What is a condo juristic person and how much authority does it hold

What is a condo juristic person and how much authority does it hold What is a condo juristic person and how much authority does it hold

In Short

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What is a condo juristic person

Key Highlights

  • A condo juristic person is the legal entity registered under the Condominium Act B.E. 2522 to manage the common property on behalf of every co-owner in the building.
  • Final authority sits with the general meeting of co-owners, not with the manager or the committee. Both act only within the bylaws and the resolutions passed.
  • The committee has between 3 and 9 members serving two year terms, and no member may serve more than two consecutive terms unless nobody else is available.
  • Late common area fees carry a surcharge of up to 12 percent per year, rising to up to 20 percent per year once payment is six months overdue, along with suspension of common area access and voting rights.
  • Before you buy, ask for the last two to three years of meeting minutes, the financial statements and the sinking fund balance. Those documents say more about the building than a walk through the lobby.

Why should foreign buyers and tenants know this before moving in?

Most people choose a condo on location, price and the look of the unit, then meet the juristic person for the first time when something goes wrong. A leak from the unit above, a neighbour playing music at midnight, or a lift out of service for a week. In practice, the quality of building management decides whether the property still looks cared for and holds its resale value a decade from now.

If you are new to Thailand, there is a second reason to pay attention. Most bylaws, notices and meeting documents are issued in Thai, and the rules that affect daily life sit inside those documents rather than in the sales brochure. This guide explains what a condo juristic person can decide on its own, what needs a vote, and where to escalate a complaint, with references to the sections of the Condominium Act B.E. 2522 so you can verify every point.

What is a condo juristic person?

A condominium juristic person is an entity created under the Condominium Act B.E. 2522 and registered with the competent officer at the Department of Lands. It has legal personality separate from the individual unit owners, which means it can hold funds, sign contracts and bring legal action in its own name.

Its core purpose is to manage and maintain the common property, which includes the land, the building structure, corridors, lifts, shared electrical and water systems, the pool and the fitness room, and to act for the benefit of that purpose according to the resolutions of the co-owners.

Every owner becomes a co-owner automatically on transfer of the unit title. That brings an obligation to share the common expenses in proportion to the ownership ratio in the common property under Section 18, and a right to vote at the general meeting. For a short primer, see the PropertyScout guide on dealing with juristic persons and building management.

How is the management structured and who decides what?

There are three layers. Knowing which layer owns a decision is what turns a complaint into a result, instead of a long argument with someone who has no power to fix the problem.

Co-owners, the committee, and the juristic person manager

All co-owners together form the general meeting, which is the highest authority. The annual budget, the common area fee rate, amendments to the bylaws, and the appointment or removal of the manager all pass through it.

The committee is appointed by the general meeting under Section 37. It has no fewer than 3 and no more than 9 members, each serving a term of two years, and no member may hold office for more than two consecutive terms unless no other person can be found. Its job is to supervise the manager, appoint one of its members to act in the manager's place when the manager cannot perform, and meet at least once every six months.

The manager runs day to day operations and may be an individual or a company. The term of office is no more than three years at a time, with reappointment permitted under Section 35. An individual manager must be at least 25 years old and free of the disqualifications in Section 35/1, which include bankruptcy, incompetency or quasi incompetency, and dismissal from previous service for dishonesty.

Section 36 sets out the manager's duties. These cover acting in line with the objectives of the juristic person, the bylaws and the resolutions of the general meeting, representing the juristic person, maintaining safety and order inside the building, and preparing a monthly income and expense account that co-owners are entitled to inspect.

General meetings and the votes each decision requires

There are three types of general meeting. The first is the inaugural general meeting, which the manager must convene within six months of the registration of the juristic person under Section 42, to approve the bylaws and the registered manager and to appoint the committee.

The second is the annual general meeting under Section 42/1, held once a year within 120 days of the end of the accounting year, to approve the balance sheet and annual report, appoint the auditor, and settle any other business requiring a resolution.

The third is an extraordinary general meeting under Section 42/2. It can be called by the manager, by the committee, or by co-owners holding at least 20 percent of total votes who sign a request. Once that request is received, the manager must convene the meeting within 15 days.

Three voting thresholds decide whether a resolution actually binds anyone, and this is where owners most often get caught out.

Item and sectionWhat it coversVotes required
Quorum, Section 43Opening a general meeting with a valid quorumAttendees holding at least one quarter of total votes. If the quorum fails, a new meeting is called within 15 days and the second meeting has no quorum requirement
Ordinary resolution, Section 44Approving the annual report, the balance sheet, the budget and the auditorA simple majority of the co-owners present
Major resolution, Section 48Amending the bylaws on the use or management of common property, changing the ratio of shared expenses, construction that alters or adds to the common property, and generating income from the common propertyAt least half of the total votes of all co-owners
Appointing or removing the manager, Section 49Appointing or removing the juristic person managerAt least one quarter of the total votes of all co-owners

The notice of meeting must state the venue, date, time and agenda, and reach co-owners at least seven days in advance. This matters because a meeting called improperly leaves its resolutions open to challenge later.

What can a condo juristic person do and not do?

The dividing line runs between common property and private property, and between decisions backed by the bylaws or a resolution and those that are not. The following sit within its powers.

  • Collect common area fees and sinking fund contributions at the rate approved by the general meeting
  • Charge a surcharge on late payment at the rate set in the bylaws
  • Suspend common services and access to the common property for owners in arrears of six months or more
  • Issue a debt free certificate to owners who have settled their expenses in full
  • Issue and enforce house rules made under the bylaws and the resolutions of the general meeting
  • Engage contractors, security firms and property management companies within the approved budget
  • Bring legal action to recover outstanding expenses

The following it cannot do on its own, either because a resolution is required or because the power does not exist at all.

  • Raise the common area fee or change the ratio of shared expenses without a resolution under Section 48
  • Amend the bylaws on the use or management of common property without the general meeting
  • Generate income from the common property, such as leasing space or installing advertising panels and telecom antennas, without a resolution under Section 48
  • Enter a unit or seize belongings inside it, because the unit is private property
  • Cut the water or electricity supplied directly to a unit, which is separate from suspending access to common property and has repeatedly ended up in court
  • Refuse a co-owner access to the monthly accounts and the documents the law requires to be disclosed

Which bylaws affect residents the most?

The bylaws are the building's own rulebook, registered together with the juristic person. Amending them requires a resolution of the general meeting and registration with the competent officer within 30 days of that resolution. Ask for a copy and read it before you sign anything. If it is only available in Thai, have it translated rather than relying on a verbal summary from the sales team.

Pets, subletting, alterations and noise

These four cause the most trouble after move in, because every project writes them differently.

TopicWhat the bylaws set and what to watch
PetsSome buildings prohibit them outright, others allow them with limits on weight, number or which lift you may use. Check the registered bylaws and the current house rules, not the agent's answer
SublettingMany bylaws set a minimum lease term and prohibit daily rentals, which aligns with the Hotel Act. Breaching this creates exposure both to the juristic person and under other laws
AlterationsWork that touches the common property or the exterior appearance, such as removing a wall, changing windows or mounting an air conditioning unit outside the designated point, needs prior approval and in some cases a resolution of the general meeting
NoiseThe juristic person can set quiet hours and issue warnings, but it cannot impose monetary fines unless the bylaws give it that power

Rules on pets in particular have been moving, so verify the current position for the specific building. The PropertyScout overview of pet friendly condo rules in Thailand is a useful starting point.

Unpaid common area fees and what follows

Section 18/1 sets two levels of consequence. Late payment attracts a surcharge of up to 12 percent per year on the outstanding amount, not compounded. Once payment is six months or more overdue, the surcharge rises to up to 20 percent per year, common services and access to common property may be suspended, and the owner loses the right to vote at the general meeting.

The heaviest consequence appears at resale. Registering the transfer of a unit requires a debt free certificate from the juristic person under Section 29. While fees remain outstanding, that certificate is not issued and the transfer at the Land Office cannot proceed. Because the liability attaches to the unit rather than to the person, a buyer of a resale unit should always ask for the arrears statement before paying a deposit. Claims for unpaid common area fees are subject to a five year prescription period under Section 193/33 of the Civil and Commercial Code. For how the transfer day costs fit together, see the PropertyScout cost breakdown for buyers.

Foreign buyers should note that these rules apply in exactly the same way regardless of nationality. Voting weight follows the ownership ratio in the common property, not citizenship, and the foreign ownership quota affects who may hold title rather than how the building is governed. The PropertyScout guide to property ownership for foreigners covers the title side in detail

Where can you escalate a problem with the juristic person?

Work through the steps in order. Skipping ahead slows the matter down and weakens your position.

  • Step 1. Write formally to the manager, stating the issue, the dates and times, and the outcome you are asking for. Request a receipt reference and keep a copy of everything.
  • Step 2. Take the matter to the committee, which is directly responsible for supervising the manager.
  • Step 3. Gather co-owners to call an extraordinary general meeting, which needs signatures representing at least 20 percent of total votes under Section 42/2.
  • Step 4. File a complaint with the competent officer at the provincial or branch Land Office covering the building, the authority that registers and oversees condominium juristic persons.
  • Step 5. Complain to the Office of the Consumer Protection Board where the issue involves unfair contract terms or services, or bring a court claim where there is quantifiable loss.

What moves a case along is documentation. Written correspondence, dated photographs, and meeting minutes showing that the issue was raised before.

How can you judge a building's management before you buy?

Walking through the lobby on a weekday afternoon tells you very little, because the front of house is the part every project keeps presentable. The real signals are in the paperwork and in the places nobody walks through.

  • Ask for two to three years of general meeting minutes and look for issues raised repeatedly and deferred every year
  • Ask for the financial statements and the sinking fund balance. A thin fund usually means a special levy when the lifts or the exterior paintwork come due
  • Ask what percentage of units are in arrears on common area fees. That number reflects both owner discipline and how well the juristic person collects
  • Inspect the hidden areas, including the refuse room, plant rooms, the roof deck, fire escapes and the top parking level. These show the real maintenance standard
  • Compare the building age against its major refurbishment history. A building past ten years with no lift or pump replacement is likely facing a large bill soon
  • Talk to long standing residents and to security staff who have been there for years. Their answers are more reliable than the sales office version

If a document is only available in Thai, ask your agent to go through it with you line by line rather than summarising it. The detail that matters is usually in the exceptions, not in the headline rule.

What is a condo juristic person

Frequently asked questions about the condo juristic person

What is a condo juristic person compared with a property management company

The condominium juristic person is the legal entity created under the Condominium Act B.E. 2522, and every co-owner is a member of it automatically. A property management company is a contractor hired by that entity to carry out day to day operations. The company can be replaced when its contract ends or when the general meeting resolves to change it, while the juristic person exists for the life of the building.

What are the duties of a condominium juristic person

Managing and maintaining the common property, collecting common area fees and sinking fund contributions, preparing monthly accounts that co-owners may inspect, holding the annual general meeting within 120 days of the accounting year end, maintaining safety and order in the building, enforcing the bylaws and house rules, and issuing the debt free certificate once an owner has settled all charges.

Can I refuse to pay the common area fee

No. It is a statutory obligation of co-owners under Section 18. Refusing triggers a surcharge of up to 12 percent per year, rising to up to 20 percent per year once six months overdue, suspension of common property access, and loss of voting rights. It also blocks the debt free certificate, which means the unit cannot be transferred to a buyer until the balance is cleared.

Can a tenant attend and vote at the general meeting

Voting rights belong to co-owners in proportion to their ownership ratio in the common property, so a tenant cannot vote in their own right. An owner may appoint a proxy in writing to attend and vote on their behalf. In practice, tenants should read the bylaws and house rules before signing a lease, because those rules bind every occupant of the building.

How many votes are needed to remove the juristic person manager

Appointing or removing the manager requires a resolution of the general meeting carrying at least one quarter of the total votes of all co-owners under Section 49. If the committee or the manager will not convene a meeting, co-owners holding at least 20 percent of total votes can sign a request for an extraordinary general meeting under Section 42/2.

Summary

A condo juristic person acts on behalf of every co-owner and holds only the powers granted by the law, the bylaws and the resolutions of the general meeting. Residents who understand that structure know which issues to raise with whom, which ones need a vote, and which ones need signatures gathered first. For buyers, requesting the minutes, the accounts and the fund balance takes a short time and shows the building's future more clearly than any show unit.

If you would like someone to request those documents and read them with you, the PropertyScout consultant team can help from shortlisting through to transfer day, and the service is free for buyers and tenants. Browse verified listings

Primary source, the Condominium Act B.E. 2522 as amended up to the fourth amendment of B.E. 2551. Information verified on 12 August 2026.

Prices and availability change and are not guaranteed. Property information is a general guide only. This content is not legal, tax or financial advice. Bylaws differ from one building to the next, so check the registered bylaws of the specific project and take professional advice before deciding.

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