20150818 物管質量培力__第五次行動__談管理費
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本文件讨论了对于物业管理费的多方面问题，包括居民拒缴管理费的原因和管理费用的本质。文件还提出有效的催收管理费的方法和结构性解决方案，以防止管理人员挪用公款。希望通过这些措施提升社区的管理水平，减少争议与冲突。
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20150818 物管質量培力__第五次行動__談管理費
- 4. 20150818—第05次 住戶拒繳管理費 管理費爭議個案 臺灣高等法院民事判決， 98年度上字第286號 台北九如管理委員會(上訴人) VS松府建設公司(被上訴+起造人) 松府建設主張:由於代為管理維護社區期間支出龐大費用，兩造曾於94年10月、 11月間進行協商並達成協議，同意就先前積欠之管理費不用追繳，且自公 共設施點交完成後開始繳付管理 費，地下商場之管理費則以50%計算。 委員會主張:從未 同意系爭函文之內容，該函係由被上訴人自行製作，而由知 情之上訴人前總幹事侯大智盜蓋上訴人之印文所為。 臺灣高等法院意見: 1、管委會就所收取之管理費僅有依區分所有權人會議決議而為管理、運用之 權限，並無任意處分之權限，無就個別區分所有權人免除其所欠管理費債 務及變更其管理費計算標準之權限。 2、縱認系爭函文係屬真正，上訴人依該函文所為亦屬無權處分，民法第118條 第1項，按無權利人就權利標的物所為之處分，經有權利人之承認始生效力。