| 英文摘要 |
The common fund is unquestionably an important source for the expenses of the reparation, management, maintenance, dismantlement, or improvement of shared areas (including designated shared areas) of condominium according to Article 10 Paragraph 2 and Article 11 of Condominium Administration Act. Courts, government officials, and scholars in Taiwan, however, hold different viewpoints or have a rather vague idea of fundamental issues of the common fund, such as the nature and scope of the common fund, the relation between the common fund and management fees, and the ownership of the common fund, which may lead to a misreading or a misapplication of the related provisions of Condominium Administration Act. This article will initiate the study of the issues of the common fund by introducing the Civil Judgment of Taiwan High Court Shang Yi Zi No. 847 in 2019 since the case provided a rather deeper discussion on the idea of the common fund and management fees in recent years. Following the introduction of the case, the article will extract the issues on the nature, scope, and ownership of the common fund which are worthy of being discussed from the case. The article, after the thorough observation and analysis of the judicial, administrative and academic references in Taiwan, tends to advocate that the so-called management fee is in the concept of common fund, and that the common fund is owned by all the unit owners in common. Based on the aforementioned standpoint, the article will further examine and criticize the potential problems of inclusion theory and the own-in-common nature of the common fund. The article will also try to provide some related legislative suggestions with reference value. |
