Issues under the Welfare of Senior Citizens Act and Multi-Family Housing management Act for the management of a sale-type senior housing

In the current situation where the ultra-aged society is becoming a reality, the sale-type senior housing, which was deleted from the Welfare of Senior Citizens Act in 2015, is being re-discussed. Unlike lease-type senior housing, where the ownership of the house belongs to the owner of the facility, sale-type senior housing are owned by the residents. This difference requires appropriate management that is suitable for the characteristics of the senior housing. However, the current senior housing operation standards under the Welfare of Senior Citizens Act are centered on lease-type senior housing, and are therefore not suitable for sale-type senior housing. Therefore, in order to protect the property rights of owners of sale-type senior housing, it is necessary to find a property management plan through the provisions of Multi-Family Housing management Act. So this study points out the following problems. First, sale-type senior housing, who are the owners, cannot exercise the right to appoint or dismiss managers. Second, the management committee is comprised of the management entity, not the owners, so the voting rights of residents are limited. Therefore, in order to overcome the problems of the current Welfare of Senior Citizens Act, the provisions of Multi-Family Housing management Act on management systems are actively utilized to protect the property rights of owners of sale-type senior housing.

Publication Details

Journal
Korean Institute for Aggregate Buildings Law
Published
2024-08-30
DOI
https://doi.org/10.55029/kabl.2024.51.133
Primary Topic
Korean Urban and Social Studies
Type
article
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article

Issues under the Welfare of Senior Citizens Act and Multi-Family Housing management Act for the management of a sale-type senior housing

Korean Institute for Aggregate Buildings Law
Korean Urban and Social Studies
article

Issues under the Welfare of Senior Citizens Act and Multi-Family Housing management Act for the management of a sale-type senior housing

article en

Abstract

In the current situation where the ultra-aged society is becoming a reality, the sale-type senior housing, which was deleted from the Welfare of Senior Citizens Act in 2015, is being re-discussed. Unlike lease-type senior housing, where the ownership of the house belongs to the owner of the facility, sale-type senior housing are owned by the residents. This difference requires appropriate management that is suitable for the characteristics of the senior housing. However, the current senior housing operation standards under the Welfare of Senior Citizens Act are centered on lease-type senior housing, and are therefore not suitable for sale-type senior housing. Therefore, in order to protect the property rights of owners of sale-type senior housing, it is necessary to find a property management plan through the provisions of Multi-Family Housing management Act. So this study points out the following problems. First, sale-type senior housing, who are the owners, cannot exercise the right to appoint or dismiss managers. Second, the management committee is comprised of the management entity, not the owners, so the voting rights of residents are limited. Therefore, in order to overcome the problems of the current Welfare of Senior Citizens Act, the provisions of Multi-Family Housing management Act on management systems are actively utilized to protect the property rights of owners of sale-type senior housing.

Korean Institute for Aggregate Buildings LawVol. 51
Peace, Justice and strong institutions
Openalex Percentile: Top 80%
Korean Urban and Social Studies
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