A Study on the Legal System of Condominium Management-Focus on the Practice of the Home Owner's Association of Condominium
| Autor: | CHENG, CHIEN-FENG, 程建峰 |
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| Rok vydání: | 2017 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 105 Traditionally in Taiwan, the idea that the land brings wealth is deeply rooted in human mind so that for many people, their goal of life is to purchase real estate. However, along with urbanization in modern society, there is lots of condominium in metropolitan areas and a huge amount of condominium is common. Households’ life is all in the community. Therefore, the pros and cons of condominium seriously affect the living quality and environment of unit owners. For unit owners, it is necessary to establish a complete normative system to be followed by the whole unit owners so as to maintain and coordinate mutual life order, which is indeed the original intention of the study. The quality of condominium administration is on the operation of the management core, namely the home owner's association of condominium. In addition to the individual unit, in community residents’ life, the management and maintenance of shared areas is closely related to the home owner's association of condominium. As a result, in this article, the subjects of condominium administration-the condominium and its basic theories - are first introduced. Second, condominium legislation in other countries is overviewed to learn legislative systems in advanced countries. Then, the basis of the establishment of the management organization, related rights, and obligations are discussed. Finally, from the dimension of practice, the legal disputes which are often faced in the conduction of the home owner's association of condominium are explored. Therefore, in this article, it is expected to explore the legal dispute issues that the home owner's association of condominium may encounter in the following five parts: First, in introduction, the research motives, purposes, range, and methods of this article are explained. Second, the basic theories of unit ownership are overviewed since it is necessary to do a basic research for unit ownership theories first in the research of condominium administration. Thus, in this part, the theories of unit ownership and the elements of individual units, shared areas, and base areas are introduced. Third, the legislation of condominium administration systems in advanced countries, such as France, Germany, and Japan is studies to compare the similarities and differences with the legal system in Taiwan so that we can learn from it. Fourth, the organization and operation modes of condominium administration are discussed to describe the essentials, programs, and related effects of unit owner assembly, condominium regulations, the home owner's association of condominium, and common funds which are regulated in Condominium Administration Act Condominium Administration Division. Fifth, the legal disputes that the home owner's association of condominium often encounters in practice-oriented management are explored. Also, related judgment and doctrines are referred and analyzed to solve the legal disputes that the home owner's association of condominium often meets in practice. Finally, conclusions and related suggestions are proposed. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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