Thailand Law Library

by Thailand Lawyer

Chapter 2: Ownership of Apartment

The ownership of the apartment is indivisible.

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 affect the frame structure, stability, the prevention of damages to the building or others as prescribed in the Regulations.

Ownership on the part of joint-ownership in common property shall be according to ratio of the price of each apartment and the total price of all apartments at the time of application for registration of condominium under section 6.

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;
5. Machines and tools provided for mutual use or benefits;
6. Facilities and services provided for common use to the condominium;
7. Other properties provided for mutual use or benefits;
8. Office of the condominium juristic person;
9. Immovable property bought or acquired under Section 48 (1);
10. Structures or systems built for security operations or environmental condition conservation within the condominium: such as; fire hazard preventive system, lighting, air ventilation, air-conditioning, water drainage, waste water treatment or refuse and waste disposal.
11. Property which the money is used in accordance with Section 18 in looking after and maintenance

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.

In the case where a space in the condominium is set aside as a place to carry out the business, the system on entering and exiting such area shall be specifically set up in order to prevent the disturbance on the peaceful enjoyment of the joint owners.

No person shall be permitted to engage in any trade transactions in the condominium except it is a trade transaction in the area of the condominium designated in accordance with paragraph one.

Joint owners shall jointly share the payments of expenses on tax and duty in accordance with the ratio of the freehold in common property under Section 14, by each joint owner.

Joint owners shall jointly share the payments of expenses incurred as a result of providing common services as well as equipment, appliances and facilities having for common utilizations and the expenses incurred as a result of the looking after, maintenance and operations of common property in accordance with the ratio of the freehold in common property under Section 14, by each joint owner or in accordance with the portion of the advantage upon the unit provided, however, that this shall be in accordance with the requirements set forth under the Regulations.

A person with freehold in the land and building under Section 6 shall be the joint owner of the unit which the ownership in it has not yet been transferred to any person and shall jointly share the payments of the expenses under paragraph one and paragraph two for such particular unit, as well.

In the case where a joint owner fails to make payments set forth under Section 18 with the prescribed time, such joint owner shall pay surcharge at the rate not exceeding twelve percent (12%) per year of the amount unpaid without compound interest charging provided, however, that this shall be in accordance with the requirements set forth under the Bylaws.

A joint owner with an amount in arrears under Section 18 from six months and upwards shall pay surcharge at the rate not exceeding twenty percent (20%) per year and may be suspended from receiving common services or using common property as set forth under the By-laws including the non-existence of the right to vote in the General Meeting.

The surcharge under paragraph one shall be deemed as the expenses under Section 18.