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【解説】マンション管理適正化法等の令和２年改正
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江戸時代から現代に至る三浦半島の歴史。それは、寒村にすぎなかった横須賀が日本海軍とともに拡大していく歴史でした。この過程を、GIS(地理情報システム)を使って視覚的にわかりやすくつくった横須賀ストーリーです。
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【解説】マンション管理適正化法等の令和２年改正
1.
【解説】マンション管理 適正化法等の令和2年改正 マンション管理士（袖ケ浦市議会議員） 根本 駿輔
2.
マンション管理適正化法等の改正 ＊マンションの管理の適正化の推進に関する法律 ＊マンションの建替え等の円滑化に関する法律の 一部を改正する法律 令和2年５月、国会ではコロナ対策や検察庁法改正が注目される中、 地方公共団体とマンション管理の関係を大きく変える法律が審議
3.
マンション管理の失敗例 マンション管理が失敗すると廃マンション化 ↓ 所有者に解体費用負担能力なし ↓ 行政代執行による解体措置、費用回収できない （税金による解体） ▲野洲市の廃マンション （京都新聞ウェブサイトより） 滋賀県野洲市の事例では、わずか３階建て ９戸のマンション解体に１億円
4.
▲野洲市の廃マンション （京都新聞ウェブサイトより） 滋賀県野洲市の事例では、わずか３階建て ９戸のマンション解体に１億円 ※国交省資料「分譲マンションストック戸数」より転載 高 経 年 マ ン シ ョ ン の 急 増
5.
マンション管理はなぜ失敗するのか マンション管理組合（所有者の集まり）が適正な長期修繕計画を立て、 管理会社がサポートし、必要な修繕費を積み立てていく 原則（理想） ＊工事費相場上昇、高齢化による負担能力の低下や声の大きい居住者 の反対等によって、適正な修繕積立ができてない ＊長期修繕計画が短く、積立金設定の根拠も曖昧 ＊管理会社が計画を提案することが大多数だが、安全に見積もった金額 ＝高めの金額で出すと不信感を買うため、ギリギリの数字で出す …といった事例がでてしまう 現実
6.
マンション管理適正化法 正式名称：マンションの管理の適正化の推進に関する法律 マンション管理士、マンション管理業者、財団法人マンション管理適正化 推進センターについて定められた法律 ＝マンション住民（管理組合）、行政を対象としていなかった 従来の内容
7.
マンション管理適正化法 正式名称：マンションの管理の適正化の推進に関する法律 管理組合の役割 →適正な管理をするよう努める 国の役割 →「基本方針」を策定 市区（町村は都道府県）の役割 →＊「マンション管理適正化推進計画」を策定（任意） ＊マンション管理適正化指針と上記推進計画に基づいた助言・指導ができる ＊管理組合作成の「管理計画」を認定できる 改正内容
管理組合、国、地方自治体も巻き込む内容に改正
8.
マンション管理適正化法 正式名称：マンションの管理の適正化の推進に関する法律 マンション管理士 マンション管理会社 行政 マンション管理組合 従 来 の 適 正 化 法 の 対 象 改 正 適 正 化 法 の 対 象 サポート 助言・指導 計画認定 適切な管理
9.
ところで… A.そうとも限りません。 マンションの多い都市部はニーズも高いため、最終的に敷地ごとの売 却や建替えになっても成立しやすいですが、非都市部はその逆。 都市部以上に長期的な修繕、最終的な出口を考えないと、「廃マンショ ン化」リスクは都市部以上に高いと思われます。 Q.この法改正における自治体の推進計画作成は「任意」。 都市部のマンション密集地域は必要だろうけど、それ以外はいらない？
10.
ところで… A.そうとも限りません。 最近でこそ少し風潮が変わってきましたが、基本的に管理会社は契約 解除されてしまう恐れがあるため、管理組合に忖度します。 また、適切な管理がされることのインセンティブも管理会社にとって 強くはありません。 管理会社の助言＝本当に必要な内容とは限らないのです。 マンション管理士については、現状まだ管理組合の活用率が低い上に、 副業レベル以上の収入を得るのが困難なため、質が安定しません。 Q.管理会社やマンション管理士が、しっかりサポートしてるんじゃないの？
11.
マンション建替円滑化法 正式名称：マンションの建替え等の円滑化に関する法律 マンション建替の基本的なルール→「区分所有法」 マンション建替円滑化法では、法人格を持つ「マンション建替組合」や権利変換 制度、要除却認定マンション、敷地売却事業について定められている。 今回の改正ポイントは、要除却要件の拡充と円滑化 従来の内容
12.
マンション建替円滑化法 正式名称：マンションの建替え等の円滑化に関する法律 建替をせず敷地ごと売却してしまう場合は、区分所有者全員の同意が必要。 そこで、「耐震性が不足している」場合のみ「要除却認定マンション」として、 ５分の４同意で敷地売却ができる例外を設けている。 従来の内容
13.
マンション建替円滑化法 正式名称：マンションの建替え等の円滑化に関する法律 改正内容 要除却認定マンションについて拡充し、 ①外壁の剥落等により危害を生ずるおそれがあるマンション等 →4/5同意の敷地売却や建替時の容積率特例 ②バリアフリー性能が確保されていないマンション等 →建替時の容積率特例 を追加
14.
マンション建替円滑化法 正式名称：マンションの建替え等の円滑化に関する法律 改正内容 さらに、要除却認定を受けたマンションを含む団地について、4/5同意で 一部だけ分割して売却・建替えができる制度を創設
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