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🛋 | "Condominium management" system started in 2022, how will it affect the selection of condominiums?


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"Condominium management" system started in 2022, how will it affect the selection of condominiums?

 
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In this case, even if the initial repair reserve fund is small, it has been decided in advance that a "gradual increase method" will be adopted, in which the reserve will be gradually increased in 5 or 10 years.
 

It has been said for a long time that "buy an apartment by management", but in reality, many people do not pay much attention to it ... → Continue reading

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Management association

In this item,Management association for condominiums and other apartmentsIs described.


Of apartments such as condominiumsManagement association(Kanriku Miai) is an organization composed of owners of each room of the relevant building to manage condominiums and other condominiums.Law on sectional ownership of buildings(Hereinafter, the Sectional Ownership Law).

Overview

Purchasers and heirs of condominiums and housing estates become compartmentalized owners based on the compartmentalized ownership law.The inside of the purchased compartmentalized ownership departmentExclusive partAt the same time as getting the right to use freely as a corridor, elevator, plumbing, etc.Common areaThere is an obligation to maintain and manage (all except the exclusive part) jointly with all division owners.The private part that you own without livingRentEven ifCommon areaThere is no change in the obligation to maintain and manage.

In the case of new construction for sale, when the delivery to the compartmentalized owner who purchased each property is completed, based on the compartmentalized ownership lawThe highest decision-making body of the management unionGeneral meeting[Note 1]Is convened and a management union is established.At the same time, it can be said to be the law of the management union.Management agreementIs approved.The division owner is supposed to become a member of the union when the union is established, and will be involved in its operation.

Chairman elected at the general meeting based on the management agreementAccountingAudit the board of directors, which consists of two officers and the number of directors according to the size of the condominium.AuditorsOperates the management union.

At the general meetingVoting rightsIt is,General meeting of shareholdersSimilar to the above, there are voting rights according to the ownership ratio, and when both the "number of compartmentalized owners" and the "number of voting rights" satisfy the conditions, so-calledParliamentary democracyIt can be passed by the procedure of.There are two types of general meetings: the "ordinary general meeting (regular general meeting)" held once a year and the "extraordinary general meeting" held temporarily.

To the management unionLegal personalityCan also be obtained.By acquiring legal personality, you can become a management association corporation or a housing complex management association corporation, and you can clarify the whereabouts of legal responsibility.

Act on Promotion of Appropriate Management of CondominiumsIn Article 2, the management association shall be "an organization stipulated in Article 3 or Article XNUMX of the Sectional Ownership Law that manages condominiums or Article XNUMX, Paragraph XNUMX of the Sectional Ownership Law (Article XNUMX of the Sectional Ownership Law). (Including cases where it is applied mutatis mutandis in Article XNUMX)) ”is defined as.

Outside of Japan, a management organization called Homeowners' association (HOA), which is equivalent to a management association, may be established in accordance with the law.

Board of directors

The activities of the Board of Directors shall hold meetings of the Board of Directors in a timely manner and carry out union management based on the decisions made at the General Assembly of the Union.

In addition, it is necessary for union management such as budget proposals and financial statements, business reports, next year's business plans, revisions to management agreements, consignment contracts to qualified persons for legal inspections, long-term repair plans, various licenses, etc., which are important matters. The board of directors will also discuss and resolve matters and prepare a draft general meeting to propose to the union general meeting.For business reports and financial statements, the auditorauditI need a report.The chairman must convene a general meeting at least once a year, submit a draft of the general meeting, execute a resolution, and obtain approval.

Since the board of directors is an organization that manages the union based on the decisions made at the general meeting, it has no decision-making power other than emergency response.Therefore, if new proposals or changes are made that are not in time for the next ordinary general meeting, it is necessary to convene and hold an extraordinary general meeting and obtain the resolution procedure at the general meeting or the procedure for obtaining the written consent of all members.

Remuneration for board officers may be paid or free.In the case of a fee, the amount may be the same for all officers, while others may be set for each of the chairman, directors, auditors, etc.In some cases, a fixed amount is paid for each attendance at the board of directors.

Manager

In an apartmentManagerIs a person who preserves buildings and sites and implements assembly resolutions under the Sectional Ownership Law.In addition, within the scope of duties, it is possible to represent a compartmentalized owner or own a common area.The manager can be anyone by resolution of the General Assembly, as long as there are no restrictions on the homeowner association.It is not necessary to be a compartmentalized owner, and it may be a management company or an apartment manager.Standard management agreementThen, the chairman of the management union is the manager.

However, if the management union is incorporated, the union corporation will be in the same position as the manager, so the manager will not be subject to establishment under the Sectional Ownership Law.[1].

It is different from the management company, manager (manager), fire prevention manager, etc.

Auditors

Auditors are in charge of auditing the business execution of the board of directors.Since he is not a member of the board, he can express his opinions, but he does not have the right to vote on the resolution of the board.However, depending on the operating environment of the union, activities may be carried out as a member of the board due to lack of personnel.

Union operating expenses

As a cost to maintain the condominiumManagement agreementExpenses collected from the compartmentalized owner based on.Usually, every month, the management association is paid the expenses required for management.

Administrative expenses

There are various collection items depending on the size of the condominium.The following is an example.

  • Administrative expenses --Items for daily management.Utility costs for common areas, inspection costs for each facility, outsourcing costs, etc.
  • Parking Fee-Collected from compartmentalized owners or residents who use the on-site parking lot.Parking lot maintenance costs, and evenReserve for repairsIt also serves as a financial resource for.
  • Bicycle parking lot usage fee-Collected from the compartmentalized owner or resident who uses the bicycle parking lot on the premises.It will also be used to finance the production and maintenance of license stickers, as well as reserves for repairs.
  • Union dues-Expenses required to operate a management union.Meeting fees, public relations and communication costs, executive activity costs, etc.

Reserve for repairs

Planned common arearepair, Accumulated money to carry out temporary repairs.As a general rule, it is accumulated evenly throughout the accumulation period.[2]..In addition, there are cases where a certain amount of money is paid in addition to the regular reserve fund under the name of "lump-sum repair payment" or "repair fund" when the property is purchased separately.If the management association that does not adopt the above system does not review the long-term repair plan and the repair reserve fund, the reserve fund will be insufficient when carrying out large-scale repairs, and an additional collection will be made by a general assembly resolution as a "lump-sum repair fund". It is often done.

In Japan, the increase in aging condominiums and inadequate renovation have become social problems.SlumIt has even been pointed out that it may lead to conversion.It is also emphasized as a countermeasure against aging problems from the aspect of financial resources.[3].

Purpose and operation

In addition to the maintenance of the building, the amount of the reserve for repairs itself is the condominium, etc.EconomyIt influences the maintenance and improvement of value.[4],Exclusive partBecause it is important in buying and selling such asResidential land and building transaction business lawThe explanation of important matters based on the above also stipulates that the repair reserve fund is related (Article 35 of the law).

This repair reserve fund is distinct from normal management costsaccountingIt should be done and should not be diverted to management costs[5]..In addition, when calculating the reserve amount, it is important to consider the scheduled implementation time of various repair works predicted in the future and the estimated required amount of work.In addition, it is a huge reserve, so careful storage is required.[6]..For income,Parking LotOf the income from the usage fee for common areas, the portion to be used for their management costs will be used for repair reserves.Furthermore, the operation of the repair reserve fund is considered to be the business of the management association.[7].

Use

Ministry of Land, Infrastructure, Transport and TourismApartmentStandard management agreementThen, it is permitted to withdraw the reserve fund when it is applied to the next expense.[Note 2]..When withdrawing, a resolution of the management union general meeting is required[5].

  1. Systematic repairs after a certain number of years
  2. Repairs required due to unforeseen accidents or other special reasons
  3. Change of site and common area
  4. Investigation of matters necessary for consensus building related to building rebuilding
  5. Management that is specially required for the benefit of the entire division owner when managing other sites and common areas, etc.

In particular, formulate a long-term repair plan in advance to deal with deterioration over time.[Note 3], It is necessary to reserve the necessary repair reserve fund.This is because it is not easy to collect the above costs when spending.

Operational rules

In addition to the management rules, which can be said to be the law of the management association, rules and regulations according to the scale will be established at the general meeting.The following is an example.

  • Detailed rules of use
  • Detailed rules for parking lot use
  • Detailed rules for using bicycle parking lots
  • Detailed rules on animal breeding
  • Detailed rules for using a private garden
  • Detailed rules for repairing proprietary parts
  • Detailed accounting rules
  • Balcony usage rules

Problems in union management

The biggest problem that unions have these days is management costs and repair reserves.DelinquentIs.The management fee is paid to the management company for legal inspections and daily cleaning, and the repair reserve fund is deposited as a reserve for repairing common areas, but due to lack of this, management is not complete and repairs cannot be done. If the condition continues, the value of the condominium will decline[8]..As a result, the occupancy rate declines, leading to a vicious cycle in which property prices and rent prices at the time of rent further decline.

If management costs and repair reserves are managed as deposits, the repair reserves can exceed XNUMX million in large condominiums.In that case,PayoffNeed to be considered.As an emergency responseSavings depositThere are methods such as switching to.When managing management costs and repair reserve funds, it may be necessary to register the management association as a corporation.

As another problem, the management association is free to choose the management company to outsource the management, but in reality, the related management company has already been decided by the sales company at the time of purchase, and the condominium management agreement IsMinistry of Land, Infrastructure, Transport and TourismIssued condominiumStandard management agreementIs a template, but in many cases, consent to the management agreement created in advance by the sales company is a condition for purchase, and of course, content that strongly reflects the intentions of the sales company and management company is added. It may cause trouble.

In addition, due to the nature of business that requires continuity,Market competitionThere have been many reports of troubles such as unclear contract fees that are difficult to work with, and there is a survey that about 30% of management associations that considered changing the management company are being disturbed.

On the other hand, there are cases where the management union also has a temperature difference for each condominium, and the management union is left to the management company and is virtually non-functional, or the union members are in a fierce conflict and the union general meeting cannot be held.

In the case of large-scale repairs, careful examination is required when selecting a construction contractor, but it is difficult to make a judgment when a malicious consulting company intervenes.[9]..If it is difficult for a contractor to carry out contract work such as bankruptcy, another contractor may take over.This is what many vendors collectively acquire legal personality and this corporation guarantees.[10].

Qualifications related to condominium management

Each qualification is not necessary for members of management associations consisting of compartmentalized owners, directors, etc.

National qualification

Two based on the Condominium Management Optimization LawNational qualificationThere is.

Private qualification

There is a private qualification that is not stipulated by law as a qualification accredited by the High-rise Housing Management Association.

Related item

References, etc.

footnote

[How to use footnotes]

注 釈

  1. ^ Condominium standard management agreementWhile it is called a "general meeting", it is also called a "meeting" under the Sectional Ownership Law.
  2. ^ Although it is called "repair reserve fund"AccountingIt is not limited to the above applications.capitalIn some cases, those that correspond to target expenditures are targeted.
  3. ^ According to the Ministry of Land, Infrastructure, Transport and Tourism's standard condominium management rules, the planning period for long-term repair plans is required to be about 30 years for new construction and about 25 years or more in other cases.

Source

  1. ^ Article 47 Law Concerning Divisional Ownership of Buildings Article 47
  2. ^ Ministry of Land, Infrastructure, Transport and Tourism MansionStandard management agreementArticle 25, Article 28
  3. ^ Guidelines for proper management of condominiums (Ministry of Land, Infrastructure, Transport and Tourism)
  4. ^ "New Essential Real Estate Appraisal Criteria" p.296
  5. ^ a b Ministry of Land, Infrastructure, Transport and Tourism Condominium Standard Management Regulations Article 48
  6. ^ #References, etc. Condominium management centerpage of
  7. ^ Ministry of Land, Infrastructure, Transport and Tourism Condominium Standard Management Regulations Article 29, Article 32
  8. ^
  9. ^ “Targeted condominium reserve fund repairs and malicious consulting rampant”. Nihon Keizai Shimbun(July 2018, 11). https://www.nikkei.com/article/DGXMZO37740710U8A111C1EA8000/ 2018/11/30Browse. 
  10. ^ Condominium Planning Repair Construction AssociationDue to

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