Condominium Act explained to PCEC members

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Master of Ceremonies Richard Silverberg welcomed everyone to the Sunday October 10 meeting of the Pattaya City Expats Club at the Tavern by the Sea Restaurant. After the usual opening announcements, he called on Pattaraporn (Oy) Chantaramaha, Esq. and Phadungphon (Am) Atthakitpaiboon, Esq., to tell everyone about Thailand’s Condominium Act of 2551 (2008).

Richard Silverberg, PCEC MC for the day, introduces Pattaraporn (Oy) Chantaramaha, Esq. and Phadungphon (Am) Atthakitpaiboon, Esq., to tell everyone about Thailand’s Condominium Act of 2551 (2008).

Oy and Am are with their own law firm, Phadungphon and Pattaraporn, located in North Pattaya. Oy is also a Barrister at Law. Both are members of the Lawyer Council of Thailand and the Thai Bar. They have taken several specialized courses and have experience in various areas of Thai law. Their office is located on Pattaya Nua (North Pattaya) Road (Opposite the Health Land Spa & Massage). Their website is www.pnpesq.com.

Oy started by pointing out that as a general rule, foreigners cannot own land in Thailand, but they can own their own condominium. She said that the actual purchase of a condominium is not difficult. But, most problems experienced by condominium owners are with the management.

She then described the various Thai laws that have a bearing on condominiums and the governmental agencies that have some form of control over the building and/or operation of condominiums.  Although her talk was mostly on the Condominium Act’s requirements for condominium management, she did point out that it is very important to have any advertisements or sales representation in writing. The developer can be held accountable for their written representations, but only if made in writing.

Pattaraporn (Oy) Chantaramaha, Esq., tells PCEC members and guests about Thailand’s Condominium Act of 2551 (2008).

She then described the various items that the new condominium owner should receive at the time of purchase. One of the items is the rules and regulations governing the operation of the condominium.  She pointed out that under the Act, these rules should be on file with the Land Office.

She then explained the difference between the owned unit and the common areas and the purpose of the maintenance fee. Oy mentioned the obligation of the unit owner to pay their maintenance fee and the remedies that can be taken if the fee is not paid. She also described the duties of the condominium’s juristic person and penalties that can be imposed if those duties are not carried out in accord with the Condominium Act. Similarly, she discussed the duties of the condominium manager and the penalties for not performing their duties required by the Act.  This was followed by a description of the Corporate Board, the requirements for the initial and subsequent general and extraordinary meetings of the co-owners including what constitutes a quorum and what is considered a majority vote.

Hawaii Bob gives us an update on Frugal Freddy’s Monday Dinner – held at Tequila Reef on Soi 7 – with its Blackened Chicken worth dying for.

Oy said that although the Act has certain requirements, the condominium’s rules and regulations will have additional requirements. Therefore, it is very important for condominium owners to know what is in those rules and regulations because they apply to the owner’s own condominium development; not to others. Consequently, the rules for one development can be different from other developments.

She concluded by describing the Act’s requirements regarding adopting and changing a condominium’s rules and regulations. She also pointed out that the Condominium Act requires developers to ensure that commercial space has a means of entrance and egress that does not disturb the peacefulness of the co-owners’ use of their units.

As there were many condominium owners in the audience, there were many questions for Oy and Am. Richard then updated everyone on upcoming events and called on Judith Edmonds to conduct the always informative and sometimes humorous Open Forum, where questions about living in Thailand and Pattaya in particular are asked and answered.