Legal Problems and obstacles regarding the authority of the Alien in Condominium Management

Abstract

The objective of this thesis is to study the history, evolution, concepts, theories about condominium law and condominium management, as well as to control business operations of foreigners  and study the legal principles of condominium management of foreigners in Thailand and abroad, such as Japan, Singapore, the United States of America and the Special Administrative Region (SAR) Hong Kong, as well as studying and analyzing problems related to condominium management by foreigners and comparing Thailand and other countries And to get solutions, improve and develop condominium laws in Thailand to be suitable for the social and economic conditions of Thailand in terms of condominium management of foreigners This study mainly uses documentary research, based on the provisions of the law, thesis, thesis, research, court verdicts. Academic papers, articles, legal journalsand searching the information on the internet both in Thailand and abroad.The results show that, firstly, the Eastern Development Special Region Act B.E. 2561 (2018) stipulates that foreigners and foreign juristic persons in the 3 EEC provinces are Chonburi, Rayong and Chachoengsao that have a special right to buy a condominium in the ratio of more than 49 percent, resulting in the alien condominium has the right to manage the condominium . According to the said law, the condominium juristic person does not have to be a foreign juristic person in any way. Second, the problem with the condominium juristic person that is a foreign juristic person must conduct a transaction in the lease of the condominium area which is the office condominium which is the common area. According to condominium regulations According to the Alien Business Act B.E. 2542, can it be done or not? And finally If the condominium juristic person will hire foreigners or foreign juristic persons to manage condominiums will be able to do or not according to the Alien Business Act B.E. 2542.