論專有部分、共有部分與約定專用部分之判斷──以屋頂突出物與地下室停車位為例評最高法院一○一年度台上字第六四三號民事判決

Discussing the Determinants of Individual Unit, Shared Area, and Designated Private Area: Using the Examples of the Protruding Structure on the Roof of Building and the Underground Parking Space－An Analysis on Judgment T.S.T. No. 643 (High Ct., 2012)

If the specified unit of a condominium building is determined as the individual unit, a unit owner shall have the liberty to use his or her individual unit. If the specified unit of a condominium building is determined as the shared area, before the Condominium Administration Act enforced, the shared areas of a condominium could be designated as designated private area by agreement for specific unit owners to use. The specified unit of a condominium building is determined as the individual unit or shared area that is very important, because it affects the right of the unit owner greatly. The issue of this judgment is related to that the protruding structure on the roof of building and the parking space is individual unit or shared area. The courts determine the protruding structure on the roof of building and the parking space as the shared area. In addition, the courts determine that such share areas as protruding structure on the roof of building and the parking space could be designated as designated private areas by agreement. This article intends to analyze the adequacy of such opinions adopted by the courts.