Condominium Act B.E. 2522 page 1 CONDOMINIUM ACT B.E. 2522 (1979) -------------- BHUMIBOL ADULYADEJ REX. -------------- His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that: Whereas it is deemed expedient to have a law on Condominiums: Be it, therefore, enacted by H.M. the King, by and with the advice and consent of the National Legislative Assembly, in the capacity of the Parliament, as follows Section 1. This Act shall be called Condominium Act B.E. 2522, Section 2. This Act shall come in to force after the lapse of one hundred eighty days from the date of this publication in the Government Gazette. Section 3. All other laws, rules or regulations on the part provided herein or are inconsistent with the provisions of this Act are hereby superseded by this Act. Section 4. This Act: 'Condominium' means the building where persons are able to hold ownership separately according to the section whereby each section consist of personal ownership in the property and joint ownership in common property. 'Personal Property' means the apartment and it shall mean to include the structure or land allocated for the owner of the apartment individually. 'Apartment' means a separate part of a condominium that may be separately owned by an individual. 'Common Property' means part of the condominium which is not the apartment, land where the condominium is situated and land or other property provided for use or for joint benefits of joint-owners. 'Apartment Title Deed' means the document showing the ownership of personal property and joint-ownership in common property. 'Joint-owners' means the owners of the apartments in the condominium of each condominium. 'Juristic Condominium' means the juristic person registered under this Act. 'Regulations' means the Regulations of the juristic condominium. 'General Meeting' means the general meeting or the extraordinary general meeting of co-owners 1. 'Committee' means the juristic person management committee 2 ; 'Committee Member' means the member of the juristic person management committee 3. 'Manager' means the juristic person manager 4. 1 Added by Condominium Act (No. 4) B.E. 2551 (2008) 2 Added by Condominium Act (No. 4) B.E. 2551 (2008) 3 Added by Condominium Act (No. 4) B.E. 2551 (2008) 4 Added by Condominium Act (No. 4) B.E. 2551 (2008)
Condominium Act B.E. 2522 page 2 'Competent Official' means the person appointed by the Minister for execution of this Act. 'Minister' means the Minister having charge and control of the execution of this Act Section 5 The Minister of Interior shall have charge and control of the execution of this Act and shall have the power to appoint Competent Official, issue Ministerial Regulations, fixes fees and expenses not exceeding the rates annexed hereto and prescribes other businesses for the carrying out of this Act Such Ministerial Regulations shall become effective upon their publication in the government Gazette. CHAPTER 1: Registration of Condominium Section 6 5 Any person, who holds the ownership of a real estate and wishes to register such real estate as a private commonly-owned housing under this Act, shall apply to the competent officer for the private, commonly-owned housing registration together with: (1) the title-deed to the land; (2) the private, commonly-owned housing diagram including the access way to and from the public road; (3) the particulars pertaining to the private and common property such as space volume, nature of benefit usage, and other particulars as prescribed by the Minister; (4) information on the ratio of ownership of the common property pursuant to Section 14 granted to the owner of each housing unit; (5) the applicant's testimony to the effect that the building for which the private, commonly-owned housing registration is applied is not under mortgage with the exception of the mortgage of the building together with the land; (6) a draft of the condominium or regulations; (7) other evidences as specified by a Ministerial Regulation. Section 6/1 6 If the owner of real estate under the provision of Section 6 advertises the sale of a condominium, all copies of sale brochures or pictures that being commercialized or sale letters that were publicized by any methods must be kept in his office until all units are sold out, and at least one copy of each such material must be kept at the juristic person office for future reference. Advertising of a condominium for sale must be identical to the evidence and specification stated under Section 6. Advertising text or pictures made available to the public must be matched up with the registered evidence and details of common properties. In addition, the items stipulated under Section 15, must also be clearly shown. It is regarded that all advertising materials, text, photos, sale letters, are part of the Condominium Sale Agreement as the case may be. If the advertising material differs from the Sales Agreement, it shall be interpreted for the benefit of the buyer. Section 6/2 7 The Condominium Sales Agreement between the Seller who is the owner of the real estate under Section 6, and the prospective Buyer or the Buyers, must be made in the same standard as set by the Minister of Interior. Any paragraph of the Sales Agreement that appears in contradiction to the Ministry s standard or has any disadvantage to the buyer, that portion shall be null and void. Section 7 Upon the Competent Official having received the application for registration of condominium under Section 6, should there be name of the mortgage creditor or the creditor with preferential right over the said land and building applied for registration in the land title deed, the Competent Official shall publish the said application while in the meantime send written notice to the said creditor to appear to the Competent Official together with evidence within thirty days from the date of receipt of the said written notice. (repealed) 8 5 Amended by Condominium Act (No. 4) B.E. 2551 (2008) 6 Added by Condominium Act (No. 4) B.E. 2551 (2008) 7 Added by Condominium Act (No. 4) B.E. 2551 (2008)
Condominium Act B.E. 2522 page 3 Upon the Competent Official having considered that it is in good order and the said land is free from any obligations or in the case the land is under mortgage but the mortgagee has given consent to register as condominium, but in the case where the building is under mortgage which does not include the land, it is prohibited to accept the registration of the condominium. In the event the Competent Official deems it that the application for registration of the condominium is not in good order, the Competent Official shall give order refusing the registration of condominium and send written notice to the applicant together with the reasons therefore without delay. The Competent Official shall publish the registration of Condominium in the Government Gazette. Section 8 The application for registration under Section 6, the publishing, the sending of notice to the creditor and the registration under Section 7 shall be in accordance with the basis, procedures and conditions prescribed in the Ministerial Regulations. Section 9 Upon the Competent Official having accepted the registration of the condominium, the Competent Official shall forward the land title deed filed under Section 6 to the Competent Land official where the Condominium is situated within fifteen days for entry in the index for registration of the land title deed that the said land is subject to the provisions of this Act and retain the said title deed. In case the land is under mortgage but the mortgagee has given consent to register the condominium, the Competent Official shall make the memorandum of the consent of the mortgagee under Section 7, third paragraph, and the amount the mortgagee will receive settlement of debt from each apartment under Section 22 as well. Section 10 Upon registration of condominium and the Competent Official has duly made the memorandum in the land title deed under section 9, it is prohibited to register the rights and juristic acts concerning the said land any further unless in the case provided in this Act and it is prohibited to apply for registration of the said Condominium creating obligations to the said condominium. Section 11 In the event the Competent Official having issued an order refusing the registration of the condominium, the applicant has the right to lodge an appeal in writing to the Minister within thirty days from the date of the knowledge of the order. The minister shall give the determination within sixty days from the date of receipt of the appeal, the determination of the Minister is final. CHAPTER 2: Ownership of Apartment Section 12 The ownership of the apartment is indivisible. Section 13 The owner of the apartment has the ownership in the personal property which is his own and has the joint-ownership in the common property. Floor, partition wall of the room dividing any apartment shall be regarded as joint ownership between the said apartments and the exercising of the rights concerning the said property shall be in accordance with the regulations. Owner of the apartment shall not do anything to his personal property which might effect the frame structure, stability, the prevention of damages to the building or others as prescribed in the Regulations. Section 14 9 The ownership ratio in common property of co-owners shall be according to the ratio between the space of each housing unit and the total space of all the housing units at the time of the private, commonly-owned housing registration pursuant to Section 6. Section 15 The following properties shall be regarded as common property (1) Land on which the condominium is situated. (2) Land provided for mutual use or benefits. (3) Frame structure and structures for stability and prevention and damages to the condominium. (4) Building or part of the building and equipment provided for mutual use or benefits. 8 Repealed by Condominium Act (No. 4) B.E. 2551 (2008) 9 Replaced by Condominium Act (No. 4) B.E. 2551 (2008)
Condominium Act B.E. 2522 page 4 (5) Tools and utensils provided for mutual use or benefits. (6) Place provided for common services to the condominium (7) Other properties provided for mutual use or benefits. (8) 10 the office of the juristic person. (9) 11 immovable property that was procured or acquired under Section 48 (1). (10) 12 construction or systems constructed for security purposes, or to maintain a good environment in the condominium such as fire fighting equipment, lighting systems, ventilation, air-conditioning, drainage, wastewater treatment, or garbage disposal systems. (11) 13 properties maintained by the funds obtained under the provision of Section 18. Section 16 Common property which is immovable property shall neither be prosecuted for division in the enforcement of mortgage nor sold by auction separately from personal property. Section 17 The management and utilization of the common property shall be in accordance with this Act and Regulations. Section 17/1 14 In case that any commercial area is provided within the condominium premises, the access to such area must be arranged to be separate from normal residential access in order to not disturb the peaceful living of co-owners. No commercial trading shall be conducted in a condominium building except in the commercial area specified in paragraph one. Section 18 15 The co-owners shall jointly contribute payment toward the tax and duty costs in proportion to the ownership ratio to common property pursuant to Section 14; The co-owners shall jointly contribute monetary payment toward the costs and expenses arising from the purchase and maintenance of common tools, equipment and facilities made available for the common benefit and toward the cost of expenses arising from the maintenance of common properties in proportion to the benefit rendered to a housing unit prescribed under Section 14 or as specified in the condominium regulations. The owners of the land and building under the provision of Section 6 shall be the co-owners of the condominium units that have not had the ownership transferred to any other person and shall jointly contribute for the expenses described in paragraph one and paragraph two for the units so described. Section 18/1 16 In the case that a co-owner fails to make the payment required under the provision of Section 18 within the due date, a fine of non-compounded interest of 10% per annum shall be penalized on top of the overdue amount as prescribed in the condominium regulations. Co-owners who have payments overdue for the monetary payments required under Section 18 exceeding a six-month period shall be subject to a 20% per annum additional penalty and may risk having the supply of utilities stopped or may be prevented from accessing the common facilities as further prescribed in the condominium regulations. The penalties under paragraph one shall be regarded as an expense under Section 18. Section 19 17 Aliens and juristic persons regarded by law as aliens may hold ownership of an apartment if they are the following: (1) Aliens permitted to have residence in the Kingdom under the Immigration law; (2) Aliens permitted to enter into the Kingdom under the investment promotion law; 10 Added by Condominium Act (No. 4) B.E. 2551 (2008) 11 Added by Condominium Act (No. 4) B.E. 2551 (2008) 12 Added by Condominium Act (No. 4) B.E. 2551 (2008) 13 Added by Condominium Act (No. 4) B.E. 2551 (2008) 14 Added by Condominium Act (No. 4) B.E. 2551 (2008) 15 Added by Condominium Act (No. 4) B.E. 2551 (2008) 16 Added by Condominium Act (No. 4) B.E. 2551 (2008) 17 Amended by Condominium Act (No. 2) B.E. 2534 (1991)
Condominium Act B.E. 2522 page 5 (3) Juristic persons as provided in Section 97 and 98 of the Land Code and registered as juristic persons under Thai law; (4) Juristic persons which are aliens under the Announcement of the National Executive Council No. 281 dated November 24, B.E. 2515 and have obtained promotion certificate under investment promotion law; (5) 18 Aliens or juristic persons regarded by law as aliens who have brought in foreign currency into the Kingdom or withdraw money from Thai baht account of the person who have residence outside the Kingdom or withdraw money from a foreign currency account. Section 19 bis 19 Aliens or juristic persons stated in Section 19 may only have ownership in a condominium unit or units that does not exceed forty-nine percent of the total space of all units in that condominium at the time the condominium was registered under Section 6. Section 19 ter 20 In transferring of ownership of an apartment to an alien or juristic person as specified in Section 19 shall the applicant for transfer of ownership of apartment shall notify the Competent Official of the name of the alien or juristic person as specified in Section 19 together with the proportion of space of apartments already owned by such aliens or juristic persons, and the alien or juristic person who applies for holding the ownership of apartment shall present the following evidence to the Competent Official; (1) For the alien as specified in Section 19 (1), evidence of being permitted to have residence in the Kingdom under Immigration Law must be presented; (2) For the alien as specified in Section 19, the evidence of being permitted to enter the Kingdom under investment promotion law must be presented; (3) For the juristic person as specified in Section 19 (3), the evidence of being registered as the juristic person under Thai law must be presented; (4) For the juristic person as specified in Section 19 (4), the evidence of obtaining promotion certificate under investment promotion law must be presented; (5) 21 For juristic persons stipulated in Section 19 (5), they shall produce evidence of bringing in foreign currency into the Kingdom or evidence of withdrawal of money from Thai Baht account of the person who have residence outside the Kingdom or withdrawal of money from foreign currency account in the amount of not less than the price of the apartment to be purchased Section 19 quarter 22 the competent official shall receive the documents and evidences submitted according to Section 19 tri and verify them accordingly. If it is found that they are correct subject to the provisions of Section 19 tri and that the proportion of ownership in condominium units held by aliens or juristic persons under Section 19, who already had ownership in condominium unit or that are applying for receiving the transfer of the ownership of any other condominium units, does not exceed the proportion as allowed by Section 19 bis, then the competent officer shall proceed with the registration of rights and the juristic act concerning the condominium unit in accordance with Chapter 4 in favor of the alien or juristic person who is a transferee. Section 19 quinque 23 The alien or juristic person as provided in Section 19 shall dispose of apartment in the following cases: (1) 24 Aliens or juristic persons under Section 19 obtaining the condominium unit devolved upon them by statutory right or by will or by other means as the case may be, when added to the condominium units in that condominium that are already held by aliens or juristic persons under Section 19 exceeding the proportion as specified in Section 19 bis. (2) Where the permission to have residence in the Kingdom of the alien as specified in Section 19 (1) is revoked, or his residence certificate is no longer valid; 18 Amended by Condominium Act (No. 3), B.E. 2542 (1999) 19 Added by Condominium Act (No. 2), B.E. 2534 (1991), amended by Condominium Act (No. 3) B.E. 2542 (1999) and replaced by Condominium Act (No. 4) B.E. 2551 (2008) 20 Added by Condominium Act (No. 2), B.E. 2534 (1991) 21 Amended by Condominium Act (no. 3), B.E. 2542 (1999) 22 Added by Condominium Act (No. 2), B.E. 2534 (1991), amended by Condominium Act (No. 3) B.E. 2542 (1999) and replaced by Condominium Act (No. 4) B.E. 2551 (2008) 23 Added by Condominium Act (No. 2), B.E. 2534 (1991) 24 Added by Condominium Act (No. 2), B.E. 2534 (1991), amended by Condominium Act (No. 3) B.E. 2542 (1999) and replaced by Condominium Act (No. 4) B.E. 2551 (2008
Condominium Act B.E. 2522 page 6 (3) Where the alien as specified in Section 19 (1), (2) and (5) is deported out of the Kingdom, and has not received a relaxation or is not sent to earn a living any where instead of being deported; (4) Where the alien as specified in Section 19 (2) does not receive permission from the Board of Investment to stay in the Kingdom; (5) Where the promotion certificate of the juristic person as specified in Section 19 (4) is revoked. The alien or juristic person who is compelled to dispose of the apartment under the first paragraph shall notify in writing the Competent Official within the period of sixty days from the date the cause of such disposition occurred under the first paragraph. For the case of (1), only the apartments exceeding the designated proportion shall be disposed; for the case of (2), (3), (4) and (5), all the apartments owned shall be disposed. The disposition of apartments under the third paragraph shall be made within a period of not exceeding one year from the date of acquisition of ownership of such apartments, or the date of revocation of permission to have residence in the Kingdom, or the invalidation of the residence certificate or the date of being ordered deported or de the date of revocation by the Board of Investment of permission to stay in the Kingdom, or the date of revocation of promotion certificate as the case may be. If the disposition is not made within the said period, the Director-General of Land Department shall have the power to dispose of such apartment, and the provisions regarding the compulsion of disposition of land under Chapter 3 of the Land Code and the Ministerial Regulations issued thereunder shall be applied to the disposition of such apartment mutatis mutandis. Section 19 sex 25 Where the authorized official issues an order to revoke the permission for aliens to have residence in the Kingdom, or where the facts appear to the official that the residence certificate of the alien is no longer valid for the alien as specified in Section 19 (1), (2) or (5) out of the Kingdom, or issues an order revoking the permission for the alien as specified in Section 19 (2) for staying in the Kingdom, or issues an order revoking promotion certificate for the juristic person as specified in Section 19 (4), as the case may be, such official shall notify the Director-General of the Land Department within sixty days from the date of issue of the order or the date of knowing such facts. Section 19 septem 26 An alien or juristic person regarded by law as alien other than those specified in Section 19 who acquires an apartment by inheritance as statutory heir or legatee or otherwise, as such case may be, shall notify in writing the Competent Official within a period of sixty days from the date of acquisition of ownership of apartment, and shall dispose of such apartment within a period of not exceeding one year from the date of acquisition of ownership of apartment. If disposition is not made within said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis. Section 19 octo 27 Any person who acquired ownership of apartment while he had the Thai nationality, and subsequently loses Thai nationality due to surrender of Thai nationality, conversion of nationality or revocation of Thai nationality under national law, and is not alien as specified in Section 19, shall notify in writing the Competent Official of loss of Thai nationality and the inability to continue to hold ownership of apartment within a period of sixty days from the date of loss of Thai nationality, and shall dispose of all apartments owned by him within a period of not exceeding one year from the date of loss of Thai nationality. If disposition is not made within said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis. Section 19 novem 28 Any person who obtains an ownership in a condominium unit while having Thai nationality and subsequently loses it because of relinquishment, change or annulment of the Thai nationality in accordance with the nationality laws and consequently becomes an alien under Section 19 and if he wishes to continue to hold the ownership in the condominium unit, he shall have to notify in writing the competent official of the loss of his Thai nationality. He must also present evidence proving that he is an alien under Section 19 to the competent official within one hundred and eighty days from the date of the loss 25 Added by Condominium Act (No. 2), B.E. 2534 (1991) 26 Added by Condominium Act (No. 2), B.E. 2534 (1991) 27 Added by Condominium Act (No. 2), B.E. 2534 (1991) 28 Added by Condominium Act (No. 2), B.E. 2534 (1991), amended by Condominium Act (No. 3) B.E. 2542 (1999) and replaced by Condominium Act (No. 4) B.E. 2551 (2008
Condominium Act B.E. 2522 page 7 of his nationality. However, if the ownership in a condominium unit of that person exceeds the proportion as allowed by Section 19 bis, such person shall dispose of the excess unit(s) within one year from the date of the loss of his Thai nationality. If he failed to dispose of this property within the said time, the provisions of Section 19 quinque, paragraph four shall apply mutatis mutandis. If the alien under the first paragraph does not wish to continue to hold ownership of apartment, he shall notify in writing the Competent Official of the loss of Thai nationality within a period of sixty days from the date of loss of Thai nationality, and shall dispose of all apartments owned by him within a period of not exceeding one year from the date of loss of Thai nationality. If disposition is not made within the said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis. Section 19 decem 29 A juristic person which had Thai nationality and holds ownership of apartment, and subsequently the nature of such juristic person changes to become that regarded by law as an alien and is not a juristic person specified in Section 19, shall notify in writing the Competent Official of change of its nature and the inability to continue to hold ownership of apartment within a period of sixty days from the date of such change and shall dispose of all the apartments owned by it within a period of not exceeding one year from the date of such change. If disposition is not made within the said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis. Section 19 undecim 30 For juristic persons which is of Thai nationality and holds ownership of apartment, and subsequently the nature of such juristic person changes to become that regarded by law as an alien and may hold ownership of apartment as it is a juristic person as specified in Section 19, if it wishes to continue to hold ownership of apartment, it shall notify in writing the Competent Official of change of its nature shall submit evidences showing that it is an alien as specified in Section 19 to the Competent Official within one hundred and eighty days from the date of change. But if the ownership of apartments of such juristic person exceeds the proportion specified in Section 19 bis, it shall dispose of the apartments in excess of the proportion prescribed within a period of not exceeding one year from the date of such change. If disposition is not made within the said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis. If the juristic person under the first paragraph doe not wish to continue to hold ownership of apartment, it shall notify in writing the Competent Official of change of its nature within a period of sixty days from the date of such change and shall dispose of all apartment owned by it within a period of not exceeding one year from the date of such change. If disposition is not made within the said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis. Section 19 duodecim 31 (repealed) Section 19 tredecim 32 (repealed) CHAPTER 3: Apartment Title Deed Section 20 Upon acceptance of the registration of the condominium under Section 7, the Competent Official shall issue apartment title deed according to the plan of the condominium registered without delay. Registration of rights and juristic acts in connection with the apartment shall not be made until the registration of juristic condominium under Section 31 except the registration of the redemption of mortgage the Competent Official had made the record of such under Section 22 or the transfer of ownership of all the apartments to a single or several persons by holding ownership collectively. Section 21 The apartment title deed shall at least contain the following main particulars: (1) Position of the land and area of the land of the condominium. (2) Location, area and plan of the apartment showing the width, length and height. (3) Ratio of ownership of common property. 29 Added by Condominium Act (No. 2), B.E. 2534 (1991) 30 Added by Condominium Act (No. 2), B.E. 2534 (1991) 31 Added by Condominium Act (No. 2), B.E. 2534 (1991) and repealed by Condominium Act (No. 4) B.E. 2551 (2008 32 Added by Condominium Act (No. 2), B.E. 2534 (1991) and repealed by Condominium Act (No. 4) B.E. 2551 (2008
Condominium Act B.E. 2522 page 8 (4) Name and surname of the person having the ownership of the apartment. (5) Index for the registration of rights and juristic acts. (6) Signature of the Competent Official. (7) Position seal of the Competent Official. The Apartment title deed shall be made in duplicate, one copy shall be for the person having the ownership of the apartment while the other copy shall be retained at the Office of the Competent Official. With regard to the copy retained at the Office of the Competent Official, it may be a photocopy. In this case it shall be signed by the Competent Official and affixed with the official seal as well. From, basis and methods in the issuance of apartment title deed including the substitute thereof shall be as prescribed by the Ministerial Regulations. Section 22 In the event the immovable property under Section 15 (1) or (2) is under mortgage prior to the registration of condominium but the mortgagee had given the consent to register the condominium under Section 7, third paragraph, when issuing the apartment title deed, Competent Official shall mention the applicant to have the ownership of the apartment and record the said mortgage in every apartment title deed together with the amount of money the mortgagee will receive payments of debt from each apartment by computing the said amount of money according to ratio of the ownership in the common property in the index for registration as well. After having issued the apartment title deed under the first paragraph, it shall be regarded that each apartment is a guarantee of debt on mortgage specifically on the specified in the said apartment title deed. Section 23 In the case where the Competent Official has duly entered the mortgage of immovable property in the apartment title deed under Section 22; the sale of each apartment for the first time by the person applied for registration of condominium who is the owner in apartment title deed, the transferee of ownership of the apartment shall receive the transfer free of mortgage encumbrance. Section 24 If it appears that the issuance of apartment title deed, the registration of rights and juristic act in connection with the apartment or the entry in the index for registration is inaccurate or unlawful, the Competent Official shall have the power to withdraw or make amendment, whichever the case may be. The Competent Official shall have the power to make inquiries and call for the apartment title deed, documents registering the rights and juristic acts, document registering the entry in the index for registration or other relevant documents for consideration, but prior to the withdrawal or amendment, the Competent Official shall give notice to the persons concerned not less than fifteen days in advance for any protest. If there is no protest within thirty days from the date of receipt of the notice, it shall be regarded that there is no protest. In case the Competent Official is unable to call for the apartment title deed for action, the Competent Official shall have the power to issue a substitute of the apartment title deed. Once the Competent Official with the power under the first paragraph having made any decision, such shall be carried out accordingly. In the case of the final judgment or order of the Court to withdraw or make amendment in whatever manner, the Competent Official shall do so accordingly to the judgment or order of the Court. Section 25 In the case of loss or damage of the apartment title deed in the main substance, the owner may apply for the substitute of the said apartment title deed. Section 26 In the event of the issuance of the substitute of the apartment title deed under Section 24 or Section 25, the original apartment title deed shall be cancelled unless the Court will issue order otherwise. Section 27 In case where the copy of the apartment title deed retained at the Office of the Competent Official is lost or damaged in the main substance, the Competent Official shall have the power to call for the copy of the owner of the apartment title deed for consideration and make a new copy with the use of original evidence. CHAPTER 4: Registration of Rights and Juristic Acts Section 28 The Competent Official under this act shall be the Competent Official registering the rights and juristic acts in connection with the apartment.
Condominium Act B.E. 2522 page 9 Section 29 33 Any person who wishes to register the rights and legal transactions under this Act shall bring the housing unit document of title to the Land Office for registration. In the case of an application for registration of rights and legal transaction of transferring an housing unit ownership, the applicant shall bring along also a certificate of debts caused by the expenses under Section 18 from the Manager of the concerned condominium for submission to the Land Office, who shall proceed to register the rights and legal transactions after such debts have been completely repaid. The Manager shall issue the Debt Certificate to the co-owner within fifteen days from the date of request and all outstanding expense debts incurred under Section 18 have been repaid. The provision in paragraph two shall not apply to the case where the registration of rights and the legal transaction of transferring a housing unit ownership have been done prior to the registration of the condominium. Section 30 The provisions of the Land Code Chapter VI, Registration of Rights and Juristic Acts and Ministerial Regulations under the said Act shall apply to the registration of rights and juristic acts relevant to the apartment mutatis mutandis. CHAPTER 5 Juristic Condominium Section 31 The transfer of rights in the apartment to any person without transferring the entire ownership in the apartment in the condominium to one or several persons holding the rights jointly shall be made only upon the transferor and the transferee of rights in the said apartment filing the application for the transfer of rights in the apartment together with the application for the registration of juristic condominium with the copy of the Regulations and evidence in the registration of condominium to the Competent Official. Upon finding it correct, the Competent Official shall register the transfer of rights in the apartment to the transferee and register the juristic condominium under the first paragraph simultaneously and publish it in the Government Gazette. The application and the registration of juristic condominium shall be in accordance with the basis and procedures prescribed in the Ministerial Regulations. The provisions in the first paragraph shall not be enforced to the transfer of rights in the apartment after the registration of juristic condominium. Section 32 34 The condominium regulations shall comprise at least the following essence: (1) the name of the juristic private, commonly-owned housing, which must be immediately followed by "Juristic private, commonly-owned housing"; (2) the objectives pursuant to Section 33; (3) the location of the juristic private, commonly-owned housing which must be located within the condominium premises; (4) the amount of expenses of the juristic private, commonly-owned housing to be contributed by the coowners in advance; (5) the management of common property; (6) the use of private property and common property; (7) the ratio of ownership in common property by the owner of each housing unit according to the application for registration of the private, commonly-owned housing; (8) the ratio to the joint expenses of the co-owners pursuant to Section 18; (9) other information as prescribed in the Ministerial Regulation. Any corrections or additions of the registered regulations shall be complete only after it has been resolved by the general meeting of co-owners and must be submitted by the juristic person manager to the competent officer for registration within 30 days from the date of resolution. 33 Replaced by Condominium Act (No. 4) B.E. 2551 (2008 34 Replaced by Condominium Act (No. 4) B.E. 2551 (2008)
Condominium Act B.E. 2522 page 10 Should the competent officer consider that such correction or addition of the regulations is not against the laws, the officer shall accept the correction or addition for registration. Section 33 Juristic condominium duly registered under Section 31 shall have the status as a juristic person. Juristic condominium shall have the objectives to manage and maintain the common property with the power to do any acts for the benefits of the said objectives. However, it shall be in accordance with the resolution of joint-owners under the provisions of this Act. Section 34 In the event certain part of the condominium being expropriated under the law governing expropriation of immovable property, the joint-owners whose apartments have been expropriated shall have no right in the common property remains from the expropriated. In this instance, the juristic condominium shall arrange for the joint-owners whose apartments have not been expropriated jointly indemnify the price to the joint-owners whose rights extinct. However, it shall be according to the ratio of each joint-owner is entitled to the common property. For the purpose of indemnify the price to the joint-owners whose rights extinct under the first paragraph, it shall be regarded that the debt indemnifying the said price has preferential rights over the personal property of the owners whose apartments have not have been expropriated similarly to the expenses under Section 18, the second paragraph. Section 35 The juristic condominium shall have one manager who may be an ordinary person or a juristic person. In the case where the manager is a juristic person, such juristic person shall appoint an ordinary person to be the person acting for the juristic person in the capacity as the manager. Section 35/1 35 The manager must be at least 25 years of age and have none of the following disqualifications: (1) has been adjudged bankrupt; (2) has been adjudged incompetent or a quasi-incompetent person; (3) has been dismissed or removed from a government office, or private organization for being dishonest; (4) has been imprisoned except for a minor offense or a negligent offense; (5) have been dismissed as a juristic person manager for dishonesty or corruption or defaming behavior or for bad morals; (6) be a person with outstanding debts under provision of Section 18. In case that the manager is a juristic person, the person representing the juristic person must possess the same qualifications and have no disqualifications prescribed in the first paragraph. Section 35/2 36 The appointment of the Manager shall be done at a general meeting under Section 49 and the appointed Manager shall register his appointment as the Manager with the Land Office within 30 days from the date of general meeting. Supporting documents for registration shall include the evidence of appointment or the employment contract. Section 35/3 37 The Manager shall be terminated for any of the following causes: (1) death (natural person) or termination of business (juristic person); (2) resignation; (3) contracted term expires; (4) lack of required qualifications or has disqualifications prescribed under Section 35/1; (5) violating this Condominium Act or Ministerial Regulation issued by the virtue of this Condominium Act or violating the employment contract and is dismissed at a general meeting under the provisions of Section 49; (6) dismissed at a general meeting. 35 Added by Condominium Act (No. 4) B.E. 2551 (2008) 36 Added by Condominium Act (No. 4) B.E. 2551 (2008) 37 Added by Condominium Act (No. 4) B.E. 2551 (2008)
Condominium Act B.E. 2522 page 11 Section 36 38 The Manager shall have the power and duty as follows: (1) to conduct activities in accordance with the objectives under Section 33 or the regulations, or the resolution of the meeting of the co-owners or the Committee, however, not to be Inconsistent with the laws; (2) In the case of a pressing necessity, the Manager shall have the power to initiate activities for the safety of the building in such manner that a responsible person may maintain and manage his own property; (3) to provide security and peaceful order within the condominium; (4) to act as the representative of the juristic private, commonly-owned housing; (5) to provide monthly income and expense reports and to post them on a bulletin board within 15 days after the end of each month. Notice on the bulletin board must be post for at least 15 consecutive days; (6) to take legal action against co-owners who has overdue payment exceeding 6 months; (7) to perform other duties as prescribed in the Ministerial Regulations. The Manager shall himself carry out his duties, except the activities that the rules or the resolution of the coowners at a general meeting pursuant to Section 49(2) specifies to be carried out by another person or persons on his behalf. Section 37 39 The Management committee comprising not less than three and not more than nine members shall be appointed by the resolution at a general meeting. The appointed committee has a two-year term. If any committee member vacates the office before the end of the term, or if there is an appointment of another committee member to replace any committee member, the newly appointed person shall hold the office for the remaining term of the replaced committee member. After the committee completes the term stated in paragraph 2 and a new committee has not been appointed, the retired committee shall be the acting committee until the new committee is appointed. A committee may be reelected to be the committee for a second term, but shall not be entitled to be the committee longer than two consecutive terms except when no replacement can be recruited. Appointment of the committee shall be submitted for registration by the Manager within thirty days after the resolution is approved at a general meeting of co-owners Section 37/1 40 The following persons shall be eligible for appointment as the committee members: (1) the co-owners or spouses of the co-owners; (2) the lawful representative, the supporter or guardian in the case that a co-owner is a minor, an incompetent or quasi-incompetent person, as the case may be; (3) one person as the representative of a juristic person in the case that the juristic person is a co-owner. In the case that the condominium unit is jointly owned by many co-owners, only one co-owner shall be entitled to be elected to the committee. Section 37/2 41 Persons of the following qualifications shall not be qualified to be elected to the committee: (1) a minor person or an incompetent or quasi-incompetent person; (2) has been dismissed from the committee position or manager position at a general meeting due to dishonesty or bad behavior or bad morale behavior; (3) has been dismissed or removed from government offices, or a private organization for being dishonest; (4) has been imprisoned except for a minor offense or a negligent offense; Section 37/3 42 In addition to be retired on rotation, the committee may be retired for the following reasons: (1) death; 38 Replaced by Condominium Act (No. 4) B.E. 2551 (2008) 39 Replaced by Condominium Act (No. 4) B.E. 2551 (2008) 40 Added by Condominium Act (No. 4) B.E. 2551 (2008) 41 Added by Condominium Act (No. 4) B.E. 2551 (2008) 42 Added by Condominium Act (No. 4) B.E. 2551 (2008)
Condominium Act B.E. 2522 page 12 (2) resignation; (3) is no longer a person under Section 37/1 or has a disqualification under Section 37/2; (4) is dismissed at a general meeting in accordance with Section 44. Section 37/4 43 One of the committee members shall be appointed to chair the meeting, and another member may be appointed as the vice chairperson. Section 37/5 44 Committee meetings shall be called by the chairperson. In the case that two or more of the committee members request a committee meeting, the chairperson shall fix the meeting schedule within 7 days from the date of the request. Section 37/6 45 A quorum for a committee meeting shall be consist of at least one-half of the committee members. If the chairperson cannot be present at the meeting or is unable to perform his duty, the vice chairperson shall become the chairperson of the meeting. In case that the vice chairperson is not available or is unable to perform his duty, one of the present committee shall be appointed to be the chairperson of the meeting. A resolution of the committee must approved by a majority of committee members present for which one member shall have one vote. In the case of a tie in the voting, the chairperson shall have an additional vote. Section 38 46 The committee shall retain the authority and duty as follows: (1) to control the management of the condominium juristic person; (2) to appoint one committee member to be the juristic person Manager in case the elected Manager is not available or the Manager is unable to perform his duty for over seven days; (3) to convene a committee meeting at least once every six months; (4) to perform other duties as prescribed in the Ministerial Regulations. Section 38/1 47 The balance sheet for a period of twelve months shall be presented by the juristic person condominium and it is regarded as a fiscal year period for accounting purposes. The balance sheet referred to in paragraph 1 shall contain the total of assets and liabilities of the condominium and the profit and loss statement of accounts. These statements must be inspected by certified auditor and to be presented at a general meeting for approval within 120 days from the account-closing date. Section 38/2 48 The juristic person condominium shall present the annual performance report at a general meeting together with the balance sheet. The copy of such report and the balance sheet shall be delivered to co-owners at least seven days before the schedules general meeting. Section 38/3 49 The annual performance report, balance sheet and condominium regulations must be kept for official and co-owners inspection at the juristic person office. The annual performance report and balance sheet referred in paragraph 1 must be kept for reference for at least ten years from the date of approval obtained at a general meeting. Section 39 The juristic condominium may exercise the right of joint-owner covering all the common property in defending outside persons or demanding the return of property for the benefit of all joint-owners. Section 40 Joint-owners shall pay money to the juristic condominium for the carrying out of the business of juristic condominium as follows: (1) Expenses of juristic condominium which the owner of each apartment shall pay in advance. (2) Fund upon starting to do anything under the Regulations or under the resolution of the general meeting. 43 Added by Condominium Act (No. 4) B.E. 2551 (2008) 44 Added by Condominium Act (No. 4) B.E. 2551 (2008) 45 Added by Condominium Act (No. 4) B.E. 2551 (2008) 46 Replaced by Condominium Act (No. 4) B.E. 2551 (2008) 47 Added by Condominium Act (No. 4) B.E. 2551 (2008) 48 Added by Condominium Act (No. 4) B.E. 2551 (2008) 49 Added by Condominium Act (No. 4) B.E. 2551 (2008)
Condominium Act B.E. 2522 page 13 (3) Other monies for the carrying out of the resolution of the general meeting under the conditions prescribed by the general meeting. Section 41 For the purpose in the enforcement of settlement of debts arising from the expenses under Section 18, the juristic condominium shall have the preferential rights as follows: (1) Preferential rights in connection with the expenses under Section 18, first paragraph shall be regarded as preferential rights of the same nature as the preferential rights under Section 259 (1) of the Civil and Commercial Code and over the movable property the owner of the said apartment brought into his apartment. (2) Preferential rights concerning the expenses under Section 18, second paragraph shall be regarded as preferential rights of the same nature as the preferential rights under Section 273 (1) of the Civil and Commercial Code and over the personal property of each owner of the apartment. Preferential rights under (2), if the manager has duly submitted the description of debt to the Competent Official, it shall be regarded a priority to the mortgage. Section 42 50 The Manager shall convene a general meeting which is the first general meeting for co-owners within six months from the date of the registration of the condominium, to approve the condominium regulations and the registered Manager according to the application for the registration of the condominium. If the general meeting does not consent with the regulations or the Manager as prescribed in paragraph 1, the general meeting shall correct or amend the regulations and/or dismiss the proposed Manager and appoint a new Manager. Section 42/1 51 The first general meeting for co-owners shall be organized by the committee within 120 days from the fiscal account closing- date for consideration of the following: (1) the balance sheet; (2) the annual performance report; (3) the appointment of the independent auditor; (4) other matters Section 42/2 52 In case of necessity, the following persons have the right to call an extraordinary general meeting at any given time: (1) the Manager; (2) the Committee by a majority vote of its members at a Committee Meeting; (3) co-owners that hold not less than 20% of the total votes who jointly sign a written request to the committee to organize an extraordinary meeting. The committee shall organize the meeting within fifteen days from the date of receiving the written request. If the committee fails to organize such meeting, the referenced co-owners have the right to convene the meeting thereof and to appointment one of its members in the group to release the meeting invitation. Section 42/3 53 Calling a general meeting shall be made by sending out a Notice for the General Meeting specifying the meeting location, date and time and the meeting agenda as well as the details of matters to be presented in the meeting that shall be sent to co-owners at least seven days before the meeting date. Section 43 54 A general meeting shall be attended by at least one-fourth of the members who have the right to vote of the total number of the qualified members in order to constitute a quorum. If the co-owners do not attend the meeting in the number to constitute a quorum pursuant to paragraph one, another general meeting shall be announced and held within fifteen days from the published date of the previous meeting. For this new meeting the constitution of a quorum shall be irrelevant. The Manager and the marriage party of the Manager shall not preside over the meeting. 50 Replaced by Condominium Act (No. 4) B.E. 2551 (2008) 51 Added by Condominium Act (No. 4) B.E. 2551 (2008) 52 Added by Condominium Act (No. 4) B.E. 2551 (2008) 53 Added by Condominium Act (No. 4) B.E. 2551 (2008) 54 Replaced by Condominium Act (No. 4) B.E. 2551 (2008)