THE CONDOMINIUM LAW ENFORCEMENT

Abstract

The objectives of this research, “the Condominium Law Enforcement”, are to (1) study the background and characteristics of the condominium with emphasis on the meaning, types, evolution, and the ownership acquisition; (2) study the principles and measures of condominium laws in Thailand and foreign countries; (3) analyze problems of the condominium law enforcement and ascertain effective legal solutions; (4) issue the guideline on problem solving mechanisms for improving the effectiveness and properly developing of the condominium law. This research is the qualitative research conducted based on documentary research, including textbooks, academic journals, research reports, code of law, supreme court decisions, theses, electronic legal articles from the internet and related applicable provisions from Thailand and foreign countries as well as relevant scholarly academic viewpoints from experts and eminent persons, scholars, lawyers, and participants and stakeholders in condominium businesses through intensive group discussion seminars. The results from this research revealed that although the amendment to the law governing condominiums, the Condominium Act, B.E. 2522 (1979), has been made for three times after it was firstly adopted in B.E. 2522, the problems were still found greatly. Thus, the further amendment was suggested to be made in the following issues, the prohibition against horizontal condominium registration, amending the provisions regarding the foreigner’ s ownership acquisition, determining the limited common property, specifying the supervisory committees on the condominiums, including the central and provincial condominium committees, determining the standard on condominium building projects, public utility and public service, stipulating the reconcile and compromise mechanisms on any disputes, prohibition on any actions against the objectives of the condominium and units, stipulating the rules sufficiently assigning the parking spaces and handicap parking spaces for every unit owner, adding legal measures of consumer protection for the condominium unit sale and purchase agreement, protection measures for any annoyance caused by the domestic animals, and problem solving measures for payment of the common area expenses and maintenance in arrears, stipulating the rule granting a condominium management license, solving the problem of not attending the meeting and voting, preventing the conflict of interest and misconduct in office, solving the problem of damage liability from any defective equipment or construction materials in condominium and the condominium defect, stipulating the prevention and fire safety measures, determine the lifespan of condominium building as well as solving the rule about voluntary condominium revocation.