Building administration

Apartment Council of Occupants' Representatives Formation Report — 30-Day Deadline and Election Order

In a multi-family housing complex subject to mandatory management, the chair of the council of occupants' representatives must submit a report and the council composition to the mayor, county governor or district head within 30 days from the date the council is formed or changed (Multi-Family Housing Management Act Article 19(1); Enforcement Decree Article 21; Enforcement Rule Article 6). Failure to report is subject to a fine for negligence of up to 3,000,000 won (Act Article 102(4)2), and after the formation report the chair applies for a unique identification number for the organization at the competent tax office or via Hometax (Income Tax Act Article 168(5)).

Procedure

Procedure type
  • Notification Difficulty Low

    You submit the statutory report form and required documents. Once the documents are in order the report is accepted; for some reports the authority checks the contents before accepting it.

  1. 1. Form the election management committee

    To elect building representatives and officers, the occupants first form an election management committee (Multi-Family Housing Management Act Article 15(1)). It has 5 to 9 members in complexes of 500 or more households and 3 to 9 members in complexes of fewer than 500 households, and building representatives, candidates, and their spouses or lineal ascendants and descendants cannot serve as members (Act Article 15(2); Enforcement Decree Article 15(1)).

  2. 2. Elect building representatives

    The council consists of at least 4 building representatives, one elected from each electoral district set by the management rules (Act Article 14(1); Enforcement Decree Article 11(1)). With 2 or more candidates, a majority of all occupants in the district must vote and the candidate with the most votes is elected; with 1 candidate, a majority must vote and a majority of those voting must approve (Enforcement Decree Article 11(1)). Except for the first council, the eligibility requirement of at least 3 months of continuous residence after resident registration must also be checked (Act Article 14(3); Enforcement Decree Article 11(3)).

  3. 3. Elect the chair, auditors and directors

    The council has 1 chair, at least 2 auditors and at least 1 director, all elected from among the building representatives (Enforcement Decree Article 12(1) and (2)). The chair and auditors are elected by direct vote of the occupants with at least one-tenth of all occupants voting, and in cases such as complexes of fewer than 500 households where the management rules so provide, they may be elected with the approval of a majority of council members (Enforcement Decree Article 12(2)1 and 2). Directors are elected by vote of the council members (Enforcement Decree Article 12(2)3).

  4. 4. File the formation report with the city, county or district

    Within 30 days from the date of formation, the council chair submits the report on Form No. 5 of the Enforcement Rule of the Multi-Family Housing Management Act, with the council composition attached, to the mayor, county governor or district head (Act Article 19(1)2; Enforcement Decree Article 21; Enforcement Rule Article 6). The mayor, county governor or district head must give notice of whether the report is accepted within 7 days from receipt (Act Article 19(2)).

  5. 5. Apply for a unique identification number at the tax office

    To open a bank account in the organization's name and similar purposes, the chair, as representative of the council, applies for a unique identification number at the competent tax office or via Hometax (Income Tax Act Article 168(5)). It is advisable to confirm in advance with the competent tax office which documents it requires, such as proof of acceptance of the formation report and the management rules.

Required documents

  • Report on Establishment and Amendment of Management Rules, etc. (Enforcement Rule of the Multi-Family Housing Management Act, Form No. 5)
  • Council composition (names, addresses, dates of birth and career summaries of officers and building representatives)
  • Documents proving the election of building representatives and officers (announcement of elected candidates, vote count results, etc.)
  • Documents on the formation of the election management committee and the public notice for electing building representatives
  • Minutes of the council meeting resolving the election of directors, etc.
  • For the unique identification number application: proof of acceptance of the formation report
  • For the unique identification number application: management rules or operating regulations, and the representative's (chair's) ID

Fees

Administrative service fee
  • from KRW 900,000
All administrative service fees exclude 10% VAT.

The Multi-Family Housing Management Act and its Enforcement Decree and Enforcement Rule contain no fee provision for the formation report. Our office fee starts from the amount shown above and may vary depending on the size of the complex, whether it is a first formation or a change, and the scope of attached documents to be prepared; we will give you an exact quote after reviewing your documents. One in-person submission (Seoul metropolitan area) is included.

Legal basis and review date

  • Multi-Family Housing Management Act Article 2
  • Multi-Family Housing Management Act Article 14
  • Multi-Family Housing Management Act Article 15
  • Multi-Family Housing Management Act Article 19
  • Multi-Family Housing Management Act Article 102
  • Enforcement Decree of the Multi-Family Housing Management Act Article 11
  • Enforcement Decree of the Multi-Family Housing Management Act Article 12
  • Enforcement Decree of the Multi-Family Housing Management Act Article 15
  • Enforcement Decree of the Multi-Family Housing Management Act Article 21
  • Enforcement Decree of the Multi-Family Housing Management Act Annex 9
  • Enforcement Rule of the Multi-Family Housing Management Act Article 6
  • Income Tax Act Article 168

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • A person falling under the disqualification grounds for building representatives (such as having been in arrears on management fees for the most recent 3 or more consecutive months, or being an election management committee member) cannot become a building representative and is automatically removed if this occurs during the term, so this must be checked as of the candidate document submission deadline (Multi-Family Housing Management Act Article 14(4) and (5); Enforcement Decree Article 11(4)).
  • When officers or building representatives change, a change report must be filed within 30 days from that date, so it is advisable to track the reporting deadline separately after by-elections or officer replacements (Act Article 19(1); Enforcement Decree Article 21).

Frequently asked questions

When must the council of occupants' representatives formation report be filed?
It is within 30 days from the date the council is formed or changed. The council chair must submit the report to the mayor, county governor or district head (Enforcement Decree of the Multi-Family Housing Management Act Article 21), and a change of building representatives or officers is also subject to a change report (Act Article 19(1)).
What is the fine for not filing the council formation report?
It is subject to a fine for negligence of up to 3,000,000 won (Multi-Family Housing Management Act Article 102(4)2). Under the imposition standards, the fine is 300,000 won if the report is late by less than 10 days, 500,000 won if late by 10 days to less than 1 month, and 1,000,000 won if late by 1 month or more (Enforcement Decree Annex 9).
How is a building representative elected when there is only 1 candidate?
A majority of all occupants in the electoral district must vote and a majority of those voting must approve (Enforcement Decree of the Multi-Family Housing Management Act Article 11(1)2). With 2 or more candidates, a majority of all occupants must vote and the candidate with the most votes is elected (same paragraph, subparagraph 1).
Who files the council formation report?
The council chair files it (Multi-Family Housing Management Act Article 19(1)). The report must be accompanied by the council composition, including the names, addresses, dates of birth and career summaries of officers and building representatives and documents proving their election (Enforcement Rule Article 6(2)2).
In what order is the council's unique identification number certificate obtained?
After completing the formation report, the council chair applies at the competent tax office or via Hometax. A unique identification number is assigned by the head of the tax office to organizations other than those deemed corporations (Income Tax Act Article 168(5)), and it is advisable to confirm the required documents with the competent tax office in advance.
Can an administrative agent file the council formation report?
Hwang Yunsang Administrative Office prepares the formation report and attached documents such as the council composition and submits them to the city, county or district on your behalf. We also help prepare documents needed for the unique identification number application, such as operating regulations and minutes, while the council chair applies for the number directly at the tax office or via Hometax.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.