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The Effect of the Procedurally Defective Decision Made by the Unit Owner Assembly
Decision Made by the Unit Owner Assembly;Procedural Defect;The Fact of Violation is Insignificant;Do Nothing to the Prejudice of the Resolution;Make Objection at the Meeting;Principle of Good Faith
|Issue Date:||2019-07-24 16:00:30 (UTC+8)|
The effect of the procedurally defective decision made by the unit owner assembly is an important issue in theory and practice due to its great influence on the interests of every unit owner and the stability of the decision. This study first explores the aforementioned effect in general before analyzing it under the following circumstances: ＂the fact of violation is insignificant and will do nothing to the prejudice of the decision＂, ＂the unit owner did not make objection to the procedure at the meeting＂, and ＂the unit owner who applied to the court to revoke the decision violates other good faith requirements.＂ The cost-benefit analysis is then stressed and the interests of the concerned parties are emphasized. This study further discusses the existing doctrine, practice, and the draft amendment and makes some propositions in explanation and legislation. In this study, it is suggested that if the calling procedure or the method of a decision made by the unit owner assembly violates the act or regulation of the condominium, a unit owner may apply to the court to revoke the decision within three months after the decision, except the unit owner who did not make objection against the calling procedure or the method of the decision at the meeting. Upon receipt of the petition for annulment of a decision, should the court considers that the fact of violation described in the said petition is insignificant and will do nothing to the prejudice of the decision, the court may dismiss such petition.
|Relation:||法學評論, 150, 1-47|
|DOI 連結:||https://doi.org/ 10.3966/102398202017090150001|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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