- 會議論文
公寓大廈專有部分漏水修繕責任歸屬探討
The Responsibility of Repairing Water Leaks in the Exclusive Part of the Apartment Building is Explored
摘要
台灣氣候潮濕，且處於地震帶，公寓大廈常常發生滲水的問題，此狀況是建築物結構上的頭號殺手，也對於生活品質和公共衛生有非常不好的影響，更造成鄰居發生爭執和糾紛。為維護公寓大廈建築物機能，並使住戶有良好居住環境，政府於民國84年完成公寓大廈管理條例之立法工作，做為住戶彼此之間生活權利義務規範，也做為以公權力介入私人生活領域之根據。公寓大廈之上下層，常常發生漏水糾紛，此亦占了民事訴訟之相當比例。本研究將以「公寓大廈管理條例」第12條：「專有部分之共同壁及樓地板或其內之管線，其維修費用由該共同壁雙方或樓地板上下方之區分所有權人共同負擔。但修繕費係因可歸責於區分所有權人之事由所致者，由該區分所有權人負擔」，從法條與專有部份漏水面向進行文獻探討與彙整，此法條雖已行之有年，但漏水發生時，還是常因法條內容的適用認知不同，訴諸法院進行專業鑑定來釐清責任與修繕費用歸責，且常有法院鑑定費用高於漏水修繕費用的情形，讓法條訂定的初衷沒有產生實際的便民效用。藉由釐清不同漏水狀態下的法律依循及適用法條，以減少社區住戶的爭議糾紛、減少浪費立法成本與執行成本。研究發現：針對於民眾難釐清的專有部分漏水修繕責任，本研究經由彙整法院官方與相關專業單位資訊，依圖表式條列修繕責任，讓一般的民眾能清楚了解各種不同狀況的漏水責任歸屬與法律依循。
並列摘要
The humid climate in Taiwan and the seismic zone often cause water seepage problems in apartment buildings, which is the number one killer of building structures and has a very bad impact on the quality of life and public health, and causes disputes and disputes among neighbors. In order to maintain the function of the apartment building and to provide a good living environment for the residents, the government completed the legislation of the apartment building management ordinance in 1995 to regulate the rights and obligations of the residents to each other and to intervene in the private living area with public authority. Water leakage disputes often occur in the upper and lower floors of apartment buildings, and they account for a significant proportion of civil lawsuits. In this study, we will use Article 12 of the ＂Condominium Building Management Ordinance＂: ＂The cost of repairing the common wall and floor of the exclusive part or the piping within it shall be borne by both parties of the common wall or the separate owners of the floor above and below. However, if the cost of repair is due to a cause attributable to the subdivided owner, the subdivided owner shall bear the cost of repair.＂ Although this law has been in effect for many years, when water leakage occurs, it is often due to different knowledge of the application of the law, and the court is called upon to conduct a professional appraisal to determine the responsibility and the cost of repair. In addition, there are often cases where the cost of the court's determination is higher than the cost of repairing the water leak, making the original intent of the law less effective than the actual utility. By clarifying the legal basis and applicable laws for different water leakage conditions, we can reduce disputes and wasteful legislative and enforcement costs for community residents. The study found that, in order to clarify the responsibility for repairing water leaks that are difficult for the public to understand, the study compiles information from the courts and relevant professional bodies and lists the responsibility for repairing water leaks in a chart format so that the general public can clearly understand the responsibility for water leaks in different conditions and the legal basis for repairing water leaks.