Chapter  III. Management Organization

Article 25
The unit owner assembly shall be composed of all the unit owners and convened at least once a year on a regular basis.
Under one of the following circumstances, ad hoc meetings may be convened:
1. When critical incidents have taken place and require immediate handling and the manager or management committee has made the request;
2. When over one fifth of the unit owners who own more than one fifth of the total ownership have presented a written request to convene with the purposes and reasons of the request clearly stated.
Besides the regulation set forth in Article 28,the convener of unit owner assembly shall be the manager, or the chairperson or a member of the management committee who is also a unit owner. On the day the manager, or chairperson or any member of the management committee loses the unit owner status, he or she is automatically relieved from duty. When there is no manager or management committee or when the manager, or chairperson or members of the management committee are not unit owners, the unit owners shall elect among them a person to be the convener. The term of convener is one to two years as set forth in the condominium regulations or determined by the unit owner assembly. The convener may serve a second term when reelected. If neither the condominium regulations nor the unit owner assembly has made any specification, the term shall be one year and the convener may serve a second term when reelected.
When the convener cannot be elected according to the regulation as prescribed in the preceding paragraph, the unit owners may apply to the competent authority of the special municipality or county/city for appointing a temporary convener. If the unit owners have not made the application, the competent authority of the special municipality or county/city may appoint a unit owner to be the temporary convener or the unit owners may rotate as the convener according to the condominium regulations until the unit owners have elected a convener from among them.

Article 26
When the ground floors of the congregate residential community of condominium with open access are composed of several independent buildings for complex use of residence, office and shopping center and each has its own separate entrance and exit, the office and shopping center in each building may separately or collectively with the office and shopping center in other building, and with the written consent of the majority of the said unit owners, and the contents of the following subparagraphs have been specified in decisions of the assembly of the entire unit owners or the condominium regulations, convene their own unit owner assembly to create a management committee and file the result with the competent authority of the special municipality or county/city:
1. Demarcation of the shared areas and designated shared areas;
2. The scope of reparation, management and maintenance of the shared areas and designated shared areas and how the management and maintenance costs are to be shared;
3. The shares of common fund to be allocated;
4. The handover of the accounting vouchers, account books, financial statements, seals, balance and the documents placed under custody as set forth in Subparagraph 8, Article 36;
5. The division of work associated with the entire unit owner assembly and the unit owner assembly of office and shopping center.
Article 20, Article 27, Articles 29 to 39, Article 48, Subparagraph 7 of Paragraph 1 of Article 49 and Article 54 shall apply mutatis mutandis to unit owner assembly convened and the management committee created and its chairperson and members elected according to the preceding paragraph.

Article 27
Each individual unit owner is entitled to one vote. When a number of people co-own an individual unit, the voting right shall be exercised by a representative elected from among the co-owners.
In calculation of the number of people attending a unit owner assembly and the votes, any owner in possession of more than one fifth of the total ownership or units, the portion exceeding one fifth shall not be calculated.
Unit owners who are unable to attend a unit owner assembly may authorize in writing his or her spouse, a direct blood relative with capacity for civil conduct, another unit owner or the tenant to attend. When the ownership that a delegated person represents exceeds one fifth of the total ownership or units, the portion exceeding one fifth shall not be calculated.

Article 28
Once the number of units of the condominium building ownership registration exceeds half of the total number of units and the registered ownership percentage exceeds half of the total ownership, the builder is required to convene a unit owner assembly to create the management committee or elect the manager and file the result with the competent authority of the special municipality or county/city for reference.
When a number of builders are responsible for the same condominium, one shall be elected to be the representative. When the number of unit owners attending the unit owner assembly or the ownership they represent fails to achieve the thresholds specified in Article 31 and the management committee cannot be created, the builder shall convene a second unit owner assembly for the same purpose.
The builder shall be the manager of the condominium before convening a unit owner assembly to create the management committee or elect the manager.

Article 29
A condominium is required to create a management committee or elect a manager.
Once a management committee is created, the members shall elect among them a person to be the chairperson to represent the committee. The election, dismissal and authority of the chairperson and committee members and the number of members, the convening procedure, and the approaches to conduct related affairs and proxy shall be decided by the unit owner assembly unless otherwise stipulated in the condominium regulations.
The term of the management committee members, chairperson and the manager shall be one to two years according to the decision of the unit owner assembly or the condominium regulations. The chairperson, manager and committee members responsible for financial management and supervision may serve a second term when reelected; the remaining committee members may serve an unlimited number of terms when elected each time. However, if it is not specified by the unit owner assembly or in the condominium regulations, the term shall be one year. The chairperson, manager and committee members responsible for financial management and supervision may serve a second term when reelected. The remaining committee members may serve an unlimited number of terms if reelected each time.
If a management committee member, a chairperson or a manager referred to in the preceding paragraph has not been reelected upon term expiration or refuses to handover as described in Paragraph 2, Article 20, it shall be regarded as a dismissal from post on the day the term expires.
Unless otherwise specified by the unit owner assembly or in the condominium regulations, condominium inhabitants who do not own the unit they live in may be selected or elected to be management committee members or chairperson or the manager.
When a condominium has not organized a management committee or elected a manager, the convener elected from among the unit owners or the temporary convener appointed by the competent authority upon application as described in Article 25 shall be the manager. If the unit owners are unable to elect from among them a convener or apply for the appointment of a temporary convener, they may request the authority of the special municipality or county/city to appoint an inhabitant as the manager until the management committee is created, or a manager or convener is elected from among the unit owners.

Article 30
The convener shall issue each unit owner a notice 10 days before each unit owner assembly is to be held. The notice shall carry a description of the agenda of the meeting. However, when an ad hoc meeting is to be held for an urgent matter, an announcement posted at least two days in advance shall suffice.
Elections of management committee members shall be specified in the meeting notice and the announcement shall be posted. They cannot be conducted by proposing impromptu motions.

Article 31
Unless otherwise stipulated in the condominium regulations, all decisions made by the unit owner assembly require the attendance of at least two thirds of the unit owners who also represent at least two thirds of the total ownership and the consent of at least three quarters of the attendees who represent at least three quarters of the total ownership of all the attendees.

Article 32
When a decision cannot be made according to the regulation set forth in the preceding article or the number of attendees or the ownership percentage of such attendees fails to meet the thresholds set forth in the preceding article, the convener may convene another meeting to decide on the same issue. Under such circumstances, unless otherwise stipulated in the condominium regulations, the meeting shall require the attendance of at least three unit owners and one fifth of the unit owners who represent at least one fifth of the total ownership and the decision shall require the consent of the majority of the attendees who also represent at least half of the total ownership of all the attendees.
The meeting minutes of each decision achieved as described in the preceding paragraph shall be delivered to each unit owner who then is entitled to raise objections in writing within 7 days. If the objections do not come from the majority of the unit owners who represent more than half of the total ownership, the decision is considered valid.
The person presiding over the meeting described in Paragraph 1 is required to send the decision of the meeting in writing to all unit owners and also post the decision within 10 days after the decision of the meeting is made valid.

Article 33
Decisions made by a unit owner assembly without undertaking the procedures set forth in the following subparagraphs shall have no validity:
1. Designation of an individual unit by the unit owner assembly as shared areas shall require the consent of the owner of the said individual unit.
2. Installations of advertising signs or powerful emitters, such as radio base stations or similar devices, or other similar conduct on the outer walls or rooftop terrace of a condominium shall require the consent of the top floor unit owners if such devices are to be installed on the roof or the unit owners of the related floors where such devices are to be installed. The said inhabitants may also attend related unit owner assembly to state their opinions.
3. Before changes are made to a designated private area according to Paragraph 1 of Article 56, the consent of the unit owner using the said designated private area shall be required. However, if the use of the designated private area has been finally ruled that it is obviously in violation of public interest by the court upon the filing of lawsuit by the management committee or manager, it is excluded.

Article 34
Meeting minutes shall be taken at each unit owner assembly. The process of the meeting and the decisions made shall be recorded. The meeting minutes shall require the signature of the person presiding over the meeting and shall be sent to each unit owner and posted within 15 days after the meeting.
The meeting minutes shall be kept along with the sign-in sheets of attendees and the letters of authorization for attendance.

Article 35
If necessary, interested parties may request for access to or photocopies of the condominium regulations, the balance of the common fund, accounting vouchers, account books, financial statements, outstanding payments of common fund, shared expenses and other payable expenses of the inhabitants, management committee meeting records and the meeting minutes referred to in the preceding paragraph. The manager or management committee shall not refuse.

Article 36
The duties of a condominium management committee are as follows:
1. Execution of the decisions made by the unit owner assembly;
2. The cleaning, maintenance, reparation, and general improvement of the common properties and shared areas;
3. The security and environmental maintenance of the condominium and the surroundings;
4. Suggestions for improvement of the common affairs of the inhabitants;
5. Stopping the violations of inhabitants and provision of required information;
6. Mediation when violations by inhabitants specified in Paragraph 1, Article 6 occur;
7. Income, expenditures, custody and utilization of the revenue, common fund, and related expenses;
8. Custody of the condominium regulations, meeting minutes, usage license transcript, as-built drawings, water and electricity charts, fire safety plan, machine equipment chart, plumbing and wiring charts, accounting vouchers, account books, financial statements, declared records of public safety inspection and fire safety equipment maintenance, seals, and related documents.
9. Delegation, employment and supervision of management service providers;
10. Presentation and announcement of accounting reports, financial reports, and other management affairs;
11. Confirmation, takeover and custody of shared areas, designated shared areas, and their affiliated facilities and equipment;
12. Declaration of public safety inspection and fire safety equipment maintenance records and execution of needed improvements specified as to be carried out by the management committee;
13. Other matters specified according to the Act or in the condominium regulations.

Article 37
Decisions made by the management committee may not contradict the Act, the condominium regulations, or the decisions of the unit owner assembly.

Article 38
The management committee shall have the capacity of a party.
When the management committee becomes a plaintiff or a defendant, it is required to inform the unit owners of the main points of the lawsuit at the earliest time.

Article 39
The management committee shall be responsible to the unit owner assembly and shall report its operation to the assembly.

Article 40
The stipulations of Articles 36, 38 and 39 shall apply mutatis mutandis to the manager.