Standard Condominium Management Bylaws(2016), community clause deletion, capital recovery, condominium management association, formal/informal organization
On the Controversy over the Community Clause : A View from Capital Recovery
抄録
This paper aims to clarify the nature of the controversy i.e. what we call “the community clause deletion” in Standard Condominium Management Bylaws (2016) in the light of capital recovery. Reviewing pros and cons of the clause deletion, neither side of them seems to refer either entry or exit barrier. Instead, pros are apt to rely on the principle of joint-stock company i.e. property right; cons are prone to base on the local complexity of the condominium i.e. life on the spot. Firstly, we compare joint-stock company with unlimited partnership or unlisted firm from the point of view of capital recovery. Secondly, we compare absentee condominium investment with residential condominium ownership regarding to its aim（resident/rental/speculation）and time span（long/short）. Finally, rethinking the controversy, we inquire to extract two conceptual similarities: on the one hand, between community and informal organization; on the other, between condominium management association and formal organization.
コミュニティ条項論争：資本回収からの一考察
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