Chapter  II Rights and Obligations of Inhabitants

Article 4
Unless otherwise stipulated in laws, a unit owner shall have the liberty to use, benefit from, and dispose of his or her individual unit and to exclude the interference from any others.
An individual unit may not be separated from the shares of the shared areas, the base title or superficies and transferred or used for creation of encumbrances.

Article 5
When using their individual unit, unit owners may not engage in any practice that is impairing the proper use of the building or violating the common interests of all unit owners.

Article 6
All inhabitants are required to abide by the following:
1. Not to disturb the peace, safety and sanitation of other inhabitants when maintaining, repairing their own units or designated private areas or exercising their rights;
2. Not to refuse the requests of other inhabitants to enter or use their units or designated private areas for maintenance or reparation of their units or designated private areas, or conduct plumping and wiring works;
3. Not to refuse the requests of the manager or management committee to enter or use their units or designated private areas for maintenance or reparation of shared areas or to conduct piping and wiring works;
4. Obtain the consent of the manager or management committee before accessing shared areas for maintenance or reparation of individual units or designated private areas or to conduct piping and wiring works;
5. Other provisions stipulated in related laws and the condominium regulations.
The entry and use referred to in Subparagraphs 2 to 4 of the preceding paragraph shall be conducted at the place and by the method with minimized damage and the damage thereof incurred shall be restored or compensated for.
When an inhabitant has violated any of the regulations of Paragraph 1 and still refuses to fulfill the obligations after mediations, the other inhabitants, manager or management committee may request the competent authority or sue to the court for necessary disposal in accordance with the nature of the violation.

Article 7
Any of the shared areas of a condominium may not be used as part of an individual unit. The items specified in the following subparagraphs may not be designated as designated private areas:
1. The lot the condominium is built on;
2. The hallways or stairs leading to a number of individual units, the passages or vestibule leading to the outdoors, and the alleys and fire escape alleys within the community;
3. The foundation, principal beams and pillars, load-bearing walls, and the structures of floors and roof of the condominium;
4. When such designation is in violation of related laws;
5. Any other shared areas that have been designed for particular purposes and are indispensible in the daily activities of all the unit owners.

Article 8
Other than compliance to the regulations of the related laws, if there are stipulations in the condominium regulations or related decisions have been made by the unit owner assembly and have been registered with the competent authority of the special municipality or county/city, all changes to be made to the structure or color, installation of advertising signs, metal gratings or other similar conducts around or on the exterior of the condominium, the rooftop terrace, or air raid shelters that are not individually owned shall be subject to the condominium regulations or the decisions made by the unit owner assembly.
Inhabitants in the condominium with children under 12 years of age or above 65 years of age may install fall-prevention devices at openings in the outer walls or on balconies without impeding the emergency escape and protruding from the outer walls. When the causes for the installation of such devices cease to exist and the devices do not comply with the condominium regulations or decisions made by the unit owner assembly as specified in the preceding paragraph, the unit owner is required to improve or restore the parts in concern to their original condition. If any inhabitant should violate the regulation set forth in Paragraph 1, the manager or the management committee shall stop the act. If the inhabitant still refuses to comply with, the manager or the management committee shall file a request with the competent authority to handle according to Paragraph 1 of Article 49. The said inhabitant shall restore them to their original condition within one month. If the inhabitant fails to comply, the manager or the management committee may restore them to their original condition and the inhabitant shall be responsible for the expenses thereof incurred.

Article 9
The unit owners shall be entitled to use or benefit from the shared areas and the base according to their shares, unless other agreements have been established.
The inhabitants shall use the shared areas according to the purpose of their installation and in approaches normally adopted, unless other agreements have been established.
The agreements referred to in the proviso of the two preceding paragraphs may not contradict the Act, the Regional Plan Act, the Urban Planning Act, and other building regulations.
If any inhabitant violates the regulation of Paragraph 2, the manager or management committee shall stop the act and may request the competent authority or sue to the court for necessary disposal according to the nature of the violation. The manager or management committee may also claim compensation for any damage.

Article 10
Each unit owner or user of a designated private area shall conduct the reparation, management and maintenance of the unit or designated private area as well as be responsible for the expenses thereof incurred.
The manager or management committee shall conduct the reparation, management and maintenance of shared areas or designated shared areas. The expenses incurred shall be paid from the common fund or shared by the unit owners according to their shares of the shared areas. However, reparation costs incurred due to causes attributable to specific unit owners or inhabitants shall be paid by such unit owners or inhabitants unless it is otherwise stipulated in the condominium regulations or specified by the unit owner assembly.
Depending on the circumstances, the government may subsidize the reparation, management and maintenance of the shared areas or designated shared areas described in the preceding paragraph if the said work is related to maintenance of public sanitation or public fire safety equipment or reparation of public passages and gutters or related facilities. The government of the special municipality or county/city shall establish the subsidy regulations.

Article 11
The dismantlement, significant reparation or improvement of any shared areas or facilities thereon shall be conducted according to the decision of the unit owner assembly.
The costs for the projects described in the preceding paragraph shall be paid from the common fund or shared by unit owners according to their shares of the shared areas.

Article 12
The reparation costs for common walls, building floors or the plumbing and wiring therein shall be shared by the unit owners sharing the common wall or building floor. However, reparation costs incurred due to causes attributable to a unit owner, the expenses shall be paid by such unit owner.

Article 13
Reconstruction of a condominium shall require the consent of all unit owners, base owners, superficies owners, mortgage holders or pawn holders except there is one of the following circumstances:
1. The reconstruction is to be conducted in line with an urban renewal project.
2. The building is so seriously damaged, collapsed or decayed that public safety is endangered.
3. The building may endanger public safety after it has been damaged in an earthquake, flood, typhoon, fire or other critical incidents.

Article 14
When one of the situations described in Subparagraph 2 or 3 of the preceding article occurs and the unit owner assembly has made the reconstruction decision, the manager or management committee may request the court to order unit owners who disagree with the decision and refuse to sell their ownership, or who have agreed with the decision but do not fulfill their obligation afterwards to sell their ownership and share of the base ownership.
Buyers of the ownership sold in the situation described in the preceding paragraph shall be regarded as agreeing to reconstruction.
The title of the applicant applying for a construction permit shall be decided by the unit owner assembly.

Article 15
The inhabitants shall use their individual units and designated private areas according to the purposes indicated on the usage license and the condominium regulations. No unauthorized changes may be made.
If any inhabitant should violate the regulation of the preceding paragraph, the manager or management committee shall stop the act. If the inhabitant refuses to comply, the manager or management committee may file a request with the competent authority of the special municipality or county/city to handle and demand the inhabitant to restore the change to the original condition.

Article 16
The inhabitants may not discard garbage arbitrarily, release pollutants or foul-smelling substances, make noise or vibrations, or have any similar conduct.
The inhabitants may not store miscellaneous objects, install gratings or doors, or run commercial operations, or illegally put up advertising signs, or privately set up blockades or parking spaces that obstruct passage in private passages, firebreaks, fire escape alleys, open space for the public, empty recesses, stair landings, common hallways or air raid shelters. However, open space for the public and empty recesses may be used for commercial purposes according to the condominium regulations or the decision of the unit owner assembly as long as the operations are within the businesses approved by the special municipality or county/city government. Air raid shelters may be used for purposes originally approved; those concurrently serve as parking spaces may be used for pay parking according to the law.
Without the permission of the competent building authority, the inhabitants may not damage or alter the main structure of the building when maintaining, repairing, remodeling or conducting similar work.
Inhabitants with pets may not hinder public sanitation, peace or safety. If the condominium regulations or other stipulations prohibit keeping of pets, such provisions shall apply.
If any inhabitant should violate any of the four preceding paragraphs, the manager or management committee shall stop the act or take action according to the condominium regulations. If the inhabitant refuses to comply, the manager or management committee may file a request with the competent authority of the special municipality or county/city to handle.

Article 17
Inhabitants operating dining, LPG, welding or other hazardous businesses or storing explosive or combustible stuffs in the condominium according to the law are required to take out public liability insurance in accordance with the insured amount specified by the central competent authority and also compensate the other inhabitants for the amount of fire insurance premium thus increased. The central competent authority shall work with the Ministry of Finance to establish the corresponding insurance and compensation regulations as well as the premium rates.
If any inhabitant should fail to take out public liability insurance as prescribed in the preceding paragraph within 7 days after given notification, the manager or management committee shall take out public insurance on his or her behalf and the said inhabitant shall pay for the premiums, compensation for the difference and other expenses thereof incurred.

Article 18
Each condominium shall establish a common fund from the following sources:
1.he builder of the condominium is required to provide a certain percentage of the cost of the project or a certain amount to pay for the management and maintenance during the year after the usage license is obtained;
2.Each unit owner pays an amount as decided by the unit owner assembly;
3.The interest accrued on the fund;
4.Other incomes.
Concerning the common funds as specified in Subparagraph 1 of the preceding paragraph, the builder is required to present the proof of the funds having been received by the treasury of the special municipality or county/city government in concern when applying for the usage license for the condominium. The said treasury shall disburse the funds to the condominium management committee or the manager after the committee is created or the manager is elected and the shared areas, designated shared areas and their affiliated facilities and equipment are confirmed and handed over according to Article 57. The central competent authority shall determine the percentage or amount referred to in the same subparagraph.
The common fund shall be deposited in a designated account and placed under the management of the manager or management committee. If unit owner assembly makes a resolution to entrust the common fund, the manager or management committee shall entrust the common fund to a trustee. Utilization of the fund shall be conducted according to the decisions of the unit owner assembly.
The regulations regarding the provision of the common fund to be provided by the builder as set forth in Paragraphs 1 and 2 shall not apply to builders who had obtained the building license before the Act took effect.

Article 19
The right of each unit owner to the common fund shall be transferred when the unit ownership is transferred; it may not be surrendered, distrained, offset, or used to create encumbrances for personal reasons.

Article 20
The manager or management committee shall regularly announce the income and expenditure, custody and utilization of the common fund, the expense shared by unit owners according to their shares, and other expenses payable by unit owners as well as hand over to the new manager or management committee the affairs of income and expenditure of the common fund, accounting vouchers, account books, financial statements, seals, and the balance when relieved from duty or resigning or when the management committee is reorganized.
If the manager or management committee refuses to make the announcements or handover as prescribed in the preceding paragraph and continue to do so 7 days after being given notice, requests may be filed with the competent authority or the court to order the manager or management committee to make the announcements or handover.

Article 21
When unit owners or inhabitants who are two terms behind in the payment of their shares of common fund contributions or other expenses and refuse to comply after being given notice to make the payment within a specified period, the manager or management committee may sue to the court for the payment plus the overdue payment interest.

Article 22
If any inhabitant should have one of the following situations and fail to make the improvement within 3 months after the manager or management committee urges for improvement, the manager or management committee may sue to the court for ordering the inhabitant to move out of the condominium according to the decision of the unit owner assembly.
1. Owing again the expenses to be paid according to their shares up to the accumulated amount of one hundredth of the total value of their unit ownership after they have paid the amount previously owed under compulsory enforcement;
2. Making no improvement or continuing to make the same violations after fines have been imposed according to Subparagraphs 1 to 4, Paragraph 1, Article 49 of the Act;
3. Having violated the condominium regulations or laws to a serious extent.
If an inhabitant as described in the preceding paragraph is a unit owner, the manager or management committee may sue to the court for ordering the said unit owner to sell the unit and his or her share of the base ownership according to the decision of the unit owner assembly. If the habitant fails to complete the sale and the ownership transfer registration within three months after the court decision is finalized, the manager or management committee may request the court to put the unit and base share up for auction.
Unless otherwise stipulated in laws, the owed share expenses by the Act shall be given the same priority as the prioritized mortgage holder for the proceeds from the auction referred to in the preceding paragraph.

Article 23
In addition to the stipulations in related laws, regulations regarding the management and use of the condominium, the base and the affiliate facilities as well as the relations between inhabitants may be defined in the condominium regulations.
Besides the definition of the individual units and shared areas, the contents of the following subparagraphs shall not have any effect unless they are specified in the condominium regulations:
1. The range and the users of individual units and designated shared areas
2. The rights of each unit owner to use and to benefit from the shared areas and the base, and the special agreements of unit owners on the use of the shared areas
3. Special agreements on prohibition of pet keeping by the inhabitants
4. Measures for handling of obligation violations
5. Regulations on supervision of financial management
6. Special agreements on the required numbers and unit ownership proportions of the attending and approving unit owners to hold the unit owner assembly and to approve the decisions
7. The procedure for dispute mediation

Article 24
The grantees of unit ownership are required to apply to the manager or management committee for access to or photocopies of the documents specified in Article 35 before the granting and also abide by all the rights and obligations of the original unit owner defined in the Act or the condominium regulations after the granting.
The occupants without rights of condominium individual units are required to fulfill the obligations of inhabitants set forth in the Act.
Articles 21, 22, 47 and 49 of the Act shall apply mutatis mutandis when occupants without rights violate the preceding paragraph.