2016년 6월 18일 토요일

Management union

Management union

In this item, I describe the management union of the apartment.

The appearance during large-scale repair construction to be carried out regularly for every 10-15 years of the apartment. One of the important business in the management union.

A management union (かんりくみあい) is a group constructed by division owner to sort division possession building (condominium, housing complex) based on Law for Comparted-ownership, etc. of Building (the following, Partitionary Property Act), and to own.

Table of contents

Summary

The buyer of an apartment and the housing complex becomes division owner based on Partitionary Property Act. Duty to do maintenance in cooperation with all division owners produces common use parts (all except the exclusive possession part) such as a corridor and an elevator, the plumbing at the same time to get the right that the inside of the division possession part which I purchased uses it as an exclusive possession part freely. When I assume an exclusive possession part to own lease without living, duty to do the maintenance of the common use part is unchanged.

When delivery begins in the division owner who purchased each article, a general meeting [1] that is the best decision maker of the management union is convened based on Partitionary Property Act, and a management union is established. A management agreement to be able to be called the law of the management union at the same time is approved. It is decided to become a member of an association with the association establishment necessarily, and the division owner will be engaged in the administration. An administrative body called Homeowners' association (HOA) which is equivalent to the management union any place other than Japan may be established according to laws.

Based on a management agreement, 2 officers of the chief director, accounts to elect at a general meeting and inspector inspecting the board of directors, the board of directors comprised by a director of the number of people depending on the scale of the apartment run an association directly.

There is a voting right depending on the possession ratio in the same way as a general meeting of stockholders and can approve the voting right at the general meeting by a procedure of so-called parliamentary democracy because the both sides of "the number of division owners" and "the number of the voting right" meet a condition. There is "the extraordinary general meeting" held for "ordinary session of the Diet" (regular general meeting) held once a year and temporariness in the general meeting.

I can let the management union acquire a juridical person. I can clarify management union corporation and housing complex management union method personality, legal who is responsible by acquiring a juridical person.

In law Article 2 3 about the promotion of the adequacy of the management of the apartment, the management union is defined saying "I say a corporation to prescribe to group to prescribe in Partitionary Property Act Article 3 managing the apartment or Article 65 or Partitionary Property Act Article 47 Clause 1." (I include a case to apply mutatis mutandis in Partitionary Property Act Article 66.).

Board of directors

I hold a meeting of the timely board of directors, and the activity of the board of directors carries out association administration based on the decision in the association general meeting.

In addition, discussion decides the matter which is necessary for repair schedule, association administration including various authorization for a trust contract, the long term to a qualified person of a business plan, the reform bill of the management agreement and the legal check in a budget bill and the statement of accounts equal to the important matter, a business report, the next fiscal year and performs the making of the general meeting bill book to suggest to an association general meeting at a place of the board of directors. In addition, and a business report needs the inspection report of the inspector about the statement of accounts. Call open holds a general meeting more than once a year, and the chief director submits a general meeting bill book and I carry out a resolution and must get approval.

The board of directors does not have a decision right other than emergency correspondence for an organization performing association administration based on the decision in the general meeting. Therefore when the new suggestion and change matter which are not enough for the ordinary session of the Diet of the next term appear, the call, open holds extraordinary general meeting, and the resolution procedure at the general meeting or a procedure to obtain consent of all the members of an association in the document is necessary.

In the case of payment, the reward to board of directors officer may be free. In the case of payment, as for the sum, there is the thing which sets a sum in chief director, director, each including the inspector if there is the thing of the officer one law. In addition, one time of board of directors one present is accompanied and may pay a constant sum.

Manager

In Partitionary Property Act, I save a building and the site, and a manager in the apartments is a person carrying out a meeting resolution again. In addition, in duties range, I represent division owner and can own a common use part. If a management agreement does not have a limit, the manager can become anyone by a general meeting resolution. It is not necessary to be division owner, and a management company and apartment house manager may become. In the standard management agreement, I assume the chief director of the management union a manager.

But the manager is not targeted for setting in Partitionary Property Act because an association corporation becomes the situation like the manager when a management union is made a corporation [2].

In addition, it is different from a management company, a manager (manager), fire marshal.

"Manager" and "the wikt: manager refer, too"

Inspector

The post that the viewpoint of the inspector inspects the duties execution of the board of directors. Thus, it is a viewpoint different from a director of the board of directors, and the voting right of the board of directors resolution does not have basically. However, depending on association administration environment, activity may be carried out as a member of the board of directors from understaffing.

Association budget

An expense to collect from division owner based on a management agreement as an expense to perform maintenance of an apartment. I usually deliver expenses required for management every month for a management union.

Administrative expense

Depending on the scale of the apartment, there are a variety of collection items. Follows are example.

  • An item for administrative expense - daily life management. The energy bill of the common use part and the check expense of each facility, outside order costs.
  • I am collected by division owner using the parking lot in use of parking lot charges - site or a resident. Besides, the expense of the maintenance of the parking lot, it is resources of the repair financial reserve.
  • I am collected by division owner using the bicycle parking lot in bicycle parking lot use charges - site or a resident. Besides, production and the maintenance administrative expense of the licensing seal, it is resources of the repair financial reserve.
  • An expense required for the administration of due - management union. Meeting costs, an expense required for public information and connection duties, officer activity costs.

Repair financial reserve

I saved the money that I collected to carry out the premeditated repair of the common use part, temporariness-like repair. As a general rule, I save it equally through savings period [3]. In addition, there is the example which I put a constant amount of money in separately from periodical financial reserve under the name of "a repair lump sum" or "a repair fund" when I purchased division possession article. When I do not perform a long-term repair plan and a review of the repair financial reserve in the management union which does not adopt the above system, I am not rarely collected as "a repair lump sum" without enough financial reserve more by a general meeting resolution when I repair it on a large scale.

In Japan, a shortage of the increase of the timeworn apartment and the repair becomes the social problem and has even fear to be connected pointed out by ghettoism. I am made much as issue of deterioration measures from resources side [4].

A purpose and operational

In addition to the maintenance of the building, quantity in itself of the repair financial reserve controls maintenance, the improvement of the economic values such as the apartments concerned [5], and a thing about the repair financial reserve is established in an explanation matter of the important matter explanation based on the residential land building business business method in the buying and selling such as exclusive possession parts because it is an important thing (law Article 35).

You distinguish this repair financial reserve from the normal administrative expense and it is an accounting means kimono and must not divert it to administrative expense [6]. In addition, in calculation of the amount of savings, it is important I am going to carry out various repair construction predicted in the future, and to take time and the amount of necessary construction possibility into consideration. Furthermore, carefulness is required for storage to become a large amount of savings [7]. The others of the thing to allot for those administrative expense are allotted for repair financial reserve in the fee for use incomes of the common use part such as parking lots about the income more. Furthermore, the use of the repair financial reserve is considered to be the duties of the management union [8].

Purpose for which money is spent

In the Ministry of Land, Infrastructure and Transport apartment standard management agreement, it is admitted that I demolish it in cases to allot financial reserve to the next expense [9]. When I demolish it, the resolution of the management union general meeting is required [6].

  1. Repair to perform premeditatedly every progress of the constant number of years
  2. Repair to be necessary by unexpected accident or other special reasons
  3. Change of the site and common use part
  4. Investigation into matter which is necessary for the agreement formation to affect the rebuilding of the building
  5. The management that becomes particularly necessary for profit of the whole division owner on the occasion of the management such as other sites and common use parts

Particularly, I devise a long-term repair plan beforehand to cope with deterioration by the aging [10], and it is necessary to save necessary repair financial reserve. This is because it is not easy to collect the expense mentioned above in the case of expenditure.

Rule about administration

Other than a management agreement to be able to be called the law of the management union, a rule and a rule depending on a scale are established at a general meeting. Follows are example.

  • Use detailed rules
  • Use of parking lot detailed rules
  • Bicycle parking lot use detailed rules
  • Detailed rules about the animal breeding
  • Use of exclusive garden detailed rules
  • Detailed rules about the repair of the exclusive possession part
  • Accounts processing detailed rules
  • Use of balcony rule

Problem in the association administration

The first problem of these days when an association has it is nonpayment of administrative expense and the repair financial reserve. The administrative expense is paid to a management supplier for trust such as legal check or the everyday cleaning, and the repair financial reserve is deposited savings in for the repair of the common use part, but the value of the apartment decreases when the state that the repair does not always go as we want continues without management being careful by lacking this [11]. Because occupancy rate decreases, an article price and rent market price at the time of the lease fall into a vicious circle to decrease more and in this way make a slum it.

When I manage administrative expense and the repair financial reserve as a deposit, in the large-scale apartment, repair financial reserve may become the amount of money more than hundred million. In that case, it is necessary to consider a payoff. Urgent correspondence includes technique such as changing it to an ordinary deposit for the settlement. When I manage administrative expense and repair financial reserve, the corporation registration of the management union may be necessary.

As other problems, the management union can choose a management supplier to entrust with management freely, but a related management company has been already decided at the time of the purchase practically by a sales company, and, as for the management agreement of the apartment, an apartment standard management agreement of published by Ministry of Land, Infrastructure and Transport is assumed a model again, but the agreement to the management agreement that a sales company made beforehand often becomes the condition of the purchase, and, as a matter of course, the contents which were strongly reflected are added, and the intention of a sales company and the management supplier may get into trouble in this.

In addition, market competition is hard to act and, in the property of the duties that continuity needs, is reported the trouble with indistinct contract deposits a lot, and there is an investigation to receive some kind of interference as for approximately 30% of management unions which examined the change of the management supplier.

On the other hand, there is difference of temperature in the management union every apartment, and the management company にまかせっきりで management union and members of an association who do not function virtually are opposed intensely, and there is the case that the association general meeting does not always go as we want.

I need careful examination on choosing the person of construction contracting business on the occasion of large-scale repair, but a manufacturer is to a different supplier succeeds, setting it up when the accomplishment of contract duties including the bankruptcy is difficult. As for this, many suppliers are gathered up and acquire a juridical person, and this corporation guarantees it [12].

Qualification about apartment management

Each qualification is not a thing necessary for a member, the director of the management union consisting of division owners.

National qualification

There are two national qualifications based on apartment management adequacy law.

Private qualification

There is the prescribed private qualification that there is not for a law as the qualification that association of high-rise house management business authorizes.

Allied item

such as references


Footnote

  1. I am called "a meeting" in the Partitionary Property Act while I am called "a general meeting" in the ^ apartment standard management agreement.
  2. ^ Article 47 Law for Comparted-ownership, etc. of Building Article 47
  3. ^ Ministry of Land, Infrastructure and Transport apartment standard management agreement Article 25, Article 28
  4. Guideline (Ministry of Land, Infrastructure and Transport) about the adequacy of the management of the ^ apartment
  5. ^ "new general statement real estate judgment evaluation standard" p.296
  6. ^ a b Ministry of Land, Infrastructure and Transport apartment standard management agreement Article 48
  7. ^ # references Apartment-management consultation centerの page
  8. ^ Ministry of Land, Infrastructure and Transport apartment standard management agreement Article 29, Article 32
  9. I say ^ "repair financial reserve", but am not limited to the accounting repair costs with the applicable use. It may be for things equal to the capital expenditure.
    I refer to "the expense"
  10. In the ^ Ministry of Land, Infrastructure and Transport apartment standard management agreement, in the case of new construction, in the case of others, things more than around 25 years are demanded for around 30 years during the plan period of the long-term repair plan.
  11. ^
  12. I stop at the ^ apartment plan repair construction associations

Outside link

It is acquired by "https://ja.wikipedia.org/w/index.php?title= management union &oldid=54967041"

This article is taken from the Japanese Wikipedia Management union

This article is distributed by cc-by-sa or GFDL license in accordance with the provisions of Wikipedia.

Wikipedia and Tranpedia does not guarantee the accuracy of this document. See our disclaimer for more information.

In addition, Tranpedia is simply not responsible for any show is only by translating the writings of foreign licenses that are compatible with CC-BY-SA license information.

0 개의 댓글:

댓글 쓰기

피드 구독하기: 댓글 (Atom)