Restrictions on use of common areas of Apartments: Focusing on banning electric vehicles from using parking lots

This study reviewed the case of a resolution made by the residents' representative meeting that decided to ban electric vehicles from entering the underground parking lot of an apartment building. We reviewed what the case means in two Acts, and looked into what was necessary for the decision to be properly effective. The contents of this study are summarized as follows. First of all, establishing the relationship between two Acts is an important issue for application and interpretation of the target case. Since the Multi-Family Housing Management Act and Act on Ownership and Management of Condominium Buildings have different objectives and different targets of application, they should be viewed as different laws. Considering this relationship, Act on Ownership and Management of Condominium Buildings should be applied first when it comes to ownership right. However, in terms of management, Multi-Family Housing Management Act, which stipulates mandatory management targets, must be applied, and Act on Ownership and Management of Condominium Buildings must be applied to other apartment complexes. Looking at the decision of the residents' representative meeting that electric vehicles cannot enter the underground parking lot, the residents' representative meeting only has the management authority to decide and implement matters related to the management of the apartment complex, and cannot exercise the rights of owners. Therefore, in order to make the decision covered in the target case, a resolution or participation in a management meeting will be required by Sectional Owner to respect the Sectional Owner's right to use the common areas. Management Rule prohibiting electric vehicle owners from using underground parking lots may limit or exclude the right to use section for common use. Therefore, it is difficult to justify the restriction through a resolution under Multi-Family Housing Management Act, and revision must be made according to a resolution under Act on Ownership and Management of Condominium Buildings.