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Condominium Administration Act Building Administration Division(公寓大廈管理條例)
Buildidng Administration Div
Publish on 2016-11-16

All 52 articles promulgated per Presidential Order Hua-Zong-(1)-Yi-Zi No. 4316 on Jun. 28, 1995
Amendment to Article 2 promulgated per Presidential Order Hua-Zong-(1)-Yi-Zi No. 8900104430 on Apr. 26, 2000
Amendment made according to Presidential Order Hua-Zong-(1)-Yi-Zi No. 09200243911 on Dec. 31, 2003
Amendment to Article 29 and addition of Article 59-1 promulgated per Presidential Order Hua-Zong-(1)-Yi-Zi No. 09500005871 on Jan. 18, 2006
Amendment to Articles 8 and 27 promulgated per Presidential Order Hua-Zong-(1)-Yi-Zi No. 10200082711 on May 8, 2013
Amendment to Articles 8 and 18 promulgated per Presidential Order Hua-Zong-(1)-Yi-Zi No. 10500140111 on November 16, 2016

Chapter I General Provisions

Article 1. The Act is enacted to enhance the administration of condominiums to improve the living quality.

For matters not regulated in this Act, the regulations of other laws shall be applied.

Article 2. The competent authority referred to in the Act shall be the Ministry of the Interior at the central level, the municipal government at the special municipality level, and the county/city government at the county/city level.

Article 3. Terminology:

  1. Condominium: A building and its base that has indicated definite boundaries structurally, or in its uses or on the construction license plans, and may be divided into a number of units.
  2. Unit ownership: A number of people divide a building and each owns an individual unit of the building and also holds a share of the shared areas.
  3. Individual unit: A unit in a condominium that is owned separately and used independently
  4. Shared areas: Parts of a condominium other than the individual units, and affiliated buildings not owned by any specific individual, and for common use
  5. Designated private areas: Shared areas of a condominium that are designated by agreement to be used by specific unit owners
  6. Designated shared areas: Individual units in the condominium that are designated for common use by agreement
  7. Unit owner assembly: The assembly composed of all the unit owners in a condominium that meets to discuss and decide matters involving common affairs as well as the rights and obligations of the unit owners
  8. Inhabitant: A unit owner, tenant, or an individual using a unit with the approval of the owner or an individual having acquired the ownership of a parking space in the building
  9. Management committee: An organization composed of a number of inhabitants elected by unit owners to execute the decisions made in the unit owner assembly and to manage and maintain the condominium
  10. Manager: An inhabitant elected by unit owners or a person stipulated by Paragraph 3 of Article 28 and Paragraph 6 of Article 29 to manage condominium affairs when the management committee has not been created
  11. Management service providers: condominium management service staff or a management and maintenance company employed or delegated by the decision of the unit owner assembly, the manager or management committee to execute the building management and maintenance affairs
  12. Condominium regulations: Rules established according to the decisions achieved in the unit owner assembly for all inhabitants to follow to promote common interests and ensure the good living environment

Chapter II Rights and Obligations of Inhabitants

Article 4. Unless otherwise stipulated in laws, a unit owner shall have the liberty to use, benefit from, and dispose of his or her individual unit and to exclude the interference from any others.

An individual unit may not be separated from the shares of the shared areas, the base title or superficies and transferred or used for creation of encumbrances.

Article 5. When using their individual unit, unit owners may not engage in any practice that is impairing the proper use of the building or violating the common interests of all unit owners.

Article 6. All inhabitants are required to abide by the following:

  1. Not to disturb the peace, safety and sanitation of other inhabitants when maintaining, repairing their own units or designated private areas or exercising their rights;
  2. Not to refuse the requests of other inhabitants to enter or use their units or designated private areas for maintenance or reparation of their units or designated private areas, or conduct plumping and wiring works;
  3. Not to refuse the requests of the manager or management committee to enter or use their units or designated private areas for maintenance or reparation of shared areas or to conduct piping and wiring works;
  4. Obtain the consent of the manager or management committee before accessing shared areas for maintenance or reparation of individual units or designated private areas or to conduct piping and wiring works;
  5. Other provisions stipulated in related laws and the condominium regulations.

The entry and use referred to in Subparagraphs 2 to 4 of the preceding paragraph shall be conducted at the place and by the method with minimized damage and the damage thereof incurred shall be restored or compensated for.

When an inhabitant has violated any of the regulations of Paragraph 1 and still refuses to fulfill the obligations after mediations, the other inhabitants, manager or management committee may request the competent authority or sue to the court for necessary disposal in accordance with the nature of the violation.

Article7. Any of the shared areas of a condominium may not be used as part of an individual unit. The items specified in the following subparagraphs may not be designated as designated private areas:

  1. The lot the condominium is built on;
  2. The hallways or stairs leading to a number of individual units, the passages or vestibule leading to the outdoors, and the alleys and fire escape alleys within the community;
  3. The foundation, principal beams and pillars, load-bearing walls, and the structures of floors and roof of the condominium;
  4. When such designation is in violation of related laws;
  5. Any other shared areas that have been designed for particular purposes and are indispensible in the daily activities of all the unit owners.

Article 8. Other than compliance to the regulations of the related laws, if there are stipulations in the condominium regulations or related decisions have been made by the unit owner assembly and have been registered with the competent authority of the special municipality or county/city, all changes to be made to the structure or color, installation of advertising signs, metal gratings or other similar conducts around or on the exterior of the condominium, the rooftop terrace, or air raid shelters that are not individually owned shall be subject to the condominium regulations or the decisions made by the unit owner assembly.

Inhabitants in the condominium with children under 12 years of age or above 65 years of age may install fall-prevention devices at openings in the outer walls or on balconies without impeding the emergency escape and protruding from the outer walls. When the causes for the installation of such devices cease to exist and the devices do not comply with the condominium regulations or decisions made by the unit owner assembly as specified in the preceding paragraph, the unit owner is required to improve or restore the parts in concern to their original condition. If any inhabitant should violate the regulation set forth in Paragraph 1, the manager or the management committee shall stop the act. If the inhabitant still refuses to comply with, the manager or the management committee shall file a request with the competent authority to handle according to Paragraph 1 of Article 49. The said inhabitant shall restore them to their original condition within one month. If the inhabitant fails to comply, the manager or the management committee may restore them to their original condition and the inhabitant shall be responsible for the expenses thereof incurred.

Article 9. The unit owners shall be entitled to use or benefit from the shared areas and the base according to their shares, unless other agreements have been established.

The inhabitants shall use the shared areas according to the purpose of their installation and in approaches normally adopted, unless other agreements have been established.

The agreements referred to in the proviso of the two preceding paragraphs may not contradict the Act, the Regional Plan Act, the Urban Planning Act, and other building regulations.

If any inhabitant violates the regulation of Paragraph 2, the manager or management committee shall stop the act and may request the competent authority or sue to the court for necessary disposal according to the nature of the violation. The manager or management committee may also claim compensation for any damage.

Article 10. Each unit owner or user of a designated private area shall conduct the reparation, management and maintenance of the unit or designated private area as well as be responsible for the expenses thereof incurred.

The manager or management committee shall conduct the reparation, management and maintenance of shared areas or designated shared areas. The expenses incurred shall be paid from the common fund or shared by the unit owners according to their shares of the shared areas. However, reparation costs incurred due to causes attributable to specific unit owners or inhabitants shall be paid by such unit owners or inhabitants unless it is otherwise stipulated in the condominium regulations or specified by the unit owner assembly.

Depending on the circumstances, the government may subsidize the reparation, management and maintenance of the shared areas or designated shared areas described in the preceding paragraph if the said work is related to maintenance of public sanitation or public fire safety equipment or reparation of public passages and gutters or related facilities. The government of the special municipality or county/city shall establish the subsidy regulations.

Article 11. The dismantlement, significant reparation or improvement of any shared areas or facilities thereon shall be conducted according to the decision of the unit owner assembly.

The costs for the projects described in the preceding paragraph shall be paid from the common fund or shared by unit owners according to their shares of the shared areas.

Article 12. The reparation costs for common walls, building floors or the plumbing and wiring therein shall be shared by the unit owners sharing the common wall or building floor. However, reparation costs incurred due to causes attributable to a unit owner, the expenses shall be paid by such unit owner.

Article 13. Reconstruction of a condominium shall require the consent of all unit owners, base owners, superficies owners, mortgage holders or pawn holders except there is one of the following circumstances:

  1. The reconstruction is to be conducted in line with an urban renewal project.
  2. The building is so seriously damaged, collapsed or decayed that public safety is endangered.
  3. The building may endanger public safety after it has been damaged in an earthquake, flood, typhoon, fire or other critical incidents.

Article 14. When one of the situations described in Subparagraph 2 or 3 of the preceding article occurs and the unit owner assembly has made the reconstruction decision, the manager or management committee may request the court to order unit owners who disagree with the decision and refuse to sell their ownership, or who have agreed with the decision but do not fulfill their obligation afterwards to sell their ownership and share of the base ownership.

Buyers of the ownership sold in the situation described in the preceding paragraph shall be regarded as agreeing to reconstruction.

The title of the applicant applying for a construction permit shall be decided by the unit owner assembly.

Article 15. The inhabitants shall use their individual units and designated private areas according to the purposes indicated on the usage license and the condominium regulations. No unauthorized changes may be made.

If any inhabitant should violate the regulation of the preceding paragraph, the manager or management committee shall stop the act. If the inhabitant refuses to comply, the manager or management committee may file a request with the competent authority of the special municipality or county/city to handle and demand the inhabitant to restore the change to the original condition.

Article 16. The inhabitants may not discard garbage arbitrarily, release pollutants or foul-smelling substances, make noise or vibrations, or have any similar conduct.

The inhabitants may not store miscellaneous objects, install gratings or doors, or run commercial operations, or illegally put up advertising signs, or privately set up blockades or parking spaces that obstruct passage in private passages, firebreaks, fire escape alleys, open space for the public, empty recesses, stair landings, common hallways or air raid shelters. However, open space for the public and empty recesses may be used for commercial purposes according to the condominium regulations or the decision of the unit owner assembly as long as the operations are within the businesses approved by the special municipality or county/city government. Air raid shelters may be used for purposes originally approved; those concurrently serve as parking spaces may be used for pay parking according to the law.

Without the permission of the competent building authority, the inhabitants may not damage or alter the main structure of the building when maintaining, repairing, remodeling or conducting similar work.

Inhabitants with pets may not hinder public sanitation, peace or safety. If the condominium regulations or other stipulations prohibit keeping of pets, such provisions shall apply.

If any inhabitant should violate any of the four preceding paragraphs, the manager or management committee shall stop the act or take action according to the condominium regulations. If the inhabitant refuses to comply, the manager or management committee may file a request with the competent authority of the special municipality or county/city to handle.

Article 17. Inhabitants operating dining, LPG, welding or other hazardous businesses or storing explosive or combustible stuffs in the condominium according to the law are required to take out public liability insurance in accordance with the insured amount specified by the central competent authority and also compensate the other inhabitants for the amount of fire insurance premium thus increased. The central competent authority shall work with the Ministry of Finance to establish the corresponding insurance and compensation regulations as well as the premium rates.

If any inhabitant should fail to take out public liability insurance as prescribed in the preceding paragraph within 7 days after given notification, the manager or management committee shall take out public insurance on his or her behalf and the said inhabitant shall pay for the premiums, compensation for the difference and other expenses thereof incurred.

Article 18. Each condominium shall establish a common fund from the following sources:

  1. he builder of the condominium is required to provide a certain percentage of the cost of the project or a certain amount to pay for the management and maintenance during the year after the usage license is obtained;
  2. Each unit owner pays an amount as decided by the unit owner assembly;
  3. The interest accrued on the fund;
  4. Other incomes.
Concerning the common funds as specified in Subparagraph 1 of the preceding paragraph, the builder is required to present the proof of the funds having been received by the treasury of the special municipality or county/city government in concern when applying for the usage license for the condominium. The said treasury shall disburse the funds to the condominium management committee or the manager after the committee is created or the manager is elected and the shared areas, designated shared areas and their affiliated facilities and equipment are confirmed and handed over according to Article 57. The central competent authority shall determine the percentage or amount referred to in the same subparagraph.

The common fund shall be deposited in a designated account and placed under the management of the manager or management committee. If unit owner assembly makes a resolution to entrust the common fund, the manager or management committee shall entrust the common fund to a trustee. Utilization of the fund shall be conducted according to the decisions of the unit owner assembly.

The regulations regarding the provision of the common fund to be provided by the builder as set forth in Paragraphs 1 and 2 shall not apply to builders who had obtained the building license before the Act took effect.

 

Article 19. The right of each unit owner to the common fund shall be transferred when the unit ownership is transferred; it may not be surrendered, distrained, offset, or used to create encumbrances for personal reasons.

Article 20. The manager or management committee shall regularly announce the income and expenditure, custody and utilization of the common fund, the expense shared by unit owners according to their shares, and other expenses payable by unit owners as well as hand over to the new manager or management committee the affairs of income and expenditure of the common fund, accounting vouchers, account books, financial statements, seals, and the balance when relieved from duty or resigning or when the management committee is reorganized.

If the manager or management committee refuses to make the announcements or handover as prescribed in the preceding paragraph and continue to do so 7 days after being given notice, requests may be filed with the competent authority or the court to order the manager or management committee to make the announcements or handover.

Article 21. When unit owners or inhabitants who are two terms behind in the payment of their shares of common fund contributions or other expenses and refuse to comply after being given notice to make the payment within a specified period, the manager or management committee may sue to the court for the payment plus the overdue payment interest.

Article 22. If any inhabitant should have one of the following situations and fail to make the improvement within 3 months after the manager or management committee urges for improvement, the manager or management committee may sue to the court for ordering the inhabitant to move out of the condominium according to the decision of the unit owner assembly.

  1. Owing again the expenses to be paid according to their shares up to the accumulated amount of one hundredth of the total value of their unit ownership after they have paid the amount previously owed under compulsory enforcement;
  2. Making no improvement or continuing to make the same violations after fines have been imposed according to Subparagraphs 1 to 4, Paragraph 1, Article 49 of the Act;
  3. Having violated the condominium regulations or laws to a serious extent.

If an inhabitant as described in the preceding paragraph is a unit owner, the manager or management committee may sue to the court for ordering the said unit owner to sell the unit and his or her share of the base ownership according to the decision of the unit owner assembly. If the habitant fails to complete the sale and the ownership transfer registration within three months after the court decision is finalized, the manager or management committee may request the court to put the unit and base share up for auction.

Unless otherwise stipulated in laws, the owed share expenses by the Act shall be given the same priority as the prioritized mortgage holder for the proceeds from the auction referred to in the preceding paragraph.

Article 23. In addition to the stipulations in related laws, regulations regarding the management and use of the condominium, the base and the affiliate facilities as well as the relations between inhabitants may be defined in the condominium regulations.

Besides the definition of the individual units and shared areas, the contents of the following subparagraphs shall not have any effect unless they are specified in the condominium regulations:

  1. The range and the users of individual units and designated shared areas
  2. The rights of each unit owner to use and to benefit from the shared areas and the base, and the special agreements of unit owners on the use of the shared areas
  3. Special agreements on prohibition of pet keeping by the inhabitants
  4. Measures for handling of obligation violations
  5. Regulations on supervision of financial management
  6. Special agreements on the required numbers and unit ownership proportions of the attending and approving unit owners to hold the unit owner assembly and to approve the decisions
  7. The procedure for dispute mediation

Article 24. The grantees of unit ownership are required to apply to the manager or management committee for access to or photocopies of the documents specified in Article 35 before the granting and also abide by all the rights and obligations of the original unit owner defined in the Act or the condominium regulations after the granting.

The occupants without rights of condominium individual units are required to fulfill the obligations of inhabitants set forth in the Act.

Articles 21, 22, 47 and 49 of the Act shall apply mutatis mutandis when occupants without rights violate the preceding paragraph.

Chapter III. Management Organization

Article 25. The unit owner assembly shall be composed of all the unit owners and convened at least once a year on a regular basis.

Under one of the following circumstances, ad hoc meetings may be convened:

  1. When critical incidents have taken place and require immediate handling and the manager or management committee has made the request;
  2. When over one fifth of the unit owners who own more than one fifth of the total ownership have presented a written request to convene with the purposes and reasons of the request clearly stated.

Besides the regulation set forth in Article 28,the convener of unit owner assembly shall be the manager, or the chairperson or a member of the management committee who is also a unit owner. On the day the manager, or chairperson or any member of the management committee loses the unit owner status, he or she is automatically relieved from duty. When there is no manager or management committee or when the manager, or chairperson or members of the management committee are not unit owners, the unit owners shall elect among them a person to be the convener. The term of convener is one to two years as set forth in the condominium regulations or determined by the unit owner assembly. The convener may serve a second term when reelected. If neither the condominium regulations nor the unit owner assembly has made any specification, the term shall be one year and the convener may serve a second term when reelected.

When the convener cannot be elected according to the regulation as prescribed in the preceding paragraph, the unit owners may apply to the competent authority of the special municipality or county/city for appointing a temporary convener. If the unit owners have not made the application, the competent authority of the special municipality or county/city may appoint a unit owner to be the temporary convener or the unit owners may rotate as the convener according to the condominium regulations until the unit owners have elected a convener from among them.

Article 26. When the ground floors of the congregate residential community of condominium with open access are composed of several independent buildings for complex use of residence, office and shopping center and each has its own separate entrance and exit, the office and shopping center in each building may separately or collectively with the office and shopping center in other building, and with the written consent of the majority of the said unit owners, and the contents of the following subparagraphs have been specified in decisions of the assembly of the entire unit owners or the condominium regulations, convene their own unit owner assembly to create a management committee and file the result with the competent authority of the special municipality or county/city:

  1. Demarcation of the shared areas and designated shared areas;
  2. The scope of reparation, management and maintenance of the shared areas and designated shared areas and how the management and maintenance costs are to be shared;
  3. The shares of common fund to be allocated;
  4. The handover of the accounting vouchers, account books, financial statements, seals, balance and the documents placed under custody as set forth in Subparagraph 8, Article 36;
  5. The division of work associated with the entire unit owner assembly and the unit owner assembly of office and shopping center.

Article 20, Article 27, Articles 29 to 39, Article 48, Subparagraph 7 of Paragraph 1 of Article 49 and Article 54 shall apply mutatis mutandis to unit owner assembly convened and the management committee created and its chairperson and members elected according to the preceding paragraph.

Article 27. Each individual unit owner is entitled to one vote. When a number of people co-own an individual unit, the voting right shall be exercised by a representative elected from among the co-owners.

In calculation of the number of people attending a unit owner assembly and the votes, any owner in possession of more than one fifth of the total ownership or units, the portion exceeding one fifth shall not be calculated.

Unit owners who are unable to attend a unit owner assembly may authorize in writing his or her spouse, a direct blood relative with capacity for civil conduct, another unit owner or the tenant to attend. When the ownership that a delegated person represents exceeds one fifth of the total ownership or units, the portion exceeding one fifth shall not be calculated.

Article 28. Once the number of units of the condominium building ownership registration exceeds half of the total number of units and the registered ownership percentage exceeds half of the total ownership, the builder is required to convene a unit owner assembly to create the management committee or elect the manager and file the result with the competent authority of the special municipality or county/city for reference.

When a number of builders are responsible for the same condominium, one shall be elected to be the representative. When the number of unit owners attending the unit owner assembly or the ownership they represent fails to achieve the thresholds specified in Article 31 and the management committee cannot be created, the builder shall convene a second unit owner assembly for the same purpose.

The builder shall be the manager of the condominium before convening a unit owner assembly to create the management committee or elect the manager.

Article 29. A condominium is required to create a management committee or elect a manager.

Once a management committee is created, the members shall elect among them a person to be the chairperson to represent the committee. The election, dismissal and authority of the chairperson and committee members and the number of members, the convening procedure, and the approaches to conduct related affairs and proxy shall be decided by the unit owner assembly unless otherwise stipulated in the condominium regulations.

The term of the management committee members, chairperson and the manager shall be one to two years according to the decision of the unit owner assembly or the condominium regulations. The chairperson, manager and committee members responsible for financial management and supervision may serve a second term when reelected; the remaining committee members may serve an unlimited number of terms when elected each time. However, if it is not specified by the unit owner assembly or in the condominium regulations, the term shall be one year. The chairperson, manager and committee members responsible for financial management and supervision may serve a second term when reelected. The remaining committee members may serve an unlimited number of terms if reelected each time.

If a management committee member, a chairperson or a manager referred to in the preceding paragraph has not been reelected upon term expiration or refuses to handover as described in Paragraph 2, Article 20, it shall be regarded as a dismissal from post on the day the term expires.

Unless otherwise specified by the unit owner assembly or in the condominium regulations, condominium inhabitants who do not own the unit they live in may be selected or elected to be management committee members or chairperson or the manager.

When a condominium has not organized a management committee or elected a manager, the convener elected from among the unit owners or the temporary convener appointed by the competent authority upon application as described in Article 25 shall be the manager. If the unit owners are unable to elect from among them a convener or apply for the appointment of a temporary convener, they may request the authority of the special municipality or county/city to appoint an inhabitant as the manager until the management committee is created, or a manager or convener is elected from among the unit owners.

Article 30. The convener shall issue each unit owner a notice 10 days before each unit owner assembly is to be held. The notice shall carry a description of the agenda of the meeting. However, when an ad hoc meeting is to be held for an urgent matter, an announcement posted at least two days in advance shall suffice.

Elections of management committee members shall be specified in the meeting notice and the announcement shall be posted. They cannot be conducted by proposing impromptu motions.

Article 31. Unless otherwise stipulated in the condominium regulations, all decisions made by the unit owner assembly require the attendance of at least two thirds of the unit owners who also represent at least two thirds of the total ownership and the consent of at least three quarters of the attendees who represent at least three quarters of the total ownership of all the attendees.

Article 32. When a decision cannot be made according to the regulation set forth in the preceding article or the number of attendees or the ownership percentage of such attendees fails to meet the thresholds set forth in the preceding article, the convener may convene another meeting to decide on the same issue. Under such circumstances, unless otherwise stipulated in the condominium regulations, the meeting shall require the attendance of at least three unit owners and one fifth of the unit owners who represent at least one fifth of the total ownership and the decision shall require the consent of the majority of the attendees who also represent at least half of the total ownership of all the attendees.

The meeting minutes of each decision achieved as described in the preceding paragraph shall be delivered to each unit owner who then is entitled to raise objections in writing within 7 days. If the objections do not come from the majority of the unit owners who represent more than half of the total ownership, the decision is considered valid.

The person presiding over the meeting described in Paragraph 1 is required to send the decision of the meeting in writing to all unit owners and also post the decision within 10 days after the decision of the meeting is made valid.

Article 33. Decisions made by a unit owner assembly without undertaking the procedures set forth in the following subparagraphs shall have no validity:

  1. Designation of an individual unit by the unit owner assembly as shared areas shall require the consent of the owner of the said individual unit.
  2. Installations of advertising signs or powerful emitters, such as radio base stations or similar devices, or other similar conduct on the outer walls or rooftop terrace of a condominium shall require the consent of the top floor unit owners if such devices are to be installed on the roof or the unit owners of the related floors where such devices are to be installed. The said inhabitants may also attend related unit owner assembly to state their opinions.
  3. Before changes are made to a designated private area according to Paragraph 1 of Article 56, the consent of the unit owner using the said designated private area shall be required. However, if the use of the designated private area has been finally ruled that it is obviously in violation of public interest by the court upon the filing of lawsuit by the management committee or manager, it is excluded.

Article 34. Meeting minutes shall be taken at each unit owner assembly. The process of the meeting and the decisions made shall be recorded. The meeting minutes shall require the signature of the person presiding over the meeting and shall be sent to each unit owner and posted within 15 days after the meeting.

The meeting minutes shall be kept along with the sign-in sheets of attendees and the letters of authorization for attendance.

Article 35. If necessary, interested parties may request for access to or photocopies of the condominium regulations, the balance of the common fund, accounting vouchers, account books, financial statements, outstanding payments of common fund, shared expenses and other payable expenses of the inhabitants, management committee meeting records and the meeting minutes referred to in the preceding paragraph. The manager or management committee shall not refuse.

Article 36. The duties of a condominium management committee are as follows:

  1. Execution of the decisions made by the unit owner assembly;
  2. The cleaning, maintenance, reparation, and general improvement of the common properties and shared areas;
  3. The security and environmental maintenance of the condominium and the surroundings;
  4. Suggestions for improvement of the common affairs of the inhabitants;
  5. Stopping the violations of inhabitants and provision of required information;
  6. Mediation when violations by inhabitants specified in Paragraph 1, Article 6 occur;
  7. Income, expenditures, custody and utilization of the revenue, common fund, and related expenses;
  8. Custody of the condominium regulations, meeting minutes, usage license transcript, as-built drawings, water and electricity charts, fire safety plan, machine equipment chart, plumbing and wiring charts, accounting vouchers, account books, financial statements, declared records of public safety inspection and fire safety equipment maintenance, seals, and related documents.
  9. Delegation, employment and supervision of management service providers;
  10. Presentation and announcement of accounting reports, financial reports, and other management affairs;
  11. Confirmation, takeover and custody of shared areas, designated shared areas, and their affiliated facilities and equipment;
  12. Declaration of public safety inspection and fire safety equipment maintenance records and execution of needed improvements specified as to be carried out by the management committee;
  13. Other matters specified according to the Act or in the condominium regulations.

Article 37. Decisions made by the management committee may not contradict the Act, the condominium regulations, or the decisions of the unit owner assembly.

Article 38. The management committee shall have the capacity of a party.

When the management committee becomes a plaintiff or a defendant, it is required to inform the unit owners of the main points of the lawsuit at the earliest time.

Article 39. The management committee shall be responsible to the unit owner assembly and shall report its operation to the assembly.

Article 40. The stipulations of Articles 36, 38 and 39 shall apply mutatis mutandis to the manager.

Chapter IV. Management Service Providers

Article 41. Condominium management and maintenance companies shall require the license from the central competent authority, carry out the company registration and obtain the registration certificate from the central competent authority before they may begin operation.

Article 42. The management committee, manager, or unit owner assembly of a condominium may delegate or employ a condominium management and maintenance company or management service staff with a registration certificate or permit issued by the central competent authority to execute the management and maintenance affairs.

Article 43. The condominium management and maintenance company shall provide services according to the following regulations:

  1. Employ a certain number of management service staff with a permit issued by the central competent authority according to the stipulated categories as well as supervise and evaluate their performance.
  2. Dispatch the management service staff described in the preceding subparagraph to carry out management and maintenance affairs.
  3. Execute the operations according to the code of business conduct.

Article 44. Management service staff employed by the condominium management and maintenance company shall provide services according to the following regulations:

  1. Carry out management and maintenance affairs according to the approved categories and items.
  2. May not provide their permits to be used by others or use the permits of others.
  3. May not be employed by two or more condominium management and maintenance companies simultaneously.
  4. Attend training held by the central competent authority or related institutions or organizations delegated by the central competent authority.

Article 45. Condominium management service staff other than those referred to in the preceding article shall provide their services according to the following regulations:

  1. Carry out management and maintenance affairs according to the approved categories and items.
  2. May not provide their permits to be used by others or use the permits of others.
  3. Attend training held by the central competent authority or related institutions or organizations delegated by the central competent authority.

Article 46. The central competent authority shall establish the regulations regarding the qualifications and requirements of condominium management and maintenance companies and management service staff described in the Articles 41 to 45, as well as the categories and certain numbers of management service staff to be employed by the management and maintenance company, the application and issuance of registration certificates and permits, range of operations, code of business conduct, duties, government assistance and incentives, training approaches, contents and hours, the qualifications, requirements and responsibilities of delegated training institutions and organizations, and the registration fee standard.

Chapter V. Penalty Provisions

Article 47. Under one of the following circumstances, the competent authority of the special municipality or county/city may impose a fine no less than NT$3,000 but no more than NT$15,000 and also order the offender to make the correction or fulfill the obligation or duty within a given period. Those failing to make the correction or fulfillment within the period given may be fined repeatedly.

  1. The convener of the unit owner assembly, condominium builder or temporary convener failing to convene meetings as stipulated in Article 25 or 28.
  2. The inhabitant of a condominium violating Paragraph 1 or 4 of Article 16.
  3. The unit owner or inhabitant violating article 6 and the competent authority at the request of other inhabitants, the manager or management committee has notified the said unit owner or inhabitant to make the correction within a given period and the party in concern fails to comply.

Article 48. Under one of the following circumstances, the competent authority of the special municipality or county/city may impose a fine no less than NT$1,000 but no more than NT$5,000 and also order the offender to make the correction or fulfill the obligation or duty within a given period. Those failing to make the correction or fulfillment within the period given may be fined repeatedly.

  1. The manager, or the chairperson or members of the management committee failing to fulfill the obligation of urging the inhabitants to take out liability insurance as set forth in Article 17.
  2. Without justification, the manager, or the chairperson or members of the management committee failing to fulfill the duty of urging for improvement or suing to the court for ordering the unit owner or the inhabitant to move out or sell the unit ownership as set forth in Article 22.
  3. Without justification, the manager, or the chairperson or members of the management committee violating the regulation of Article 35.
  4. Without justification, the manager, or the chairperson or members of the management committee failing to execute the duties specified in Subparagraphs 1 and 5 to 12 of Article 36 and the results obviously have an effect on the interests of the inhabitants.

Article 49. Under one of the following circumstances, the competent authority of the special municipality or county/city may impose a fine no less than NT$40,000 but no more than NT$200,000 and also order the offender to make the correction or fulfill the obligation or duty within a given period. Those failing to make the correction or fulfillment within the period given may be fined repeatedly.

  1. When a unit owner uses his or her unit in violation of Article 5.
  2. When an inhabitant violates the regulation of the restrictions on the usage changes of condominium units set forth in Paragraph 1, Article 8 or Paragraph 2, Article 9 and refuses to comply after being requested to stop the unlawful conduct.
  3. When an inhabitant violates Paragraph 1, Article 15 by changing the purposes of use of an individual unit or a designated private area.
  4. When an inhabitant violates Paragraph 2 or 3 of Article 16;
  5. When an inhabitant fails to fulfill the obligation of taking out liability insurance as set forth in Article 17.
  6. When a unit owner fails to pay the common fund contributions as set forth in Subparagraph 2, Paragraph 1, Article 18.
  7. When the manager, or the chairperson or members of the management committee fail to fulfill the obligation of posting announcements or handing over documents as specified in Article 20.
  8. When the builder or construction company violates the regulation of Article 57 or 58.

When death occurs as a result of the commercial activity conducted in a unit provided by an inhabitant found to have the conduct described in Subparagraph 3 or 4 of the preceding paragraph, a prison term no less than 1 year but no more than 7 years as well as a fine no less than NT$1,000,000 but no more than NT$5,000,000 may be imposed. If critical injuries occur as a result of the aforesaid practice, a prison term no less than 6 months but no more than 5 years as well as a fine no less than NT$500,000 but no more than NT$2,500.000 may be imposed.

Article 50. When a management and maintenance company or a management service staff is found to run the business, accept the delegation or employment of a condominium management committee, manager or unit owner assembly in violation of Article 42 to provide management and maintenance services without a registration certificate, permit or using a revoked registration certificate or permit, the competent authority of the special municipality or county/city shall order the said company or staff to shut down operation or suspend providing services and also impose a fine no less than NT$40,000 but no more than NT200,000. The fine may be repeatedly imposed on those refusing to comply.

Article 51. When condominium management and maintenance companies are found in violation of Article 43, the central competent authority shall notify them to make correction within a given period and may order those failing to comply within the given period to shut down operation, revoke their license or registration certificate, or impose a fine no less than NT$30,000 but no more than NT$150,000. The central competent authority shall revoke the license of those failing to apply for a registration certificate according to related regulations.

When a management service staff employed by a condominium management and maintenance company are found in violation of Article 44, the central competent authority shall notify them to make corrections within a given period and may revoke the permit of those failing to comply within the given period or suspend them from providing condominium management and maintenance services for a period no less than 3 months but no more than 3 years or impose a fine no less than NT$3,000 but no more than NT$15,000.

When condominium management service staff other than those referred to in the preceding paragraph are found in violation of Article 45, the central competent authority shall notify them to make corrections within a given period and may revoke the permit of those failing to comply within the given period or suspend them from providing condominium management and maintenance services for a period no less than 6 months but no more than 3 years or impose a fine no less than NT$3,000 but no more than NT$15,000.

Article 52. All fines imposed in accordance with the Act shall be paid within the given period. Those failing to comply shall be referred to the court for compulsory enforcement.

Chapter VI. Supplementary Provisions

Article 53. The Act shall apply mutatis mutandis to the management and the organization of a number of independently-used buildings and condominiums while the use and the management of their common facilities is inseparable as a congregate residential area.

Article 54. The managers or management committees shall issue the notices referred to in the Act in writing.

Article 55. The unit owners of condominiums whose construction licenses had been obtained before the Act took effect are required in accordance with Paragraph 4, Article 25 to elect among them a person to be the convener and convene the first unit owner assembly to create the management committee or elect the manager and file the result with the competent authority of the special municipality or county/city for reference.

Before the unit owner assembly of condominiums referred to in the preceding paragraph establishes the condominium regulations, the standard condominium regulations of Article 60 shall serve as the condominium regulations but the restrictions on designated private areas set forth in the subparagraphs of Article 7 shall not apply. The competent authority of special municipalities and counties/cities may formulate plans to be executed in stages, in different districts and in categories (according to building height or purposes of use) to assist condominiums that have not created management organizations to convene unit owner assembly and create a management committee or elect a manager and file the result with the competent authority of the special municipality or county/city for reference.

Article 56. When applying for the building license, the builder of a condominium is required to submit the detailed plans of the individually owned units, shared areas, designated private areas, and designated shared areas as well as the draft of condominium regulations. The same procedure shall apply when changes are made to the design.

Once the draft of condominium regulations referred to in the preceding paragraph is signed by the grantees, they shall serve as the condominium regulations before the unit owner assembly establishes the condominium regulations.

The builder or the unit owners of a condominium are required to apply for the initial building ownership registration in accordance with the usages indicated in the usage license and the following surveying and mapping regulations:

  1. The outer edges of the walls shall be the boundaries of each independent building.
  2. The center of the common wall shall be the border of buildings sharing the common wall.
  3. Affiliated buildings shall be registered according to their outer boundaries.
  4. Buildings with a common wall shall be subject to the regulation set forth in Subparagraph 2. The boundaries of those without a common wall shall be defined according to the indications in the as-built drawings and the surface area shall include the thickness of the surrounding walls.

The plan for the shared areas referred to in Paragraph 1 shall include detailed plans for the spaces to be used for management and maintenance purposes.

Spaces of certain scale and height for management and maintenance purposes may be established in condominiums whose usage license had been obtained before the amendment to the Act was promulgated on Dec. 9, 2003 and they shall not be calculated as part of the building area and total floor area. The competent authority of the special municipality and county/city shall establish the regulations regarding the said scales and heights of the spaces for management and maintenance purposes and establishment conditions.

Article 57. The builder of a condominium is required to turn over the shared areas, designated shared areas and their affiliated facilities and equipment, the instruction and maintenance manuals for the facilities and equipment and supplier information, usage license transcript, as-built drawings, plumbing and wiring charts, and machine equipment and fire safety plans 7 days after the management committee is created or the manager is elected or appointed to test and confirm the plumbing and wiring systems, machine facilities, and fire safety facilities are in normal function under the supervision of personnel from the competent authority.

If the tests referred to in the preceding paragraph fail to meet the standards or the functions are apparently defective, the management committee or the manager may request the competent authority to handle and order the builder to repair and improve the defects that are attributable to the builder and repeat the handover procedure within a month.

Article 58. The builder or construction company of a condominium may not sell any units before obtaining the construction license.

The builder or construction company of the condominium may not sell any part of shared areas, including statutory open space, statutory parking spaces and statutory air raid shelter facilities to specific individuals or register any specific individuals outside the unit owners for the right of designated private usages or do anything that will jeopardize the interests of the unit owners.

Article 59. When the convener of the unit owner assembly, temporary convener, builder, construction company, unit owners, inhabitants, manager, management committee chairperson or members are found to be in violation of the subparagraphs of Article 47, 48 or 49, other unit owners, interested parties, the manager, or the management committee may list out the facts and present the evidence to file a request with the competent authority of the special municipality or county/city to handle.

Article 59-1. Special municipality and county/city governments may hire specialists, scholars, architects and lawyers to help handle condominium disputes and also appoint executives of condominium and building administration departments to organize a condominium dispute mediation committee.
The Ministry of the Interior shall establish the regulations for the organization of the mediation committee.

Article 60. The central competent shall establish the standard condominium regulations.

The draft of condominium regulations referred to in Article 56 may be established in accordance with the standard condominium regulations referred to in the preceding paragraph.

Article 61. The competent authority may delegate or authorize township (town, city, district) offices to handle matters under its authority as set forth in Articles 6, 9, 15, 16, 20, 25, 28, 29, and 59.

Article 62. The central competent authority shall establish the Enforcement Rules of the Act.

Article 63. The Act shall take effect on the day it is promulgated.

Last Updated on 2017-02-03
 
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