대만법의 집합건물의 관리비와 수선충당금

This article examines sectional ownership under the Taiwan Civil Code(1929) and the Condominium Administration Act(1995), which constitutes a special civil statute, with particular focus on practical issues concerning management fees and repair reserve funds in condominium buildings. First, although the Taiwan Civil Code originally contained only brief provisions on sectional ownership of buildings—similar to Article 215 of the Korean Civil Code—it has introduced more detailed regulations through subsequent amendments. In addition, the Condominium Administration Act was enacted to govern matters relating to the management of sectional ownership. In Taiwan, ownership and management of condominium buildings are clearly regulated by two separate statutes. In Korea, in addition to the provisions on sectional ownership under the Civil Code, the Act on the Ownership and Management of Aggregate Buildings and the Housing Act regulate issues of ownership and management. The Taiwanese legislative structure may provide meaningful implications for the future harmonization and systematic operation of these laws in Korea. Next, management fees in condominium buildings are indispensable for the repair reserve fund and for the management, maintenance, and repair of the building, and they also play a crucial role in maintaining the order of communal living. Under the current Taiwan Civil Code and the Condominium Administration Act, the relevant provisions on management fees are easily conflated with those on repair reserve funds, and there is a need to distinguish the two more clearly through future amendments. The proposed amendment appropriately reflects this concern by clearly differentiating management fees from repair reserve funds, which may offer useful guidance for future legislative reforms in Korea. Furthermore, the Taiwanese legal framework provides detailed regulations and discussions regarding specific issues related to management fees and repair reserve funds in condominium buildings. These discussions may also serve as valuable references in the development of Korean civil law. Furthermore, the Taiwanese legal framework provides detailed regulations and discussions concerning specific issues related to management fees and repair reserve funds in condominium buildings. These aspects may also serve as valuable references for discussions under Korean civil law. In Taiwan, the standard for allocating management fees is, in principle, determined in proportion to floor area. However, taking into account factors such as the purpose of use and the actual manner of use, reasonable and equitable differentiation is not entirely excluded. Even where a sectional owner is not the actual occupant or user of the unit, the owner should ultimately bear the obligation to pay management fees in order to ensure the sound management and maintenance of the building. With regard to delinquent management fees incurred by a predecessor, it is difficult to interpret the current law as imposing liability on the successor owner to assume and repay such arrears under Article 24 of the Condominium Administration Act or Article 826-1 of the Civil Code. As for the handling of overdue management fees, except for emergency measures under Articles 21 and 22 of the Condominium Administration Act, the condominium bylaws may provide for sanctions against violations of obligations. However, such measures must not contravene mandatory provisions, public policy and good morals, the prohibition of abuse of rights, the principle of fairness, or the principle of proportionality. The claim for management fees should continue to be subject to the five-year short-term extinctive prescription. In addition, beyond traditional condominiums or residential multi-unit housing—such as apartment buildings and row houses primarily intended for residential purposes—the regulatory scope in Taiwan also raises questions concerning buildings held under sectional ownership structures, including officetels, commercial complexes, mixed-use developments, and knowledge-industry centers. How such buildings should be regulated and how management bodies should be supervised constitute common challenges in modern condominium law across jurisdictions. In Taiwan, no amendment has yet been enacted to expand the scope of regulated sectional ownership buildings. However, the Draft Amendment to the Condominium Administration Act(2013) proposes extending the scope of application beyond apartment buildings under sectional ownership to include jointly owned buildings.