The Legal Problems of Condominium Management

Abstract

A condominium juristic person can be established by a virtue of the Condominium Act B.E. 2522. The Act stipulates that a condominium juristic person must have a condominium juristic person manager who can be either a natural person or a juristic person. In the case where juristic person manager is a juristic person, such juristic person shall appoint a natural person to act on behalf of the juristic person as the manager. The law stipulates that the condominium juristic person has a representative for the management and shows its intent on behalf of the condominium juristic person. In the case where juristic person manager is a natural person, the law broadly defines his qualifications, emphasizing that he must not be bankrupt and has never had a history of fraud or owed common fee debt to the juristic person. However, Thai law does not establish a minimum qualification, diploma or training qualification in any particular are of such person although the condominium juristic person manager is a very important position in the condominium management who handles income and expenses and benefits of condominium co-owners. If the condominium juristic person manager does not have knowledge, competence or specialized experience in the condominium, there is a possibility that damage may occur to the condominium, the condominium juristic person and co-owners in the condominium. And if corrective actions are not in accordance with the correct standards or methods, serious damage may occur to them. Therefore, the Amendment Act should be carried out with special qualifications relating to the person to be condominium juristic person manager and provide an organization to control and supervise the condominium management and the condominium juristic person manager to protect and prevent damage to the condominium juristic person and the condominium co-owners.