Legal Issues Concerning the Housing Estate Juristic Person Fund under the Land Allocation Act, B.E. 2543
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Abstract
Since the Land Allocation Act, B.E. 2543, came into force, certain provisions and details have proven impractical in application and insufficient to protect residents who are members of housing estate juristic person. A critical issue concerns the housing estate juristic person fund, which serves as a legal mechanism for budget management to ensure continuous provision of public services and maintenance of common utilities within housing estates. Legal ambiguity regarding the fund creates legal gaps in management, potentially leading to expenditure without clear guidelines and undermining effective enforcement. The Act does not explicitly define a clear legal basis for such a fund, which adversely affects the community rights of both the housing estate juristic person committee and its members.
Therefore, this article proposes amending the Land Allocation Act, B.E. 2543, to clearly establish the "housing estate juristic person fund" at the community level with explicit legal status and defined operational criteria. Additionally, the amendment should require land developers to allocate sufficient initial capital to the fund to ensure adequate funding for future public services in housing estates. Furthermore, the proposal includes establishing a "Support Fund for Housing Estate Juristic Persons" as a legal mechanism for collaboration between government agencies and housing estate juristic persons facing revenue constraints. These amendments would enhance legal clarity, strengthen fund management, and better protect the rights and interests of housing estate communities.
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References
Apichon Chantrasen. (n.d.). Setting appropriate measures according to the characteristics of obligated persons. Office of the Council of State.
Department of Lands, Ministry of Interior, Office of Real Estate Business Promotion. (2016). Establishment of housing estate juristic persons. Printing Division, Department of Lands.
Kittisak Prokkati. (2007). Rights of individuals forming communities: A study on the rights of individuals, communities, and local administrative organizations to participate in the maintenance and utilization of natural resources and the environment under Sections 46, 56, and 290 of the Constitution of the Kingdom of Thailand B.E. 2540. Office of the Constitutional Court.
Kridsayuth Mangkon.(2017). Legal status and types of Thai public organizations [Master’s thesis, Thammasat University].
Land Allocation Act B.E. 2543 (2000,May10).Royal Thai Government gazette. Rule 117 Session 45ก.pp.1-23
Ministerial Regulation on the Application for Registration, Administration, Supervision, and Dissolution of Housing Estate Juristic Persons B.E. 2545 (2002).
National Committee on Public Hearings and Impact Analysis on Draft Bills Proposed by Members of the House of Representatives or Eligible Voters. (2023). Report on the public hearing and impact analysis of the draft Land Allocation Act (No. …) B.E. …. Secretariat of the House of Representatives.
National Intelligence Agency. (2024). Australia country profile, 2024. https://almanac.nia.go.th/media/almanac/2024/01/Australia-2567.pdf
New South Wales Government. (2020). Statutory review of the NSW strata schemes laws [Discussion paper].
New South Wales Government. (2025). Roles and responsibilities in a strata scheme. https://www.nsw.gov.au/housing-and-construction/strata/roles
Noppadol Polsane. (2017). How the state benefits from promoting community rights in the conservation of natural resources and the environment in Thailand in light of human rights principles. Individual academic paper, Constitution College, Institute of Constitutional Studies, Office of the Constitutional Court.
Orathai Intachaiwong. (2017). Community rights in the management, maintenance, and utilization of natural resources and the environment. Journal of Law and Local Society, 1(1), 171-193. https://so04.tci-thaijo.org/index.php/llsj/article/view/156658.
Pakawat Janyasutthiwong. (2018). A case study on the problems of housing estate juristic person registration under the Land Allocation Act B.E. 2543 in the Lower Northeastern Region II:Yasothon, Sisaket, Amnat Charoen, and Ubon Ratchathani Provinces. Academic Journal of Sisaket Rajabhat University, 12(1), 156-166.
Pongpisanu Akkarapatrasri. (n.d.). Legal problems concerning encroachment on public utility areas in housing estate projects within municipal areas [Independent study, Ramkhamhaeng University].
Regulation of the Central Land Allocation Committee on Criteria and Methods for Collecting Expenses for the Maintenance and Management of Public Utilities and Accounting B.E. 2545 (2002).
Regulation of the Central Land Allocation Committee on the Establishment of Housing Estate Juristic Persons or Juristic Persons under Other Laws and the Application for Approval to Undertake Public Utility Maintenance B.E. 2545 (2002).
Regulation of the Central Land Allocation Committee on the Transfer of Public Utilities to Housing Estate Juristic Persons or Juristic Persons under Other Laws, the Application for Approval to Undertake Public Utility Maintenance, or the Registration of Transfer of Assets as Public Property B.E. 2559 (2016).
Sanan Chusakun, Sodsai Sarangsorak, Nuntachot Chairat, Pairin Saosai, Usanee Kabut,Akin Bunthon, Wirada Namthai, Lertsak Khamkhongsak, Phichan Thipwong,Suphot Singkhachan, Bunthong Saduak, Malee Suphadi, Sathorn Prangphet & Luean Srisupho. (2007). Community rights project study, Northeastern Region: Final research report. Office of the Science, Research and Innovation Promotion Commission.
Sanyalux Panwattanalikit. (2024). Legal issues concerning land use and dispute resolution in land allocation projects. Journal of Law and Local Society, 8(2), 188-208.
Siriwan Kamolsuksathit. (2019). The law on housing estate juristic persons and the management of common property and public utilities. Journal of Humanities and Social Sciences,Nakhon Sawan Rajabhat University, 6(2), 249-260.
Somsak Iampalapyai. (2019). Land allocation law: Land allocation for living, land development, and private land surveyors. Nititham Publishing.
Strata Schemes Management Act 2015 No. 50 (NSW).
Torpong Kittiyanuphong. (2019). Theory of fundamental rights (2nd ed.). Winyuchon Publishing.
