Introductory Review of Termination in the Condominium Law : Implications of the U.S. Condominium Law

This paper aims to review the United States' condominium termination system and provides insights into the relevant legislation in Korea. This point refers to the Uniform Condominium Act and the Uniform Common Interest Ownership Act as a model act and the Florida Condominium Act. Although each law has some differences, they are generally similar. In other words, the termination of condominium is roughly divided into voluntary termination and involuntary termination, and in the former, decision-making based on autonomy is respected as much as possible, but requirements are tended to be relaxed in accordance with reality. In the latter case, however, the requirements are further relaxed by assuming that termination is relatively inevitable in consideration of natural disasters or deterioration issues, or in more extreme situations (complete destruction of all units), the termination resolution is omitted and active intervention by the court is allowed instead. Based on these details, the following conclusions are drawn. First, Korean legislation for condominium termination refers to Florida law, which appears to be at a compromise between voluntary termination and involuntary termination, and establishes objective and somewhat abstract requirements to cover a wider range of reasons for termination, such as deterioration or natural disasters, but it is consistent with our reality to avoid a form in which the reason for termination is not specified at all. Second, even if the resolution method for terminating condominium is determined by majority rules, the requirement for opposition resolution as a check by the minority or the differentiation of resolution standards according to the use of the building (residential/non-residential) should also be considered.