No Support JavaScript

Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 08:36
:::

Chapter Law Content

Chapter VI. Supplementary Provisions
Article 53
The Act shall apply mutatis mutandis to the management and the organization of a number of independently-used buildings and condominiums while the use and the management of their common facilities is inseparable as a congregate residential area.
Article 54
The managers or management committees shall issue the notices referred to in the Act in writing.
Article 55
The unit owners of condominiums whose construction licenses had been obtained before the Act took effect are required in accordance with Paragraph 4, Article 25 to elect among them a person to be the convener and convene the first unit owner assembly to create the management committee or elect the manager and file the result with the competent authority of the special municipality or county/city for reference.
Before the unit owner assembly of condominiums referred to in the preceding paragraph establishes the condominium regulations, the standard condominium regulations of Article 60 shall serve as the condominium regulations but the restrictions on designated private areas set forth in the subparagraphs of Article 7 shall not apply. The competent authority of special municipalities and counties/cities may formulate plans to be executed in stages, in different districts and in categories (according to building height or purposes of use) to assist condominiums that have not created management organizations to convene unit owner assembly and create a management committee or elect a manager and file the result with the competent authority of the special municipality or county/city for reference.
Article 56
When applying for the building license, the builder of a condominium is required to submit the detailed plans of the individually owned units, shared areas, designated private areas, and designated shared areas as well as the draft of condominium regulations. The same procedure shall apply when changes are made to the design.
Once the draft of condominium regulations referred to in the preceding paragraph is signed by the grantees, they shall serve as the condominium regulations before the unit owner assembly establishes the condominium regulations.
The builder or the unit owners of a condominium are required to apply for the initial building ownership registration in accordance with the usages indicated in the usage license and the following surveying and mapping regulations:
1. The outer edges of the walls shall be the boundaries of each independent building.
2. The center of the common wall shall be the border of buildings sharing the common wall.
3. Affiliated buildings shall be registered according to their outer boundaries.
4. Buildings with a common wall shall be subject to the regulation set forth in Subparagraph 2. The boundaries of those without a common wall shall be defined according to the indications in the as-built drawings and the surface area shall include the thickness of the surrounding walls.
The plan for the shared areas referred to in Paragraph 1 shall include detailed plans for the spaces to be used for management and maintenance purposes.
Spaces of certain scale and height for management and maintenance purposes may be established in condominiums whose usage license had been obtained before the amendment to the Act was promulgated on Dec. 9, 2003 and they shall not be calculated as part of the building area and total floor area. The competent authority of the special municipality and county/city shall establish the regulations regarding the said scales and heights of the spaces for management and maintenance purposes and establishment conditions.
Article 57
The builder of a condominium is required to turn over the shared areas, designated shared areas and their affiliated facilities and equipment, the instruction and maintenance manuals for the facilities and equipment and supplier information, usage license transcript, as-built drawings, plumbing and wiring charts, and machine equipment and fire safety plans 7 days after the management committee is created or the manager is elected or appointed to test and confirm the plumbing and wiring systems, machine facilities, and fire safety facilities are in normal function under the supervision of personnel from the competent authority.
If the tests referred to in the preceding paragraph fail to meet the standards or the functions are apparently defective, the management committee or the manager may request the competent authority to handle and order the builder to repair and improve the defects that are attributable to the builder and repeat the handover procedure within a month.
Article 58
The builder or construction company of a condominium may not sell any units before obtaining the construction license.
The builder or construction company of the condominium may not sell any part of shared areas, including statutory open space, statutory parking spaces and statutory air raid shelter facilities to specific individuals or register any specific individuals outside the unit owners for the right of designated private usages or do anything that will jeopardize the interests of the unit owners.
Article 59
When the convener of the unit owner assembly, temporary convener, builder, construction company, unit owners, inhabitants, manager, management committee chairperson or members are found to be in violation of the subparagraphs of Article 47, 48 or 49, other unit owners, interested parties, the manager, or the management committee may list out the facts and present the evidence to file a request with the competent authority of the special municipality or county/city to handle.
Article 59-1
Special municipality and county/city governments may hire specialists, scholars, architects and lawyers to help handle condominium disputes and also appoint executives of condominium and building administration departments to organize a condominium dispute mediation committee.
The Ministry of the Interior shall establish the regulations for the organization of the mediation committee.
Article 60
The central competent shall establish the standard condominium regulations.
The draft of condominium regulations referred to in Article 56 may be established in accordance with the standard condominium regulations referred to in the preceding paragraph.
Article 61
The competent authority may delegate or authorize township (town, city, district) offices to handle matters under its authority as set forth in Articles 6, 9, 15, 16, 20, 25, 28, 29, and 59.
Article 62
The central competent authority shall establish the Enforcement Rules of the Act.
Article 63
The Act shall take effect on the day it is promulgated.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)