Thailand Law Library

by Thailand Lawyer

Chapter 6: Revocation of Condominium

The condominium already registered may be revoked upon any of the following reasons

1. In the case where registration of juristic condominium has not yet been made, the applicant for registration of condominium or the transferee of ownership of all the apartments in the condominium, whichever the case may be, request for the revocation of condominium.
2. Joint-owners adopt the resolution unanimously to revoke the condominium.
3. The entire of the condominium being damaged and joint owners adopt the resolution not to build that building anew.
4. The whole of the condominium has been expropriated under the law governing the expropriation of immovable property.

In case the condominium being revoked because of the reason under Section 51 (1), the applicant for revocation shall file the application for revocation of the condominium in the form prescribed by the Minister to the Competent Official.

Upon the Competent Official having considered it in good order, the Competent Official shall register the revocation of the condominium and publish the registration of the revocation of the said condominium in the Government Gazette.

Once the registration of the revocation of the condominium under this Section has been executed, the provisions in Section 54 and Section 55 shall apply mutatis mutandis.

In the case where the condominium was revoked because of the reason under Section 51 (2) or (3), the Manager of the juristic condominium shall file the application for registration of the revocation of the condominium in the form prescribed by the Minister to the Competent Official together with the apartment title deed and copy of the minutes of meeting of joint-owners with resolution to revoke the said condominium or the resolution not to construct the said condominium anew and the Manager of the juristic condominium shall sign certifying correct copy, whichever the case may be, within thirty days from the day the meeting of joint-owners adopt the said resolution.

Upon the Competent Official considers that it is in good order, the registration of the revocation of the condominium shall be accepted and the registration of the revocation of the said condominium shall be published in the Government Gazette.

Once the registration of the revocation of the condominium under Section 52 or Section 53 had been completed, the apartment title deed of the said condominium shall be revoked and the Competent Official shall make a remark of the revocation in the copy of the owner of the apartment and the copy retained at the Office of the Competent Official.

The Competent Official shall have the power to issue written notice for the return of the copy of the owner of the revoked apartment from the owner or the person in possession for carrying out under the first paragraph and the owner of the apartment or the person in possession shall send the apartment title deed to the Competent Official within thirty days from the date of receipt of written notice.

The Competent Official shall send the copy of the condominium title deed of the revoked apartment retained at the office of the Competent Official with the remark of revocation under Section 54 together with the copy of the application for registration of the revocation of the condominium to the Land Competent Official to make entry in the index for registration of the original land title deed showing the names of joint-owners as appeared in the application for registration of the revocation of the condominium as collective ownership at the ration each joint-owner has the ownership in the common property together with the details of obligation as appeared in the said apartment title deed.

When the Land Competent Official has duly made the entry in the land title deed under the first paragraph, such land shall be no more subject to the provisions of this Act and the Land Competent Official shall return the said land title deed to the owner.

* An alien or a juristic person as specified in Section 19 whose name appears as an owner on land title deed, as a result of registration of dissolution of condominium under the first paragraph, shall dispose of his portion of land within a period not exceeding one year from the date of registration of dissolution of condominium. If disposition is not made within the said period, the provisions of the fourth paragraph of Section 19-5 shall apply mutatis mutandis.

In the event the condominium being revoked because of the reason under Section 51 (4), the apartment title deed shall be revoked and the Competent Official shall register the revocation of the condominium and publish the registration of revocation of the said condominium in the Government Gazette.

In the case of the first paragraph, the entry in the index for registration of the apartment title deed of the apartment and of the original land title deed shall be executed as prescribed in the Ministerial Regulations.

When there is registration of revocation of condominium, the juristic condominium shall be dissolved and the meeting of joint-owners shall appoint a liquidator within fourteen days from the date of registration of the dissolution of the condominium.

The liquidator shall have the power to dispose of the common property which is movable property unless the meeting of joint-owners will adopt a resolution otherwise.

The provisions of the Civil and Commercial Code, Title XXII, Partnerships and Companies, Chapter V, Liquidation of Registered Partnerships, Limited Partnerships and Limited Companies, shall apply in the liquidation of juristic condominium mutatis mutandis.

Upon completion of the liquidation, should there be property still remaining, such shall be divided to joint-owners according to the ratio each joint-owner has the ownership in the common property in the Government Gazette.