Management of Aggregate buildings and participation of occupiers

Abstract

The 「Act On Ownership And Management Of Condominium Buildings」(hereinafter 「Aggregate Building Law」) stipulates that a person who occupies the section for exclusive use with division owner’s consent has the same status as the division owner. According to 「Aggregate Building Law」, for the occupant's participation, he/she has a voting right at a managing body's meeting and election of a managing committee members at the same time, may attend the meeting and state his/her opinion, insofar as has an interest in the purpose of the meeting. Furthermore, the「Aggregate Building Law」actively encourages the occupants to participate in the managing body, and proposes that a certain number of occupants shall be members of managing committee. About this, the researcher criticizes that it infringes on the basic rights of the division owner, because the occupant is exercising the same rights. However, it is positively evaluated the occupant’s participating in the managing committee as a member, In terms of guaranteeing his will. But, the「Aggregate Building Law」does not provide for the managing committee as an essential institution of the managing body, and even where a managing committee is established, a manager shall conduct after a resolution adopted at the managing committee: Provided, That this shall not apply to the matters otherwise prescribed by regulations. Therefore, the researcher proposes to define the managing committee, which guarantees the participation of the occupants, as an essential institution of the managing body, partial amendments to the「Aggregate Building Law」