- Practice Areas
- Construction/Real Estate
- (Regional, Workplace) Housing Association Project
(Regional, Workplace) Housing Association Project
- Practice Areas Introduction
A housing association is an organization voluntarily organized by lower-income houseless people to purchase a house (mostly an apartment). In order for a housing association to achieve its purpose, the housing association must obtain approval for the formation of the association from a head of the competent district office after selecting a housing site and recruiting association members, select a constructor who will be a joint main participant in the project, and construct houses with the approval for the project plan in accordance with the Housing Act (it may be required to obtain a PF loan from a financial institution, if necessary). In this process, the executive members of the association such as the association president may use the association dues carelessly or conflicts of interests among the association members may arise (a lot of disputes arise particularly between the association members who had land or a building in the project site and the association members who joined the association without such interest). Sometimes a dispute arises between the housing association and the constructor or between the housing association and the agency.
If these issues are not properly handled in advance, the association members’ share in expenses may increase to a point where the members cannot afford the expenses or the completion of the construction of the houses may be delayed indefinitely or even the project site which was acquired with difficulty may be lost. Therefore, it is no exaggeration to say that the success and failure of a housing association depends on obtaining prompt and accurate legal advice from beginning to end.
Hankyul’s construction and real estate team has advised numerous housing associations for about 15 years now and helped the association members experience the joy of moving in by resolving legal issues of many housing associations which were practically in danger of going bankrupt or whose projects did not progress as planned.
- Practice Areas
- Litigation against the owner of land or a building (including an unlicensed building) in connection with securing the project site
- Litigation over payment by the association members for the association members’ share in expenses
- Reviewing and preparing the agreements with the constructor or the professional manager for an improvement project, etc.
- Advice on the approval of the association formation or the amendment to the association formation and the approval of the project plan
- Litigation over the internal matters of the association such as injunction suspending the execution of the association president’s duties, injunction prohibiting the holding of a general meeting, and confirmation of invalidity of the resolutions of a general meeting, etc.
- Litigation against association members who withdrew from the association or who were expelled from the association over confirmation of the status as the member of the association or litigation over the return of the association dues
- Advice and litigation on the termination of the construction contract with the existing constructor or the agency
- Litigation seeking damages against the existing executive member of the association
- Tax litigation such as litigation seeking revocation of acquisition tax or registration tax
- Professionals
Lee Inho
Jun Sungwoo
Park Kyungil
Kim Mingoo