Article 5, Paragraph 1 of the Act on Ownership and Management of Condominiums (hereinafter referred to as “this Act”) stipulates that “unit owners shall not commit acts that are detrimental to the preservation of the building or acts that run counter to the common interests of unit owners in the management and use of the building.” Paragraph 2 stipulates that “if the exclusive portion is sold for residential purposes, unit owners shall not use such portion for purposes other than residential purposes without justifiable cause, or demolish or damage the interior walls to build additional or remodel the building.”
This is a regulation that seeks to impose certain restrictions on acts that harm the common interests of property owners.
Acts that are against the common interests of property owners are generally classified into the following types:
First, it is an act detrimental to the preservation of the building. For example, this includes acts such as a sectional owner of two adjacent exclusive portions removing the boundary wall between the two exclusive portions without consent to make them one exclusive portion, installing a ventilation device by drilling a hole in the exterior wall or attaching an outdoor heating and cooling unit through pipes and wiring, or excavating under the floor of the exclusive portion on the first floor to create a basement. These acts are acts that, to varying degrees, undermine the structural stability of the building or reduce its durability.
Second, it is an act of improper use of buildings, etc. Acts such as installing excessively heavy objects in exclusive areas without the permission of other owners, leaving personal belongings piled up in common hallways or stairwells, installing an advertising tower on the roof or attaching a sign to an exterior wall without permission are considered acts of immovable use of buildings, etc.
Third, it is an act of using the residential area for other purposes. Acts of using the exclusive portion of a residential building for a store, office, etc., or holding regular or frequent gatherings of a large number of people in the exclusive portion, should be considered acts of using the residential portion for other purposes.
Fourth, acts that interfere with the daily lives of other property owners are being discussed. For example, acts that disturb the peaceful and comfortable life of other unit owners beyond the acceptable limit due to noise, vibration, or bad smells between floors are prohibited as acts that disturb the living environment.
The measures taken against a person who has committed an act contrary to the common interest are stipulated in detail in Section 6 of this Act, including the contents and procedures for requesting suspension of the act.
Attorney Lee Yong-hwa of Ubiz Law Firm has extensive experience and deep expertise in the real estate field. Through his long practical experience, he has handled a variety of real estate-related issues and provides reasonable and practical solutions to customers.
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