Legal Measures in Regulating Condominium Business Operators in Thailand Legal Measures in Regulating Condominium Business Operators in Thailand

Abstract

The objectives of this study were to analyze legal problems related to regulating condominium business operators according to Thai and foreign laws and to provide a law amendment model relating to regulating condominium business operators of Thailand by using qualitative research which composes of documentary research and field research, divide up the data collection into 2 steps, in-depth interview and focus group discussion. The finding showed that there are problems related to The Condominium Act BE 2522, the operators do not use the standard forms prescribed by The Condominium Act BE 2522, and no common property is provided as advertised and parties’ interest protection system according to The Escrow Act BE 2551 must be made voluntarily of parties. On the other hand, USA, Singapore, and Malaysia Law specify that the contract and condominium advertisement must be inspected by the competent authority and the seller must provide the money protection that the purchaser paid until the transferring condominium’s ownership. The result suggests that the Draft act Condominium Act (No. …) BE …. specifies that the competent authority inspects the contract and condominium advertisement before application of the operators and the seller’s duty to provide the record for the money protection that the purchaser paid and the dispute of transaction should be settled by mediation before the lawsuit.