New Condominium Law
This is an update to all our readers. Last year the Thai Government enacted a new Condominium Law which is retroactive to the 5th July 2007. The former Condominium Law was actively in force for the past 30 years but was out of date and the new law is seen as a necessity to solve many existing problems between owners and the juristic person of condominiums.
The purpose of this newly enacted Condominium Law is to provide protection to all condominium owners from the juristic person who have tended to take advantage of them.
For example, common problems are:
Unfair communal service charge.
Most of the time the owners are required to pay more than they should while, at the same time, the management or the juristic person have refused to show the actual income and expenses of the condominium to all owners. Meanwhile, some of the communal areas of the condominium may have been put to commercial use for the benefit of the juristic person and not for the owners.
In addition, some owners have refused to pay the service charge due to additional construction or amendments which are not designated in original plans or layout, which is a violation of the Condominium Act. These problems are obstacles preventing both the owners and the juristic person from managing the condominium in a proper manner.
Another important factor is the obligation for the juristic person of all condominiums to hold an Annual General Meeting, and to call for an Extraordinary Meeting when necessary. The juristic person has often regarded the meeting as a minor matter and neglected to inform all the owners. Therefore, the meetings have usually failed as the required quorum was not reached. The new Condominium Law allows for a lower number of members to provide the necessary quorum.
