| ABSTRCT | In terms of deed of mutual covenant（DMC）with a consensus, successful organization manipulation, efficient enforcement, successful finance allocation, sustainable facility use, and professional management factors, this paper compares “Condominium Management Ordinance” with “Property Management Ordinance”, finding that there are many important differences of statutory restrictions and decision forms, the responsibility of the professional organization, raising funds and owner’s responsibility of administrative expenses, owner’s responsibility of DMC and inheritance effects of DMC, and executor.
This paper generalizes statutory restrictions and decision forms, the responsibility of the professional organization, raising funds and administrative expenses, policing violation inhibition from the components that deriving from above important differences, to analyze the transaction costs of the law of Condominium Management. Finding that comparing with the ordinance in China, the ordinance in Taiwan reduces “bargaining and decision costs” of resolving special affairs, designating a convener and preparation for council; and increases “bargaining and decision costs” of statutory restrictions, resolving general affairs, diversification resolution methods. Meanwhile, the ordinance in Taiwan diminishes “policing and enforcement costs” of fund from builder, inheritance effects; and raises “policing and enforcement costs” of reemploying manage company, jointly transferring, repairing responsibility of builder, expanding funds resource, administrative expenses, and a fine. Therefore, this paper suggests that “Condominium Management Ordinance” can emphasize the responsibility of the professional organization, raising funds and administrative expenses, efficient policing, to achieve the goal of diminishing transaction costs, and then successfully carry out condominium management.
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