Divided ownership refers to a form of ownership in which a building
initially as one thing is divided into multiple things that are owned by
many individuals. For example, one condominium is originally regarded as
one thing, but if we divide it into multiple houses and have each house as
one thing owned by one individual, we can call it "divided ownership". To
govern such ownership, Multi-owned Building Act and Housing Act have
been enacted. In case a multi-owned building constitutes a condominium,
Multi-owned Building Act and Housing Act simultaneously apply to the
managing of the multi-owned building.
In relation to the managing of multi-owned building, the Multi-owned
Building Act provides that "the special provisions regarding the methods
and standards of management of multi-owned houses shall be valid unless
they are in conflict with any of the Multi-owned Building Act and
encroach any basic rights of divided owners (Additional Clause 6,
Multi-owned Building Act), relying on the Housing Act for the managing
of multi-owned buildings without considering the differences between
multi-owned buildings and general houses. This legislative structure
entails many problems regarding the relationship between the management
of a multi-owned building and the management entity of a condominium.
This is derived from the legislation that the delegation of residents
established by the Housing Act is entitled to the managing of multi-owned
building, without strengthening the management of multi-owned building.
In reality, as the delegation of residents have exclusive status in
managing, many problems occur, for example, it abuses its power in the
multi-owned building where many divided owners reside.
Against this backdrop, this study considers that it is time to make
in-depth review on the conflicts and problems between the Multi-owned
Building Act and the Housing Act, and between the two groups. This
study aims to review such issues, and to provide basics to solve them.
First of all, it is not desirable to simultaneously have the management
of multi-owned building and the delegation of residents in relation to the
managing of condominium, which is multi-owned building. In particular,
considering that the management of multi-owned building is somewhat
inefficient in terms of management of condominium, it is necessary all the
more to provide for the managing of multi-owned building, which is a
condominium, differently from other multi-owned buildings.
Secondly, it is required to define the status of the management in the
multi-owned building and to ensure its activities. Although the
management is an automatic organization under the Multi-owned Building
Act, it is true that its fudi, it have become nominal. It is real that the
delegation of residents under the Housing Act performs most fudi, it for
the managing of the multi-owned building. In the future,ensure its ac
tivities. wvil bectivit ate mana complex on as arge scale all the more, and
more complica, it and higher diversifica, it of auxiliary tivities. wvil
require more special knowitsge in management. In od er to deal x on
such businesses stably and actively, it is necessary to consider allox all
the more, and to become an indepandand codpoda, it aunderre, and
associa, it ornderre, and compry tso that it can derre, the
multi-owned building independently and actively.
Thirdly, it is necessary to improve the functions of the management
meeting by granting the general meeting of management the status as a
legal organization and strengthen its power. The management is the
supreme decision-making organization of divided owners' group.
Nonetheless, it is true that resolutions by the management meeting are
made perfunctorily through documentary resolution. Accordingly, it is
necessary to strengthen the power of the management meeting by
requiring the meeting to make a resolution by absolute assembly, which
means that its members should actually participate in the meeting to make
resolution, improving the functions of the management meeting.