아파트 관리비 운영의 투명성 제고를 위한 법적 고찰

A Legal Study on the Improvement of enforcement of apartment maintenance fee

There are two laws that control the work of apartment maintenance. When it comes to apartment, Multi-owned Building Act and Housing Act can simultaneously apply because a multi-owned building constitutes a condominium. The Conservancy which is constituted by the whole residents naturally under the Multi-owned Building Act is abstract organization, but the resident representative meeting that is constituted by residents voting under Housing Act is representative body for managing apartment and is delegate for the whole residents. The resident representative meeting which is a legislative organ plays a role as supervisory agency and hires the head of management, so it has an effect on the management. To ensure transparency and fairness of the managing apartment complex, it needs to be constituted fairly and with delegates having ability and sincerity. So Republic of Korea National Election Commission should supervise the process of the election and rewards should be given to them. In addition, Auditor should be elected directly by residents for the independence from enforcement agency. The apartment complex has public aspects and private property, so the government authorities should intervene as guardian, management authority should have the systems to check and control one another and the owners in apartment complex should command and supervise the manager via representative meeting for themselves in mass housing.