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
- 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. 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. 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. 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. 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. 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
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
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?
What is the fine for not filing the council formation report?
How is a building representative elected when there is only 1 candidate?
Who files the council formation report?
In what order is the council's unique identification number certificate obtained?
Can an administrative agent file the council formation report?
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.
