Setting Up a Building Management Association (Meeting and Manager Appointment Documents)

Procedure

Procedure

1. 01

   Confirm formation and the duty to appoint: The association is established automatically once sectional ownership arises, and a manager must be appointed when there are 10 or more sectional owners. In the early sales period the seller manages the building; once at least half of the prospective purchasers have completed title transfer, the seller must notify the owners to convene a meeting to enact bylaws and appoint a manager. If no manager has been appointed, an interested party may ask the court to appoint a temporary manager.

2. 02

   Decide who convenes and prepare the notice: The manager convenes the meeting, or, if there is no manager, at least one fifth of the sectional owners may do so. Organize the owner list from the property register and send the notice at least 1 week before the meeting (or the period set by the bylaws) with the agenda stated specifically. For a bylaw agenda the text of the proposal must be included, and the notice must also state that votes can be cast in writing, electronically or by proxy and how to do so.

3. 03

   Hold the meeting and pass resolutions: The chair is, in principle, the manager or the eldest of the owners who convened the meeting. Appointing a manager needs a majority of owners and a majority of voting rights; enacting or amending bylaws needs three quarters of each. Unless the bylaws provide otherwise, voting rights follow each unit's share ratio, and co-owners of a unit designate one person to vote.

4. 04

   Prepare the minutes and consider written resolutions: The minutes record the proceedings and results and are signed and sealed by the chair and at least 2 sectional owners. If a meeting is hard to hold, a written or electronic agreement of at least three quarters of the owners and three quarters of the voting rights is treated as a meeting resolution, so the vote thresholds for each agenda item are checked to choose between the two methods.

5. 05

   File the manager appointment notice: For buildings with 50 or more exclusive units (excluding mandatory-management apartment complexes and registered large-scale stores), submit the manager appointment notice to the mayor, county head or district head where the building is located within 30 days of appointment, attaching proof of appointment such as the meeting minutes, bylaws, management committee minutes or the court decision appointing a temporary manager.

6. 06

   Apply for the unique number certificate and note post-appointment duties: The manager applies to the tax office with jurisdiction over the building, with the minutes, bylaws, appointment documents and member list, so the association can open a bank account and collect management fees. After appointment, a regular association meeting must be held within 3 months after each fiscal year ends, and whether the building is subject to an audit should also be checked.

Filing route

Filing route

Deadlines & processing notes

Deadlines & processing notes

Basic documents

Basic documents

If a notice is missed for even some sectional owners or the agenda is not stated specifically, the manager appointment resolution may be challenged, so check the owner list and keep delivery records.