| Abstract: | 公寓大廈是現代人安身立命之處所，其管理之良窳關係著我們一般人的居家安全與生活品質。近年來社會上所發生的一些公寓大廈管理問題，像基地台設置、瓦斯氣爆、訴請愛滋病住戶遷離，乃至女童跌落電梯坑道死亡等，無一不震撼著我們社會。為妥善處理此等問題及防患類似事件再度發生，建立完善的公寓大廈管理制度，刻不容緩。因此，如何健全公寓大廈管理制度，是一亟待研究之課題。鑑此，申請人擬對公寓大廈管理制度作一系列研究，即：第一年擬研究公寓大廈的管理組織。亦即研究如何加強區分所有權人會議、管理委員會、管理服務人之功能，其內容包括（1）區分所有權人會議之運作。（2）管委會之法律地位（法人化之可行性）及職務。（3）管理服務人資格及管理維護公司之管控。第二年擬研究公寓大廈之管理方式與內容。按公寓大廈之管理內容，依其性質可分為物的管理與人的管理。在物的管理方面研究重點擬放在專有共用、共有專用以及重大修繕與重建。在人的管理方面，研究重點則放在住戶生活妨害之管理及對違反共同利益行為之制裁方式。第三年擬研究集居地區建築群（集合住宅）之管理。公寓大廈管理條例第53 條雖規定，集合住宅管理準用本條例之規定，但此一條文頗為粗糙，不足以因應。因此，擬參考日本建物區分法第二章「團地」之規定，對集合住宅準用公寓大廈管理條例規定與不得準用之情形，分別探討。同時針對集合住宅之特殊性研究如何建構其管理機制。
The mansions, condominiums, and apartment buildings are the places where modern people can settle themselves down and take shelter. However, the success or failure of the management and maintenance of those places has a lot to do with the safety of our residence and the quality of our daily lives. The problems happening recently regarding the management and maintenance of the mansions, condominiums, and apartment buildings, such as the construction of cellular base stations, the blast of gas, the suit for moving out against HIV inhabitants, and the death of the girl falling down into the elevator bunk, have been shocking the people. In order to prevent similar cases from happening again and to properly deal with such incidents, we now face an urgent demand of establishing immediately a good and sound management and maintenance system of the mansions, condominiums, and apartment buildings. In hence, the issue of how to consummate the management and maintenance system of the mansions, condominiums, and apartment buildings has become a subject needed to be studied in depth. Whereas the reasons above, we will conduct a series of researches regarding the management and maintenance system of the mansions, condominiums, and apartment buildings mentioned as follows, In the first year, the organizations of the management and maintenance of the mansions, condominiums, and apartment buildings will be explored, i.e. a research on how to strengthen the functions of the meeting of apartment owners, the committee of management and maintenance, and the service providers of management and maintenance will be conducted. The research will include the following subsidiaries, (1) the operation of the meeting of apartment owners, (2) the legal position - including the possibility of becoming a legal person - and the duties of the committee of management and maintenance, and (3) the qualification of the service providers of management and maintenance and the way to control and audit the management and maintenance service companies. In the second year, the ways in which the management and maintenance is conducted will be inspected. According to its content, the management of the mansions, condominiums, and apartment buildings can be divided into two categories, which are the management as to objects and the management as to persons. The research of the management as to objects will be focused on the shared use of exclusive parts, the exclusive use of shared parts, the repair for severe incidents, and the reconstruction. The research of the management as to persons will be focused on the management of the public nuisance to the inhabitants』 livings, and the sanctions against offences violating common interests. In the last year, we are intended to give a close look on the management of the building groups in congregated residences-the congregated housing. Although Article 53 of Statute of the Management of Apartment Buildings prescribes that the articles of the Statue itself shall also apply mutatis mutandis to the management of the congregated housing, this Article 53 is quite rough. Therefore, we are planning to refer to the articles in Chapter 2 of Japanese Condominium Apartment Ownership Act to distinguish which Article in our Statue is applicable mutatis mutandis to the congregated housing and which is not allowed to be applied. At the same time, we will also conduct a research on how to establish a management mechanism that fit the specialty of congregated housing. |
