Unpaid Condo Management Fees in Taiwan: Process and Who Pays
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Unpaid Condo Management Fees in Taiwan: Process and Who Pays

This article is general information for reference only and is not legal, tax, medical or engineering advice. Rules, fees and subsidies change; check the latest notice from the responsible authority before acting. For electrical, gas, structural or health risks, consult a licensed professional.

This is the English edition of a Chinese article, adapted with AI assistance and checked against the original. Where the two differ, the Chinese version and the official sources it cites prevail.

If management fees or common fund contributions are overdue by more than 2 periods or by a comparable amount, and payment is still not made after the management committee (管理委員會) or the management representative (管理負責人) has given a written demand setting a reasonable period, the management committee or management representative can sue in court under Article 21 of the Condominium Administration Act (公寓大廈管理條例) for the arrears plus late-payment interest. The management committee must not cut off water or electricity on its own. How management fees are calculated, and whether empty units and parking spaces must pay, the Act sets out only as principles. In practice, each community's bylaws (規約) and the resolutions of its owners meeting (區分所有權人會議) decide.

Note: If arrears recur after compulsory enforcement and reach 1% of the total value of the unit, the management committee can, under a resolution of the owners meeting, sue to have the occupant compelled to move out or the owner ordered to transfer the unit (Article 22 of the Act). If you object to the amount of the fee, bring a proposal to the owners meeting; do not stop paying on your own. This article summarizes public regulations and the competent authorities' Q&A. For an individual case, follow the bylaws, court judgments and the explanations of the Taipei City building administration office (臺北市建築管理工程處) or the competent authority where the property is located.

How Fees Are Calculated: The Act's Principle and the Four Methods in the Model Bylaws

The national laws and regulations database shows that the current version of the Condominium Administration Act was amended on May 11, 2022. Article 10, Paragraph 2 provides that repair, management and maintenance of the common areas (共用部分) and agreed common areas (約定共用部分) are handled by the management representative or the management committee, with the cost paid from the common fund (公共基金) or shared by the unit owners (區分所有權人) in proportion to their shares of co-ownership; where the owners meeting or the bylaws provide otherwise, that governs. Where a repair cost is attributable to a particular resident, that resident bears it.

Under Article 60 of the Act, the Ministry of the Interior has issued model condominium bylaws (公寓大廈規約範本). Article 17 lists four bases for sharing management fees, and a community ticks one when drafting its bylaws:

Model bylaws optionHow it is calculatedNotes
1. By share of co-ownershipEach unit owner pays in proportion to his or her share of co-ownershipThe model states that if none is ticked, option 1 is deemed chosen
2. Owners meeting resolutionShared according to the resolution of the owners meetingThe amount and method are decided by the meeting
3. Fixed rate per ping plus fixed amount per parking spaceA fixed monthly amount per ping (1 ping ≈ 3.3 m²) of total registered building area (excluding parking space area); a fixed monthly amount per parking spaceThe rate is set by resolution of the owners meeting
4. OtherThe bylaws set out another sharing methodFor example, different rates for shops and homes; this must be written into the bylaws

Article 17 of the model also states that "management fees should, in principle, be enough to cover the spending in Article 18, item 2". Management fee uses include pay for management service staff, maintenance of the common areas, fire and liability insurance premiums for the common areas, administrative costs of the management organization, taxes, and fees for consulting lawyers or architects. The common fund is held in a separate account and used for planned repairs, emergency repairs, and major repairs or improvements of the common areas. Article 18 of the Act says that one source of the common fund is "payments by unit owners as resolved by the owners meeting".

So there is no legal standard answer to a question like "how much per ping is reasonable". It depends on which method your community's bylaws ticked and what the owners meeting resolved. To check the bylaws and the accounts, Article 35 of the Act lets interested parties request to read or copy the bylaws, the common fund balance, accounting vouchers, financial statements and the arrears situation, and the management committee must not refuse.

Handling Arrears: From Demand to Enforcement

Article 21 of the Act has three conditions: arrears of more than 2 periods or a comparable amount, a demand setting a reasonable period, and still no payment. Article 54 provides that demands under the Act are made by the management representative or the management committee "in writing" (以書面為之). A verbal reminder or a message in a chat group does not count.

StepWhat to doBasis
1. Written demandIf arrears are overdue by more than 2 periods or a comparable amount, send a written demand setting a reasonable period. The Taipei City building administration office suggests a registered letter with proof of content (存證信函) or a court-certified letter (法院認證函), sent in the name of the chairperson (主任委員)Articles 21 and 54 of the Act; Taipei City building administration office Q&A item 33
2. Apply for a payment orderFor a clearly stated amount, you can apply to the court for a payment order (支付命令). The debtor can object without giving reasons within 20 days of receiving it, and if no objection is made, the order can serve as an enforceable title (執行名義)Code of Civil Procedure (民事訴訟法) Articles 508, 516 and 521
3. Sue for paymentThe management committee has capacity to be a party (當事人能力) and can sue for the arrears and late-payment interest; claims of NT$100,000 or less fall under the small claims procedure (小額程序)Articles 21 and 38 of the Act; Code of Civil Procedure Article 436-8
4. Compulsory enforcementAfter obtaining an enforceable title, apply for compulsory enforcementCompulsory Enforcement Act (強制執行法) Article 4; for payment orders see also Code of Civil Procedure Article 521
5. Forced move-out or transferIf arrears recur after compulsory enforcement, reach 1% of the total value of the unit, and are still not remedied after the owner has been urged to improve for 3 months, the committee may sue, under a resolution of the owners meeting, to compel the occupant to move out. A unit owner can be sued to transfer the unit, and if the owner has not transferred it within 3 months after the judgment becomes final, a court auction can be requestedArticle 22, Paragraphs 1 and 2 of the Act

On the rate of late-payment interest, Article 17 of the model bylaws leaves the entry "handling of overdue common fund or management fees" blank for the community to fill in an "annual interest rate of ___%". When the bylaws say nothing, this article understands that the Civil Code (民法) applies: Article 233 says that for a late payment of money the creditor may claim late-payment interest at the statutory rate, and Article 203 sets the statutory annual interest rate at 5%.

In addition, Article 49, Paragraph 1, Subparagraph 6 of the Act provides that a unit owner who violates Article 18, Paragraph 1, Subparagraph 2, by "failing to pay into the common fund", is fined NT$40,000 to NT$200,000 by the municipal or county (city) competent authority. The article's wording is "common fund". Taipei City building administration office Q&A item 33 lists this article as one way of dealing with refusal to pay (that Q&A cites Subparagraph 5; in the current text it is Subparagraph 6). Whether a fine is actually imposed is decided by the competent authority case by case.

What the Management Committee Cannot Do

  • Cutting off water or electricity: Item 9 of the Taipei City building administration office's "Condominium Administration Act Q&A" states that when a resident owes management fees, the management committee must proceed under Article 21 and must not cut off the resident's water or electricity on its own.
  • Refusing to let a resident in arrears examine the accounts: Ministry of the Interior letter 內授營建管字第 1060813001 號 of August 22, 2017 points out that when a resident has not paid the common fund or management fees, the matter should be handled by demand, a suit for payment or a suit for removal under Articles 21 and 22, and it is not appropriate to deprive the resident of the right to request to read or copy community records.
  • Publicly naming people in a chat group: Letter 國署建管字第 1130120012 號 of December 6, 2024 from the National Land Management Agency, Ministry of the Interior (內政部國土管理署) answered the question of "posting payment reminders through apps, chat groups or public mailboxes". It explained that, within the specific purpose of "residential administration" (住宅行政) and in the circumstances the law allows, a management committee may use residents' personal data within the scope necessary for the purpose of collection, but must still comply with the Personal Data Protection Act (個人資料保護法). This article suggests that reminders show only the unit address and the amount, not names, and that formal demands still go out in writing.

As for whether access-card keys or elevators can be disabled over unpaid fees, this article found no clear interpretation from the competent authority; for arrears the Act prescribes only the procedures in Articles 21 and 22. If the bylaws provide otherwise, that may also lead to disputes, and the safest course is to go through the courts.

Empty Units, Parking Spaces, Tenants and Second-Hand Buyers: Who Pays

SituationMust they pay?Basis
Empty unit, nobody living thereThe Act has no exemption for empty units; common-area costs are in principle shared in proportion to shares of co-ownership. To charge less, the bylaws or the owners meeting must provide otherwiseArticle 10, Paragraph 2 of the Act
Car and motorcycle parking spacesDepends on the bylaws. Option 3 of the model has parking spaces share a fixed monthly amount per space; a person who has acquired ownership of a parking space in the building also counts as a "resident" (住戶)Article 17 of the model bylaws; Article 3, Subparagraph 8 of the Act
Tenant living thereA tenant counts as a "resident", and Article 21 allows a claim against a resident. But the common fund is an obligation of the unit owner, so if the tenant refuses to pay, the owner must still pay. How the landlord and tenant divide the cost depends on the leaseArticle 3, Subparagraph 8 and Article 21 of the Act; Taipei City building administration office Q&A item 1
Buying a second-hand unitThe successor must, before taking over, ask the management committee to let them read documents such as the arrears situation, and after taking over must abide by the rights and obligations that the previous owner had under the Act or the bylawsArticle 24, Paragraph 1 and Article 35 of the Act
Unauthorized occupantMust comply with the obligations of residents, and Articles 21 and 22 apply to them by analogyArticle 24, Paragraphs 2 and 3 of the Act

A note for renters: the Act deals with the relationship between the community and its residents. Who pays the management fee as between landlord and tenant is a matter for the lease. This article suggests writing the management fee and parking fee clearly when signing. On whether a security deposit can be used to offset unpaid management fees, see How many months of security deposit a landlord can ask for, and what can be deducted. For how shared expenses such as common electricity and booster pump electricity are divided, see Who pays for the rooftop water tank booster pump electricity in an apartment; for how repair costs for leaks in shared piping are divided, see Who is responsible for leaks in a building's shared utility shaft.

How Long Before Unpaid Fees Expire

Article 126 of the Civil Code provides that claims for interest, rent and "other periodic payments of one year or less" are extinguished if the claim for each period is not exercised for 5 years. Whether monthly or quarterly management fees are periodic payments of this kind is not stated directly in the article. This article understands that in practice this provision is often applied, but each case is decided by the court. For a management committee, do not let long-term arrears go beyond 5 years before acting. For a resident, the defense that the time limit has passed must be raised by the resident in the lawsuit.

Frequently Asked Questions

The management fee is too high. Can I just not pay?

This is not recommended. The amount follows the bylaws or a resolution of the owners meeting; if you disagree, vote at the meeting or propose a change. Article 25 of the Act provides that when one-fifth or more of the unit owners, whose ownership shares together are one-fifth or more of the total, request it in writing stating the purpose and reasons, an extraordinary meeting must be convened. Stopping payment on your own can still lead to a lawsuit under Article 21.

Can arrears be pursued in an old building with no management committee?

Under Article 21, the party entitled to claim is the "management representative or management committee". Article 29 provides that a condominium must set up a management committee or appoint a management representative; if none has been appointed, the convener chosen among the unit owners, or a temporary convener appointed on application, serves as the management representative. This article suggests first completing the filing (報備) of the management organization, and then sending the demand according to the procedure.

How is late-payment interest calculated?

First check whether the bylaws entry "handling of overdue common fund or management fees" states a rate (Article 17 of the model). If the bylaws say nothing, interest is calculated at 5% a year under Articles 233 and 203 of the Civil Code.

Do I have to pay management fees that the previous owner of a newly bought home left unpaid?

Article 24 requires a successor to ask the management committee, before taking over, to let them read the Article 35 documents, which include "the situation of unpaid common fund and expenses payable or otherwise to be borne". Who ultimately bears a previous owner's arrears involves the sale contract and court views. This article suggests obtaining a certificate of no arrears from the management committee before handover, or agreeing in the sale contract that the seller will settle them.

Last updated: 2026-10-31

This article was compiled by SOSfix editors from public information and is for general reference only. For your own case, contact the Taipei City building administration office, the condominium authority of the municipality or county (city) where the property is located, or consult a court or the Legal Aid Foundation (法律扶助基金會).

Sources