Section Code: 0031 - 0036
B.E. 2522 (1979) as amended 2008
Chapter 5: Juristic Condominium
Section 31. Transfer of Rights of an Apartment
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.
Section 32. Regulations of a Juristic Condominium
The Regulations shall at least contain the following main particulars:
- Name of juristic condominium shall contain the words ‘juristic condominium' as well
- Objectives under Section 33
- Location of office of juristic condominium
- Amount of expenses of juristic condominium the joint-owners shall have to pay in advance.
- Management of common property
- The use of personal property and common property,
- Ratio of the freehold in common property which each unit joint owner has as specified in condominium registration application,
- Expense ratio where the payment is shared by joint owners in accordance with Section 18,
- Other statements prescribed under Ministerial Regulation.
An alteration on or an addition to the Regulations which has already been registered can be made only by the resolution of the Joint Owner General Meeting and the Manager shall register such alteration or addition with the competent official within thirty days from the date on which the Joint Owner General Meeting has passed such resolution.
In the case where the competent official is of the view that such alteration or addition is not contradictory to the law, the competent official shall then register such alteration or addition thereof.
Section 33. Registered Juristic Condominium
Juristic condominium duly registered shall have the status as a juristic person and 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. Partial Expropriation of Part of Immovable Property
In the event, a 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. One Manager of Juristic Condominium
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. Prohibitions for Assignment of Manager
The Manager shall not be less than full twenty-five years old and shall not possess the following prohibitions:
- Being bankrupt
- An incompetent or quasi-incompetent person,
- Used to be dismissed, removed or discharged from government service, government or private organization or agency on charge of misfeasance,
- Used to be imprisoned by final judgment except an offence committed through negligence or petty offence,
- Used to be removed from the capacity of a manager because of corruption or his conduct is detrimental or defective on morality.
- Having unpaid debt being the expenses under Section 18.
In the case where the Manager is a juristic person, the person acting on behalf such juristic person in the capacity of a manager shall as well have the qualifications and shall not possess the prohibitions described under paragraph one.
Section 35/2. Appointment of Manager
The appointment of the Manager shall be in concordance with the resolution of the Joint Owner General Meeting in accordance with Section 49 and the Manager so appointed shall bring the evidences or Employment Agreement to the competent official for registration within thirty days from the date on with the Joint Owner General Meeting has passed the resolution.
Section 35/3. The Manager vacates office upon
- Death or the status of being a juristic person has come to an end,
- The period prescribed under Employment Agreement has come to an end,
- Disqualification or possessing prohibitions set forth under Section 35/1,
- Failure to comply with the provisions under this Act or Ministerial Regulation issued under this Act or failure to comply with a condition set forth under the Employment Agreement and that the Joint Owner General Meeting has passed a resolution for removal in accordance with Section 49.
- The Joint Owner General Meeting has passed a resolution on the removal.
Section 36. The manager shall have the following powers and duties:
- To carry out the work according to the objectives under Section 33 or resolution of the Regulations or resolution of the joint-owners General Meeting, however it shall not be contradictory to the law.
- In the case of necessity and urgency, the Manager shall have the power by his own initiative to carry out the business for the safety of the building as a prudent person should do to his own property.
- Providing security operations or taking actions in maintaining peace and order within the condominium.
- Acting as a representative of the condominium corporate.
- Arranging to have a monthly Receipt and Expenditure Account prepared and post it on the Bulletin Board to inform the joint owners within fifteen days from the end of the month and that such relevant Announcement shall be posted at least for a consecutive period of fifteen days.
- Suing for compulsory performance from a joint owner for overdue payment of expenses under Section 18 in excess of six months and over.
- Other duties prescribed under Ministerial Regulation.
The Manager shall perform his duties by own self except the business by the Regulations or the resolution of the Joint Owner General Meeting in accordance with Section 49 (2) prescribing that the other person can be assigned to work on his behalf and that the person so assigned shall be present to perform duties in accordance with time set forth under the Regulations.