In handling building management affairs, there are many complex matters or significant reasons that make it difficult for a manager to make a decision alone. In handling building management tasks, the manager does not make decisions alone but deliberates together with the unit owners, and the processing of management affairs…
Three Ways to Prevent Disputes in Condominium Buildings: Building-Specific Management Associations, Partially Common Area Management Associations, and Complex Management Associations. According to the “Act on Ownership and Management of Condominium Buildings,” once a relationship of separate ownership is established for a building, a management association (hereinafter referred to as the "Building-Specific Management Association") composed of all unit owners is automatically established without a separate establishment procedure (Article 23, Paragraph 1). Meanwhile, some unit owners’…
A management association is an association of all owners in collective buildings, such as officetels, commercial buildings, and apartments, that is automatically formed in accordance with the law to manage the building and protect the rights of the owners. It is established naturally when the need for joint management of the building arises due to the establishment of separate ownership relationships, without any separate incorporation procedures…
The Act on the Ownership and Management of Apartment Complexes (hereinafter referred to as the "Apartment Complex Act") defines a "partial common area" as a portion of a common area that is clearly provided for the exclusive use of a portion of the unit owners. Such a part of the common area belongs to the common ownership of the unit owners who share it (Article 10, Paragraph 1 of the Apartment Complex Act). A part of the common area…
The Act on the Ownership and Management of Multi-unit Buildings (hereinafter referred to as the "Multi-unit Building Act") raises significant questions regarding which parts of a building are exclusive and which are common. The "exclusive portion" refers to the portion of a building that is the subject of sectional ownership (Article 2, Paragraph 3 of the Multi-unit Building Act). Article 1 of the Multi-unit Building Act…
According to the Act on the Ownership and Management of Condominiums (hereinafter referred to as "this Act"), to qualify as a subject of sectional ownership, a building must possess structural and operational independence. "Structural independence" here means that the relevant building section (the exclusive portion) must be externally distinguishable from other building sections.
To qualify as a subject of sectional ownership (exclusive portion) under the Act on the Ownership and Management of Condominiums (hereinafter referred to as "this Act"), a building must possess structural independence and independence in use (Article 1 of this Act). Therefore, in principle, sectional ownership is...
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 detrimental to the preservation of the building or other acts that run counter to the common interests of unit owners in the management and use of the building…
The maintenance and management of common areas of a multi-unit building, the building's land, and other shared facilities other than common areas must be jointly performed by the unit owners. However, since the work for maintenance and management of these occurs on a daily basis, the unit owners should always…
The Commercial Building Lease Protection Act (hereinafter referred to as “this Act”) contains various provisions to protect commercial building tenants. However, if a lease agreement is concluded by a socially and economically powerful landlord who ignores the provisions of this Act, and if its validity is recognized, this Act…
