law.

According to Article 2 of the Law on Administrative Violations, fines can only be imposed by authorized personnel from state agencies. Therefore, the apartment management board or the security staff of the apartment complex do not have the authority to impose fines for the aforementioned violations.

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