The maintenance and management of common areas of apartment buildings, the building's land, and other shared facilities other than common areas must be jointly performed by unit owners. However, since the work for their maintenance and management occurs on a daily basis, it is cumbersome for unit owners to always perform them jointly, and especially in large apartment complexes where there are many unit owners or where the management targets and management matters are diverse, joint management is virtually impossible. Therefore, the Act on Ownership and Management of Apartment Buildings (hereinafter referred to as "this Act") concentrates the management authority of each unit owner into a specific person to facilitate management and at the same time clarify the legal relationship in external relations. The specific person who is entrusted with management authority in this way is called a manager.
A manager can be appointed in all types of unit ownership relationships, but when there are only a few unit owners, the need to appoint a manager is not that great, so Article 24, Paragraph 1 of this Act mandates the appointment of a manager only when there are 10 or more unit owners.
The manager is appointed by resolution of the management meeting, but if the regulations stipulate that the manager is appointed by resolution of the management committee, then that shall apply (Article 24, Paragraph 3 of this Act). There are no restrictions on the qualifications of the manager. A person who is not a unit owner may become a manager (Article 24, Paragraph 2 of this Act), and a corporation may also become a manager. There are no restrictions on the number of managers. The term of office of the manager may be stipulated by the regulations within the range of two years (Article 24, Paragraph 2 of this Act).
The administrator shall be dismissed by resolution of the management meeting just like the appointment, but if the regulations stipulate that the administrator shall be dismissed by resolution of the management committee, then such resolution shall apply (Article 24, Paragraph 3 of this Act).
Furthermore, if a manager commits an unjust act or has other circumstances that make him/her unsuitable for performing his/her duties, each unit owner may file a request for the court to dismiss the manager (Article 24, Paragraph 5 of this Act). Here, an unjust act refers to an intentional act by a manager to cause damage to a unit owner by violating the duty of loyalty, and circumstances that make him/her unsuitable for performing his/her duties refer to a case where the manager violates the duty to perform his/her duties with the care of a good manager, or there are circumstances that may directly or indirectly affect the performance of his/her duties, such as old age, illness, or long-term absence. In cases where the manager has the above-mentioned reasons but cannot obtain a resolution for dismissal at a management meeting, or where the manager has performed duties that are unfavorable to some unit owners, a request for dismissal may be useful.
The legal relationship between a manager and a unit owner is similar to the relationship of trust under civil law, so a manager can resign at any time. However, if he resigns at a time that is disadvantageous to the unit owner, he will be liable for damages unless it is due to unavoidable reasons.
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.
UBIZ Law Firm, 6th floor, 418 Nonhyeon-ro, Gangnam-gu, Seoul 02-3452-9290




