A Study on the Reconstruction of the Condominium -- Focus on Urban Renewal Act

• Main Authors: Kung Chang, 張 崑
• Other Authors: 謝在全
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/26n8ke

碩士 === 東吳大學 === 法律學系 === 102 === "Collective housing" type of condominium, three-dimensional use of the land, has become the mainstream in Taiwan urban housing. But the early biult condominiums now have rendered the old state. It has gradually entered the stage of renewal and reconstruction. However, condominium building consisting of individual units of the building and the common elements of the building and its accessories, is a special type of ownership. The features of use and the legal relationships of condominium building, are obviously more complicated than the traditional ordinary building. It leads to reconstruction often difficult. Although the Urban Renewal Act has been legislated, but the practice is still on the dispute after another and ineffective. Even some of the provisions of the Act was declared unconstitutional by the Judicial Yuan Interpretation No. 709. If the reconstruction of condominium buildings can not be resolved properly, it will ultimately be a serious social problem. For the reconstruction of condominium buildings, the Condominium Administration Act has only the provisions of Articles 13 and 14 as an embellishment. It can not satisfy the social demands seemingly. According to proviso section 1 of Article 13 of the Condominium Administration Act, the reconstruction is to be conducted in line with an urban renewal project, which means the reconstruction handled by the relevant provisions of the Urban Renewal Act. It is the main way of the reconstruction of condominium buildings. Under the active legal system, rules of the reconstruction of condominium buildings still exist omissions. This thesis intends to discuss the problems of the reconstruction of condominium buildings from legal aspect, and the current provisions of the Urban Renewal Act relating to the implementation of urban renewal business. It will try to clarify some concepts and details related to law, propose appropriate solutions and recommendations. We expect to eliminate the potential conflicts that may occur, have advantage to the reconstruction of condominium buildings, and reach the purpose to promote the public interest.