Legal issues regarding the establishment of a housing estate juristicperson under the Land Subdivision Act B.E. 2543

Abstract

This research aims to study the concepts and theories regarding the establishment of juristic persons for housing estates in Thailand and abroad, as well as Supreme Court judgments, legal measures, and related research. It examines the factual and legal issues related to the establishment of juristic persons for housing estates in Thailand and explores approaches to improving legal measures concerning this establishment. The research findings indicate that some residents do not understand the role and benefits of establishing a juristic person. There is ambiguity regarding the handover of common areas from developers, such as the handover of unrenovated areas or disputes over ownership of common areas. Common areas may not meet contractual standards. The collection of resident lists and information lacks support from developers. Therefore, the researcher suggests clarifying the scope of common areas and establishing additional timeframes under Section 39, amending Section 14, paragraph two, of the Land Allocation Act B.E. 2543 (2000). This should grant residents the right to request the establishment of a juristic person for their housing estate, similar to how co-owners in the project can jointly request it. Furthermore, it recommends establishing penalties for violations. Developers or project creators who fail to maintain public utilities and other services in common areas before handover or before the establishment of a homeowners' association, as stipulated in Section 23, must face penalties as prescribed in Section 41 of the Land Allocation Act B.E. 2543 (2000). Penalties must also be imposed if a homeowners' association is not established, or if its establishment is delayed beyond the specified timeframe.