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Which laws or regulations are related to the building management authority ? |
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The legal regulation related to the building management authority is stated at the Civil Code (Article 1313 to 1372), and for the legal regulation related to building management is stated at Article 1327 and the consecutive articles of the same code, mainly mentioning the common regulations of building management, simple building management (the management authorities, obligations, responsibilities of apartment owners and the regulations of apartment owners’ meeting and building authority), and integrated management (apart from the above-mentioned simple building management, there are also regulations related to the classification of the common parts of the building). |
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What is the Apartment Owners' Meeting ? |
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The apartment owners' meeting is a meeting participating by all apartment owners of the building. In accordance with the regulation of Civil Code, the apartment owners' meeting mainly makes the resolutions about the important issues of the building. |
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What is the purpose of convening the First meeting of the building Apartment Owners ? |
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The purpose of convening the first meeting of apartment owners is: to select the members of building authority, to approve the annual budget, to formulate the management regulation (if necessary) and define the insurance amount of the fire insurance. On the other hand, the selected authority can represent the apartment owners to execute the rights in order to operate the management works perfectly. |
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When should the apartment owners' meeting be held, and who have the obligation to convene the meeting ? |
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In accordance with the regulation of Civil Code, if the first general meeting has not been convened, it should be convened when 50% of the ownership of apartments had been handovered or 30% of the apartments had been occupied. The convener can be the one who actually manages the building, the one who plans to construct the building, or the management entity, otherwise they should take the legal responsibility for not convening the meeting. |
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What are the main authorities of the apartment owners' meeting ? |
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| Apartment owners' meeting is the meeting for obtaining resolutions of issues related to common areas of building, its authorities are: |
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Approve the bill of previous year and the annual budget of the current year; |
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Appoint or dismiss the building authority; |
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Formulate, approve or amend the building regulation; |
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To obtain resolution of building renewal projects; |
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To command the apartment owners, the third party who has the rights of the apartment, occupier or simple holder for the fine of rule contravention; |
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Other authorities that the law specified. |
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What are the duties of the building authority ? |
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| Building authority is selected and dismissed by the resolution of the apartment owners’ meeting. It also takes the responsibilities of the management for common areas of the building and executes the resolution of the meeting. Its main duties are: |
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Convene Apartment Owners’ Meeting of a Building |
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Prepare and submit the financial account, and draft the annual budget, but the approval of the bill and annual budget is the authority of apartment owners’ meeting; |
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Purchase and renew fire insurance and insurances related to other risks; |
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To receive all kinds of payment from apartment owners and manage all the expenses; |
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Protection rights are given for the management entity for the problems related to the right of common property; |
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To execute the resolution of the apartment owners’ meeting; |
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To provide the building regulation to all apartment owners and the third party who is regulated by the regulation, such as tenant; |
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To ensure the implementation of the building regulation and other related laws. |
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How to form the building authority and how long is their term ? |
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The building authority can consist of one or more members. For instance, when the number of member is more than one, one of them will be the president. Moreover, the term of building authority members cannot be more than 2 years. |
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What are the main rights of apartment owners ? |
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To attend the apartment owners’ meeting and voting; |
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To convene special apartment owners’ meeting in accordance with the related regulation; |
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To propose any comments or suggestions that maybe helpful for the building authority to execute their work; |
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To bring up complains about the management activities of the building authority during the apartment owners’ meeting in accordance with the related regulation; |
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To bring up jurisdictional actions due to the contravention of its obligation. |
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Other authorities that the law specified. |
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What are the obligations of the apartment owners ? |
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Do not contravene any regulation regarding the authority system of apartment owners and the related special laws, particularly the law related to building construction and facilities, preservation, use and safety of the building. |
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Comply with the building regulation; |
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Comply with the resolutions that finalised by the apartment owners’ meeting and building authority with their authorities; |
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Pay the fee that the law regulated, it refers to the necessary expenditures of common parts maintenance (to be paid regularly, it is commonly paid monthly that includes: cleaning and safeguard service of the building, the expenditures caused by the land that granted by the public authority or similar expenditure and the expenditure of the management service provided by the management entity, contribution of building reserved fund, the fire insurance fee and the maintenance and fixed expenditures of common parts and facilities, such as elevators, electric supply, inflammable gas and pump, etc. ; the expenditures of electric and water supply and other expenditures. The irregular expenditures includes repair or maintenance expenditures of common parts and facilities which is not stated in the service and maintenance contracts and the expenditures of renewal projects. |
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Which are the common areas of the building? |
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Other authorities that the law specified. |
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In accordance with the regulation of the related law, all the apartment owners should take the responsibilities of the necessary expenditure for common parts maintenance. In accordance with the regulation of Paragraph 1a-g and j of Article 1324 (Civil Code), the common parts of the building are: definition of the right of basic land for individual ownership; foundation, columns, pillars, main walls, exterior walls and other parts of the building structure; The ancillary buildings of the housing or skyline and gardens of the housing; Roofs or rooftops of the housing estates for sheltering; elevators; entrance, porch, stairways, corridors and accesses that are used by two or more apartment owners; main facilities of water and electric supplies, generators, inflammable gas, telecommunication and any other similar systems and resources that have not been given to any owner of the housing, etc. |
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