경기도 오피스텔·상가 등 집합건물 관리 매뉴얼·가이드(매뉴얼PDF파일 첨부)

 

경기도는 오피스텔, 상가 등 집합건물 관리의 어려운 고충 해결 등 길잡이 역할을 할 수 있는 집합건물 관리 매뉴얼․가이드를 발간했다.
집합건물 관리 매뉴얼․가이드는 경기도에서 지난해 발주한 ‘경기도 집합건물 관리 개선방안 수립’ 연구용역의 결과물로 입주민과 관리인이 집합건물 관리에 궁금한 사항과 분쟁 시 참고할 수 있는 실무적이고 종합적인 정보로 구성돼 있다.
집합건물 관리에 대한 이해를 돕는 그림 설명부터 관리분쟁 솔루션(Q&A), 집합건물법․용어 해설, 법원판례 등 관리단 구성 및 운영에 필요한 정보를 수록했으며, 관리현안 사례별 관리가이드를 제작해 언제든 손쉽게 활용할 수 있도록 제작했다.
집합건물 관리 매뉴얼․가이드는 시․군 집합건물 관련 부서 및 기관에 배부할 예정이며, 경기도 홈페이지(www.gg.go.kr)와 경기도 전자북(ebook.gg.go.kr)에 게재해 적극 활용되도록 할 계획이다.
또한, 도는 집합건물 관리 분쟁 발생을 사전에 예방하고자 집합건물관리지원단을 구성해 지난해 3월부터 집합건물 관리에 어려움을 겪는 입주민 및 관리인을 대상으로 찾아가는 현장 무료자문 지원서비스를 제공하고 있다. 코로나19 사회적 거리두기 단계 상향에 따라 현장방문 자문이 어려운 경우에는 영상통화, 전화 등 비대면 자문으로 진행하고 있다.
홍지선 도 도시주택실장은 “이번 집합건물 관리 매뉴얼․가이드 발간으로 집합건물 관리 및 분쟁예방에 많은 도움이 될 것으로 기대한다”며 “앞으로도 경기도는 도민이 집합건물 관리에 어려움을 겪지 않도록 다양한 정책을 만들고 개선 방안을 찾기 위해 노력하겠다”고 말했다.

 

오피스텔, 상가 등 집합건물이 증가함에 따라 관리 분쟁민원 또한 계속 늘어나고 있다.

그러나 집합건물관리에 기준이 되는 「집합건물의 소유 및 관리에 관한 법률」은 집합건물의 구분소유자가 관리단을 구성하여 규약과 관리단 집회결의를 통하여 자체적으로 운영하도록 정하고 있지만 민사특별법인 집합건물법을 알고 이해하기는 쉽지 않다.

경기도에서 오피스텔·상가 등 집합건물 관리 매뉴얼·가이드를 발간했다. 우선 경기도 내용이긴하지만 전국단위에서도 큰 활용가치가 있을 것으로 예상된다. 경기도 홈페이지의 전자북에서도 다운받을 수 있다. 우선 오피스텔, 상가 위주의 집합건물에 대한 손쉬운 설명에 질의와 답변 형식으로 되어 있다.

중요한 점은, 이 매뉴얼 자체가 행정기관의 질의회시의 형식이기 때문에, 질의회시에 따라 일을 처리한 경우 차후 문제가 생겨서 과태료 처분을 받을 때 항변할 수 있는 근거가 될 수 있기 때문에 임대사업자 분들은 확실히 숙독하고 집합건물을 관리하는 것이 바람직할 것이다.

목차는 크게 <제1권 집합건물 관리매뉴얼> 과 <제2권 경기도 집합건물 관리가이드>로 나눠져 있다. 매뉴얼과 가이드의 차이가 무엇인지는 잘 모르겠으나 아무튼 필요에 따라 잘 찾아서 확인하면 될 것 같다.

경기도 집합건물 관리매뉴얼&middot;가이드.zip

9.65MB

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<경기도 집합건물 관리매뉴얼 목차>

 

제1편 집합건물과 우리의 삶 ···································································································3

제2편 집합건물 관리분쟁 솔루션 ··························································································15

Ⅰ. 집합건물의 관리단 ·················································································································16

1. 관리단 일반 ·········································································································································16
(1) [질의-1] 단지관리단과 동별관리단 ···························································································16
(2) [질의-2] 단지관리단의 설립방법 ·······························································································17
(3) [질의-3] 분양자의 관리의무 ·······································································································17
(4) [질의-4] 관리단과 고유번호증ㆍ사업자등록증 ·········································································18
(5) [질의-5] 관리단의 고유번호증과 사업자등록 발급 ·································································19
(6) [질의-6] 분양자의 관리단집회개최 의무의 불이행에 따른 책임 ··········································20
(7) [질의-7] 분양자가 입주자에게 제공한 규약의 효력 ·······························································20
(8) [질의-8] 시행사에게 관리권한을 부여하는 분양계약의 효력 ················································21
(9) [질의-9] 일부공용부분 관리단의 관리범위 ··············································································22
(10) [질의-10] 주상복합아파트와 입주자대표회의 구성의무 ·······················································24
(11) [질의-11] 주상복합아파트에서 입주자대표회의의 전체공용부분 관리가능여부 ···············24
(12) [질의-12] 주상복합아파트와 상가의 일부공용부분관리단 ···················································25
(13) [질의-13] 상가관리단과 오피스텔 관리단의 별도 운영시 회계처리방법 ··························26
2. 관리단의 구성원 ·································································································································27
(1) [질의-14] 관리단과 분양대금을 미납한 구분소유자 ·······························································27
(2) [질의-15] 관리단의 구성원 자격 ·······························································································28
(3) [질의-16] 임차인과 관리단의 구성원 ·······················································································29
3. 자치관리와 위탁관리 ··························································································································29
(1) [질의-17] 입주시점에 작성된 관리업체 선정 동의서의 효력 ···············································29
(2) [질의-18] 시행사의 위탁관리회사 선정 ···················································································30
(3) [질의-19] 시행사가 체결한 위탁관리계약의 해지 ··································································31
(4) [질의-20] 자치관리에 따른 필수 배치 인원 등 ······································································32
(5) [질의-21] 위탁관리계약의 해지 ·································································································32
(6) [질의-22] 관리사무소장의 자격 ·································································································33
(7) [질의-23] 위탁관리회사가 구분소유자들의 반대에도 불구하고 계속 관리하는 경우 ········34
4. [질의-24] 관리단의 계약관계 ···········································································································35
5. [질의-25] 관리단 임원 ······················································································································35

Ⅱ. 관리인 ······································································································································37

1. [질의-26] 관리인의 의의 ··················································································································37
2. 관리인의 선임 ·····································································································································38
(1) [질의-27] 관리위원회의 결의에 의한 관리인 선출 ································································38
(2) [질의-28] 임시관리인의 권한 ····································································································38
(3) [질의-29] 관리위원회에 의한 관리인 선출 ··············································································39
(4) [질의-30] 관리인의 신고의무 ····································································································40
(5) [질의-31] 복수의 관리인 ············································································································40
(6) [질의-32] 구분소유자의 수의 과반수와 의결권의 과반수가 다른 경우 ······························41
3. 관리인의 자격 ·····································································································································41
(1) [질의-33] 관리인의 자격 ············································································································41
(2) [질의-34] 규약으로 구분소유자만이 관리인이 되도록 정할 수 있는지 ······························42
(3) [질의-35] 구분소유자의 배우자도 관리인이나 관리위원이 될 수 있는지 ···························43
(4) [질의-36] 위탁관리회사와 같은 법인과 관리인 ······································································43
(5) [질의-37] 위탁관리회사의 대표와 관리인 ················································································44
(6) [질의-38] 관리인과 관리위원의 겸직 ·······················································································45
(7) [질의-39] 관리인과 관리위원회 위원장의 겸직 ······································································46
(8) [질의-40] 관리인의 거주요건 ····································································································46
4. 관리인의 권한과 의무 ························································································································47
(1) [질의-41] 집합건물법상 관리인의 권한과 의무 ······································································47
(2) [질의-42] 관리위원회의 결의가 없는 관리인의 행위 ·····························································48
(3) [질의-43] 관리인이 단독으로 업무를 수행할 수 있는 범위 ·················································48
(4) [질의-44] 관리인의 권한의 제한 ·······························································································49
5. [질의-45] 관리인의 임기 ··················································································································49
6. 관리인의 해임 ·····································································································································50
(1) [질의-46] 관리인의 해임방법 ····································································································50
(2) [질의-47] 관리인의 부당한 관리행위와 해임 ··········································································51
(3) [질의-48] 규약으로 관리인 해임사유를 정한 경우 ································································51
(4) [질의-49] 규약으로 관리인의 해임을 위한 결의요건을 강화할 수 있는지 ·························52
7. 관리인의 사임 ·····································································································································52
(1) [질의-50] 관리인의 사임방법 ····································································································52
(2) [질의-51] 관리인의 사임절차 ····································································································53
(3) [질의-52] 관리인의 사임과 관리권한 ·······················································································54
8. 관리인의 관리에 관한 정보제공 및 자료의 열람 및 복사 ···························································54
(1) [질의-53] 관리인의 보고의무 위반으로 인한 제재 ································································54
(2) [질의-54] 관리비 자료 공개에 관한 행정관청의 역할 ···························································55
(3) [질의-55] 임차인의 관리비 관련 자료의 열람 및 등사 ·························································56

Ⅲ. 관리위원회 ·······························································································································57

1. [질의-56] 규약과 관리위원회의 설치 ······························································································57
2. 관리위원의 선출 ·································································································································57
(1) [질의-57] 관리위원의 선출방법 ·································································································57
(2) [질의-58] 관리비의 연체와 관리위원의 자격 ··········································································58
(3) [질의-59] 선거구별 관리위원의 선출 ·······················································································58
(4) [질의-60] 여러 개의 전유부분을 소유한 구분소유자와 선거구별 관리위원 출마 ··············59
(5) [질의-61] 구분소유자의 배우자나 임차인의 관리위원 피선거권 ··········································60
(6) [질의-62] 관리위원 선출과 거주요건과 자격요건 ··································································60
(7) [질의-63] 임차인과 관리위원 ····································································································61
(8) [질의-64] 구분소유자가 관리위원으로 출마하지 않은 경우 임차인이 출마할 수 있는지 ···62
(9) [질의-65] 관리인과 관리위원의 피선거권과 결격사유 ···························································62
(10) [질의-66] 위탁관리회사와 관리위원 ·······················································································63
(11) [질의-67] 신탁회사ㆍ시행사와 관리위원 ···············································································64
(12) [질의-68] 구분소유자가 법인인 경우에 법인도 관리위원이 될 수 있는지 ······················64
(13) [질의-69] 관리규약제정이 부결된 경우에 관리위원 선출을 위한 결의의 효력 ···············65
(14) [질의-70] 하나의 집회에서 규약제정과 관리위원회 선출을 동시에 할 수 있는지 ·········65
(15) [질의-71] 관리인의 관리위원 선출 ························································································66
3. 관리위원회 위원장 ······························································································································67
(1) [질의-72] 관리위원회 위원장의 선출방법 ················································································67
(2) [질의-73] 관리위원회 위원장과 관리인 ···················································································67
4. 관리위원회의 결의 ······························································································································68
(1) [질의-74] 관리위원회의 결의요건 ·····························································································68
(2) [질의-75] 관리위원회의 규약개정 결의의 효력 ······································································68
(3) [질의-76] 관리단 집회가 무산되는 경우에 관리위원회의 결의와 관리단 집회의 결의 ····69
(4) [질의-77] 법인인 관리위원과 의결권 행사 ··············································································69
(5) [질의-78] 관리위원의 대리인의 관리위원회 참석과 의결권 행사 ········································70
5. [질의-79] 임기만료된 관리인 및 관리위원의 업무수행 ································································71

Ⅳ. 관리규약 ··································································································································72
1. [질의-80] 집합건물 표준관리규약 ···································································································72
2. [질의-81] 규약과 집합건물법의 내용 ······························································································72
3. 규약을 위한 관리단 집회의 결의요건 ·····························································································74
(1) [질의-82] 규약개정 요건완화 가능여부 ···················································································74
(2) [질의-83] 공용부분의 관리와 통상결의요건의 완화 가능여부 ··············································74
(3) [질의-84] 규약의 개정과 임차인의 의결권 ··············································································75
4. 분양자가 제공한 규약 ························································································································76
(1) [질의-85] 분양자가 제공한 규약과 입주민의 동의 ································································76
(2) [질의-86] 분양자가 규약안을 제시하지 않고 규약에 대한 동의서를 받은 경우 ···············77
5. [질의-87] 전유부분의 면적비율이 30%인 구분소유자가 규약에 반대하는 경우 ······················78

Ⅴ. 관리단집회 ·······························································································································79
1. [질의-88] 관리단집회의 소집권자 ···································································································79
2. 정기 관리단집회 ·································································································································79
(1) [질의-89] 정기관리단 집회의 의무적 개최와 주기 ································································79
(2) [질의-90] 정기관리단 집회는 필수적으로 개최해야 하는지 ·················································80
(3) [질의-91] 회계연도 종료일과 정기관리단 집회 개최일 ·························································80
3. [질의-92] 임시 관리단집회 ···············································································································81
4. 관리단 집회 소집통지 ························································································································82
(1) [질의-93] 소집통지의 안건 ········································································································82
(2) [질의-94] 소집통지서에 포함되지 않은 안건에 관한 결의 ···················································82
(3) [질의-95] 소집통지의 상대방 ····································································································83
(4) [질의-96] 소집통지기간 ··············································································································83
(5) [질의-97] 소집통지의 게시 ········································································································84
(6) [질의-98] 관리단 집회의 통지장소 ···························································································84
(7) [질의-99] 관리단 집회 소집통지 장소 ·····················································································85
(8) [질의-100] 관리단집회 소집통지의 누락 ·················································································86
5. 관리단 집회의 결의 ····························································································································86
(1) [질의-101] 구분소유자 및 의결권은 집회에 참석한 구분소유자를 기준으로 하는지 ········86
(2) [질의-102] 통상결의 요건의 완화 ····························································································87
(3) [질의-103] 의결권의 크기를 분양가를 기준으로 정할 수 있는지 ·······································88
(4) [질의-104] 전유부분의 면적과 의결권의 크기 ········································································89
(5) [질의-105] 관리인 선출을 위한 통상결의요건의 완화 ··························································90
(6) [질의-106] 관리단집회의 결의와 관리위원회의 결의 ····························································90
(7) [질의-107] 규약으로 규약개정을 위한 결의요건을 달리 정할 수 있는지 ··························91
(8) [질의-108] 의결권을 갖고 있는 구분소유자의 판단기준 ·······················································91
(9) [질의-109] 미등기 수분양자의 의결권 ·····················································································92
(10) [질의-110] 미분양 전유부분의 의결권 행사자 ·····································································93
(11) [질의-111] 전유부분을 신탁한 경우에 의결권 행사자 ························································93
(12) [질의-112] 미분양부분의 소유자인 시행사의 의결권 ··························································94
(13) [질의-113] 수 개의 전유부분을 소유한 구분소유자의 의결권 ···········································95
(14) [질의-114] 한 구분소유자가 소유한 여러 전유부분을 서로 다른 임차인이 임차한 경우 
임차인의 의결권 행사방법 ··················································································95
(15) [질의-115] 전유부분의 공유와 의결권 ··················································································96
(16) [질의-116] 1개의 전유부분을 갖고 있는 구분소유자가 다른 전유부분을 공유하는 경우 ··97
(17) [질의-117] 구분소유자로부터 여러 개의 전유부분을 임차한 임차인의 의결권 행사 ·····97
(18) [질의-118] 규약설정에 있어서 점유자의 의결권 ··································································98
(19) [질의-119] 다수의 구분소유자의 대리인의 의결권 행사 ····················································99
(20) [질의-120] 대리인의 의결권 ·································································································100
(21) [질의-121] 대리인의 자격을 제한하는 규약의 효력 ·························································101
(22) [질의-122] 스마트폰 문자와 위임장 ····················································································101
(23) [질의-123] 법인인 구분소유자의 의결권 행사 ···································································102
(24) [질의-124] 결의의 불성립과 사후적인 보완 ·······································································102
(25) [질의-125] 문자메시지와 의결권 행사 ················································································103
(26) [질의-126] 관리단 집회에서 서면에 의한 의결권 행사 ····················································104
(27) [질의-127] 팩스 또는 문자로 서면결의서를 전송한 경우 ················································105
(28) [질의-128] 집회소집 통지 이전에 받은 서면동의서의 효력 ············································105
(29) [질의-129] 관리단집회 소집통지서에 동봉된 양식과 다른 양식의 서면결의서의 효력 ··105
6. 관리단 집회에 갈음하는 서면결의 ·································································································106
(1) [질의-130] 연명부 형식의 서면결의 ······················································································106
(2) [질의-131] 서명동의서의 제출기간 ························································································107
(3) [질의-132] 메일이나 문자메시지와 서면동의서 ····································································107
(4) [질의-133] 서면결의 이후의 구분소유자 변동 ·····································································108
7. 관리단 집회와 임차인의 권리 ········································································································109
(1) [질의-134] 관리단 집회에 관한 임차인의 권리 ···································································109
(2) [질의-135] 구분소유자와 임차인의 서로 의결권을 행사한 경우 ·······································110
(3) [질의-136] 공용부분의 사용방법과 임차인의 의결권 행사 ·················································110
(4) [질의-137] 임차인의 대리인의 의결권 행사 가능 여부 ······················································111
(5) [질의-138] 관리인 및 관리위원 선출을 위한 임차인의 의결권 행사 ·······························112
(6) [질의-139] 공용부분의 변경과 임차인의 의결권 ··································································112
8. 관리단 집회의 의사(議事) ················································································································113
(1) [질의-140] 구분소유자들이 관리단 집회를 개최한 경우에 집회의 의장 ··························113
(2) [질의-141] 의사록의 작성 ·······································································································114

Ⅵ. 관리비 등 ······························································································································115
1. 관리비와 사용료 ·······························································································································115
(1) [질의-142] 공용전기료와 사용료 ····························································································115
(2) [질의-143] 관리비와 사용료의 산정방법 ···············································································116
(3) [질의-144] 관리비에 관한 자료열람 및 복사 ·······································································116
(4) [질의-145] 규약이나 관리인이 없는 경우의 관리비 청구 ··················································117
(5) [질의-146] 공실인 전유부분의 관리비 ··················································································118
(6) [질의-147] 단전단수기간 동안 관리비 부담여부 ··································································118
(7) [질의-148] 집합건물 관리비에 관한 소관청의 개입범위 ····················································119
(8) [질의-149] 대규모점포 관리자와 관리비 부과 ·····································································120
(9) [질의-150] 위탁관리회사의 관리비 자료 공개거부 ······························································120
2. 관리비 채권 ······································································································································121
(1) [질의-151] 관리비 청구소송 ···································································································121
(2) [질의-152] 관리비의 감면 ·······································································································122
(3) [질의-153] 관리비 채권의 소멸시효 ······················································································122
3. 관리비 등의 연체 ·····························································································································123
(1) [질의-154] 관리비 연체료 청구 ······························································································123
(2) [질의-155] 임차인의 관리비 연체와 구분소유자의 책임 ····················································123
(3) [질의-156] 관리비 연체와 단전단수 ······················································································124
(4) [질의-157] 연체관리비채무의 승계 ························································································125
4. 수선적립금(장기수선충당금) ············································································································126
(1) [질의-158] 수선적립금의 사용 ································································································126
(2) [질의-159] 수선적립금과 수선유지비의 구분 ·······································································126
5. [질의-160] 관리비예치금(선수관리비) ···························································································127
6. [질의-161] 주차장 수입 ··················································································································127
7. [질의-162] CCTV(감시카메라)의 설치와 비용부담 ····································································128
8. [질의-163] 회계감사 ·······················································································································129

Ⅶ. 건물의 구분소유 ···················································································································130
1. [질의-164] 출입구나 통로가 없는 전유부분과 이용상 독립성 ··················································130
2. [질의-165] 1인이 소유한 오피스텔의 임대와 관리비의 부과기준 ············································131
3. [질의-166] 주차전용건물에서 경계벽의 유무와 구분소유권의 성립여부 ·································133
4. [질의-167] 구분점포에 대한 구분소유권과 경계벽이나 경계표지 ············································134
5. [질의-168] 경계벽이 제거되면 구분소유권이 소멸하지는 여부 ················································135
6. [질의-169] 구조상 독립성의 상실과 소유관계 및 의결권 ·························································136
7. [질의-170] 전유부분의 구조변경 ···································································································137

Ⅷ. 전유부분과 공용부분 ···········································································································138
1. [질의-171] 전유부분의 용도변경 요건 ·························································································138
2. 공용부분과 전유부분의 구별 ··········································································································139
(1) [질의-172] 구분의 기준 및 시점 ····························································································139
(2) [질의-173] 전체공용부분 ·········································································································139
(3) [질의-174] 아파트 발코니와 전유부분 ··················································································140
(4) [질의-175] 아파트 발코니의 빗물배수관이 공용부분인지 ···················································141
(5) [질의-176] 계량기와 공용부분 ································································································141
3. 공용부분 ············································································································································142
(1) [질의-177] 공용부분에 대한 구분소유자들의 권리관계 ······················································142
(2) [질의-178] 공용부분에 대한 취득시효 성립 여부 ································································143
4. 공용부분의 관리 ·······························································································································144
(1) [질의-179] 공용부분의 관리에 관한 사항을 관리위원회에 위임하는 경우 ······················144
(2) [질의-180] 구분소유자의 의사에 반하는 일괄임대 ······························································145
(3) [질의-181] 이사를 위한 별도의 엘리베이터 사용료 징수 ··················································146
(4) [질의-182] 관리인의 미등록차량의 출입제한 가능여부 ······················································146
(5) [질의-183] 지하주차장 관리비의 부과 ··················································································147
(6) [질의-184] 지하주차장의 외부인 유료주차 ···········································································147
(7) [질의-185] 공용부분의 독점적 사용의 가능 여부 ································································148
(8) [질의-186] 전용사용권의 설정 ································································································149
5. 공용부분의 변경 ·······························································································································150
(1) [질의-187] 대형광고판의 설치와 공용부분의 변경 ······························································150
(2) [질의-188] 공용부분 변경을 위한 결의요건 ·········································································150
(3) [질의-189] 조경수의 이동 ·······································································································151
(4) [질의-190] 건물명칭의 변경요건 ····························································································152
(5) [질의-191] 법정주차대수의 증가를 수반하는 용도변경의 요건 ·········································153
(6) [질의-192] 전유부분과 공용부분의 경계벽 제거 ··································································154
(7) [질의-193] 복도와 전유부분의 격벽의 무단제거와 이행강제금 ·········································154
(8) [질의-194] 공용부분의 변경과 리모델링 ···············································································155
6. [질의-195] 단지 내 관리동이 공용부분인지 여부 ······································································155
7. 일부공용부분 ·····································································································································156
(1) [질의-196] 일부공용부분의 공유자들이 갖는 권리 ······························································156
(2) [질의-197] 일부공용부분과 전체공용부분의 구분기준 ························································157
(3) [질의-198] 복도와 일부공용부분 ····························································································159
(4) [질의-199] 일부공용부분의 변경 ····························································································159
8. 공용부분의 무단점유 ························································································································160
(1) [질의-200] 공용부분의 무단 변경 ··························································································160
(2) [질의-201] 공용부분의 원상회복에 따른 비용의 부담 ························································161
(3) [질의-202] 공용부분 무단점유자에 대한 부당이득반환청구 ···············································162
(4) [질의-203] 제3자의 공용부분 무단점유 ················································································162

Ⅸ. 집합건물의 대지 ···················································································································163
1. [질의-204] 집합건물의 대지와 공용부분 ·····················································································163
2. 대지의 관리 ······································································································································163
(1) [질의-205] 입주자대표회의의 차단기 설치 ···········································································163
(2) [질의-206] 대지의 배타적 사용과 전용사용권 ·····································································164
3. 전유부분과 대지사용권의 일체성 ···································································································165
(1) [질의-207] 대지사용권의 분리처분금지 ·················································································165
(2) [질의-208] 대지사용권의 수반성 ····························································································166
4. [질의-209] 대지권의 의의 ··············································································································166
5. 대지사용권과 부당이득 ····················································································································167
(1) [질의-210] 제3자가 대지지분을 갖고 있는 경우 ·································································167
(2) [질의-211] 구분소유자가 갖고 있는 대지지분이 전유부분의 면적비율보다 작은 경우 ···167
6. [질의-212] 대지사용권과 매도청구 ·······························································································168
Ⅹ. 하자담보책임 ·························································································································169
1. 하자보수청구 ·····································································································································169
(1) [질의-213] 하자보수의 청구절차 ····························································································169
(2) [질의-214] 공용부분에 대한 하자보수청구 ···········································································170
(3) [질의-215] 관리사무소장의 하자보수 청구 ···········································································170
(4) [질의-216] 시공사와 하자보수 ································································································171
(5) [질의-217] 사소한 하자와 하자보수의 청구 ·········································································171
2. 하자로 인한 손해배상 ······················································································································172
(1) [질의-218] 입주자대표회의와 하자로 인한 손해배상청구 ···················································172
(2) [질의-219] 손해배상청구권의 양도 ························································································173
3. 담보책임기간 ·····································································································································173
(1) [질의-220] 하자와 담보책임기간 ····························································································173
(2) [질의-221] 공용부분의 담보책임의 기산점 ···········································································174
(3) [질의-222] 전유부분의 담보책임의 기산점 ···········································································174
(4) [질의-223] 집합건물인 공공임대주택의 분양전환과 담보책임의 기산점 ··························175
4. 하자심사분쟁조정위원회의 하자판정 ·····························································································176
(1) [질의-224] 하자판정에 대한 이의제기 ··················································································176
(2) [질의-225] 하자판정에 따른 하자보수의 강제 ·····································································176
(3) [질의-226] 하자판정의 신청과 피신청인 ···············································································177
(4) [질의-227] 공용부분의 하자에 대한 하자심사신청 ······························································177
(5) [질의-228] 시행사나 시공사와 하자심사신청 ·······································································178
(6) [질의-229] 주상복합아파트의 상가부분구분소유자와 공동주택관리법에 따른 하자심사 
및 분쟁조정 ···········································································································178

ⅩⅠ. 비의무관리대상 공동주택의 관리 ····················································································179
1. [질의-230] 비의무관리대상 공동주택 관리의 근거법 ·································································179
2. [질의-231] 비의무관리대상 공동주택의 입주자대표회의의 관리권한 ·······································180
3. [질의-232] 비의무관리대상 공동주택의 입주자대표회의와 관리인 ··········································181
4. [질의-233] 소규모 공동주택의 관리단 집회 결의요건 ·······························································181
5. [질의-234] 수분양자들의 동의와 규약의 성립 ············································································182
6. [질의-235] 비의무관리대상 공동주택의 규약개정과 임차인의 의결권 행사 ···························182

ⅩⅡ. 오피스텔의 관리 ·················································································································184
1. [질의-236] 주거전용 오피스텔 관리의 근거법 ············································································184
2. [질의-237] 오피스텔의 입주자대표회의의 관리권한 ···································································184
3. [질의-238] 임차인의 오피스텔 관리위원 자격여부 ····································································185

ⅩⅢ. 상가 및 대규모점포의 관리 ······························································································186
1. 상업용 집합건물의 관리 ··················································································································186
(1) [질의-239] 상가번영회장과 관리인의 관계 ···········································································186
(2) [질의-240] 분양계약과 업종제한의 관계 ···············································································187
(3) [질의-241] 규약과 업종제한 ···································································································187
(4) [질의-242] 업종제한의무 위반에 대한 구제책 ·····································································188
2. 대규모점포 ········································································································································189
(1) [질의-243] 대규모점포의 의의 ································································································189
(2) [질의-244] 대규모점포관리자의 구성 ····················································································189
(3) [질의-245] 대규모점포관리자와 집합건물 관리단의 관계 ···················································190
(4) [질의-246] 대규모점포관리자의 관리비 징수권한 ································································191
(5) [질의-247] 대규모점포의 표준관리규정 ·················································································191
(6) [질의-248] 대규모점포관리자의 주차료 징수권한 ································································192

ⅩⅣ. [질의-249] 집합건물의 분쟁조정 ····················································································193
제3편 집합건물법 해설 ·······································································································195
제1장 건물의 구분소유 ··············································································································196
제1절 총칙 ·············································································································································196
제2절 공용부분 ······································································································································218
제3절 대지사용권 ··································································································································234
제4절 관리단 및 관리단의 기관 ··········································································································237
제5절 규약 및 집회 ······························································································································256
제6절 의무위반자에 대한 조치 ············································································································279
제7절 재건축 및 복구 ···························································································································283
제2장 단지 ···································································································································296
제2장의2 집합건물분쟁조정위원회 ···························································································298
제3장 구분건물의 건축물대장 ···································································································303
제4장 벌칙 ···································································································································309

 

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<경기도 집합건물 관리가이드 목차>

 

제2권 경기도 집합건물 관리가이드
관리가이드 제1호 집합건물의 유형 및 관리에 관련된 법률 ············································382
관리가이드 제2호 입주자 신고서와 개인정보보호 ·····························································384
관리가이드 제3호 분양자ㆍ분양계약과 집합건물의 관리 ··················································387
관리가이드 제4호 관리단집회 소집절차 ·············································································389
관리가이드 제5호 임시관리단 집회소집허가신청 ·······························································392
관리가이드 제6호 관리단집회 소집통지서 ·········································································395
관리가이드 제7호 관리단 집회의 의사진행 ·······································································397
관리가이드 제8호 관리단 집회결의와 의결권 ····································································400
관리가이드 제9호 관리단 집회 결의취소의 소 ··································································403
관리가이드 제10호 관리단 집회 결의 부존재와 무효 확인의 소 ·····································405
관리가이드 제11호 고유번호신청 ·······················································································407
관리가이드 제12호 사업자등록신청 ····················································································411
관리가이드 제13호 관리단의 공문 ·····················································································413
관리가이드 제14호 집합건물의 관리와 임차인의 권리의무 ··············································414
관리가이드 제15호 공용부분과 전유부분의 구분 ······························································417
관리가이드 제16호 집합건물의 관리비와 사용료 ······························································420
관리가이드 제17호 체납관리비징수 ····················································································423
관리가이드 제18호 임시관리인 선임신청 ···········································································427
관리가이드 제19호 직무대행자 선임신청 ···········································································429
관리가이드 제20호 관리인 해임청구 ··················································································431
관리가이드 제21호 관리인의 보고의무ㆍ정보제공의무 ······················································433
관리가이드 제22호 관리단의 회계감사 ··············································································435
관리가이드 제23호 관리단의 규약 ·····················································································437
관리가이드 제24호 관리업무의 인수인계 ···········································································440
관리가이드 제25호 관리단의 계약체결방식과 입찰공고문 ················································442
관리가이드 제26호 집합건물의 수선계획과 수선적립금 ····················································445
관리가이드 제27호 공동의 이익에 반하는 행위의 대처방안 ············································449
관리가이드 제28호 집합건물 하자의 처리방안 ··································································451
관리가이드 제29호 집합건물과 분쟁조정 ···········································································453
관리가이드 제30호 경기도 집합건물분쟁조정위원회 ·························································455
관리가이드 제31호 경기도 집합건물 관리단지원프로그램 ················································458