Condominium Juristic Person
Condominium Juristic Person
Condominium Juristic Person means a juristic person registered under the Condominium Act B.E.2522. The registration of a condominium juristic person must be registered with the competent authority of the Department of Land, Ministry of Interior at the Provincial Office or the Local branch office where the building is located.
When the condominium juristic person is registered, the condominium juristic person shall have the same status as the juristic person under the law, having the same rights and duties as a natural person, unless the conditions do not open the door for action. However, it must take any action within the scope of the objectives prescribed by the condominium law and regulations.
The purpose of a Condominium Juristic Person is to manage and maintain common property and to have any authority for the benefit of the purpose. According to the resolution of the co-owner under the provisions of this Act.
In addition to the purposes as stipulated by law, the law also gives the Condominium Juristic Person the opportunity to determine the purpose of conducting any business for the benefit of maintaining the common property.
This may be in accordance with the resolution of the general meeting of joint owners or may be specified in the regulations that have been submitted for registration or amendments. The amended regulations must be submitted for registration to the Land Department officials.
The Condominium Act stipulates that the existence of a condominium juristic person is for the benefit of maintaining common property and acting on behalf of co-owners to claim the rights and benefits of all co-owners.
In addition, the Condominium Law mandates the issuance of expenses for the presence of a juristic person in Section 40 by requiring the co-owner to make payments to the juristic person representing the maintenance of the condominium on behalf of the resident in order to use such funds in the business within the condominium.
The operator of the juristic person, namely the juristic person manager, who may be an individual or juristic person, hired with the resident’s money to act as a substitute for all co-owners in the custody of the property in the middle and acting in accordance with the objectives of the Condominium Act, the issuance of rules, regulations, interim or other additional rules and regulations, in general, the organization of various safety systems, the employment of security companies in maintaining the safety and monitoring of persons entering and leaving the condominium area.
In order for the management to be effective, condominium regulations must be established to establish rules governing the use of personal property by each co-owner.
Condo owner rights
The owner of the apartment has ownership of personal property owned by him/her and joint ownership of common property. The common property that the co-owner has in common ownership is the portion of the non-unit condominium, the land on which the condominium is located, and the land or other property intended for use or mutual benefit for the co-owner as follows:
1. Land where the condominium is located
2. Land intended for common use or benefit
3. Structures and constructions for stability and to prevent damage to the building.
4. Buildings or parts of buildings and equipment intended for use or mutual benefit.
5 . Shared utensils
6. Places intended to provide communal services to the condominium
7. Other property intended for use or mutual benefit
The right to use common property
Ownership of a condominium consists of ownership of personal property and joint ownership of common property. Ownership of a condominium property gives the person both rights and duties simultaneously. That is, in addition to having exclusive ownership of personal property, it also shares rights to common property. And joint ownership of this common property inevitably gives the person a duty to the common property.
The main duty of the person to the common property is to pay for the cost of maintaining the building as a whole, such as the cost of painting the building, the cost of repairing the elevator, the cost of water used to cover the trees in the garden, and the cost of electricity in the corridor, etc.
The owner of a unit in the condominium shall have total ownership of the floor of the unit, the partition walls between the units. The owner of the unit shall take any action on his/her personal property, affecting the structure, security, prevention of damage to the building or any other action as prescribed in the regulations.
Private Property
The management and use of the unit is the right of the co-owner or the person to whom the co-owner has authorized or entrusted the use of the unit, which will be under the responsibility of the co-owner. And under the rules, the co-owner must pay personal expenses at the actual rate as follows:
1. Water and meter repair costs in front of the apartment
2. Telephone bills, service and repair fees for the machine
3. Fee for cleaning or watering plants in the apartment
4. Other expenses according to the resolution of the general meeting or the resolution of the board of directors meeting and or the juristic person manager.
Reference: www.dol.go.th