Section Code: 0045 - 0048

The Land Development Act,
B.E. 2543 (2000)

Chapter IV: Maintenance of Public Facilities and Public Services

Section 45

In establishing a developed-estate juristic entity, purchasers of developed land of not less than one-half of sub-lots in the map under the project shall pass a resolution for such purpose and shall appoint a representative who shall submit to the Changwad Land Official or the Branch Changwad Land Official an application for the registration thereof together with the articles of association containing particulars as prescribed in the Ministerial Regulation. For this purpose, the following particulars must, at the minimum, be included:

  1. the name of the developed-estate juristic entity;
  2. the objects;
  3. the place of business;
  4. the stipulations regarding the number of executive members, the election, the term of office, the vacation of office and the meeting of the developed-estate executive committee;
  5. the stipulations regarding the operation, accounting and finance;
  6. the stipulations regarding rights and duties of members;
  7. the stipulations regarding the general meeting.

The application for the establishment, merger, dissolution and management of the developed-estate juristic entity shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.

Section 46

The developed-estate juristic entity which is registered shall be ascribed the status of a juristic person.

The developed-estate juristic entity shall have the developed-estate executive committee for managing its operation in accordance with the law and articles of association applicable to it under the supervision of the general meeting of the members.

The developed-estate executive committee shall be the representative of the developed-estate juristic entity in the acts vis-a-vis third persons.

Section 47

When the developed-estate juristic entity is established under section 45, all purchasers of the developed land shall be its members.

In the case where there is a sub-lot which has not yet been bought or which is transferred back to the land developer, the land developer shall be the member of the developed-estate juristic entity.

Section 48

In the interest of purchasers of the developed land, the developed-estate juristic entity shall have the powers and duties as follows:

  1. to prescribe the regulation with regard to the use of public facilities;
  2. to prescribe the regulation with regard to the habitation and traffic within the developed land;
  3. to levy from members fee for the maintenance and management of public facilities which are within the developed-estate juristic entity’s duty to maintain;
  4. to lodge a complaint or to institute an action on behalf of members in the case where it involves the rights or interest of at least ten members;
  5. to provide public services for the welfare of members or to allocate money or property for public interest;
  6. to carry out any other act in the implementation of the Ministerial Regulations, Rules of the Central Land Development Commission or regulations of the Commission issued by virtue of this Act.

The acts under (1), (2), and (5) must be approved by a resolution of the general meeting of members.