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Chapter Law Content

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 49-1
If a condominium fails to create a management committee or elect a manager and register the result within the given period as described in Article 29-1, the competent authority of the special municipality or county/city shall impose a fine of more than NT$40,000 but less than NT$200,000 on each individual unit owner and at the same time order the unit owners to complete the task within a given period. If the unit owners continue to fail to comply, they may be fined per violation.
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.