개정 집합건물법의 주요 내용과 입법과제에 관한 소고

The Act on Ownership and Management of Condominium Buildings has been amended several times to enhance the normative effect, since its enactment in 1984, However, whenever disputes arose between the owners, the occupiers and the management team, the management committee, etc, the Act on Ownership and Management of Condominium Buildings has been continuously criticized for not being effective because it cannot be resolved. The revised Act on Ownership and Management of Condominium Buildings, effective from February 5, 2021, is the fruit of efforts to protect the rights of those who own or occupy Condominium buildings and settle disputes between them. The major contents of the amendments are as follows. First, transparency in the management of condominium buildings, Second, efficiency in the management of condominium buildings, Third, prevention of gaps in the management of condominium buildings. By supplementing the above three items, the Act was designed to enhance the effectiveness of it and to provide an alternative plan for efficient management of the increasing number of condominium buildings. However, there are still areas to be improved to address all problems arising from the operation of the Act on Ownership and Management of Condominium Buildings. In order to improve this, it is necessary to supplement the regulations of the relevant office for the management and investigation of a condominium buildings, to newly establish a regulation on the administrative expenses, to ensure that the other party who has received an application for dispute mediation must comply with the request so that the Dispute Mediation Committee can operate effectively, and to obtain consent from all owners of changing of common sector as in case of civil law.