Thailand Condominium Act : Chapter 6

Thailand Condominium Act
Thailand Condominium Act

The last part of the Condominium Act of Thailand defines how to revoke a condo registration, fees and application procedures. Speak to a lawyer in Thailand as to how this is done. This website is only a guide to property in Thailand.

CHAPTER VI

Revocation of Condominium

Section 51 The condominium already registered may be revoked upon any of the following reasons
(1)     In the case where registration of juristic condominium has not yet been made, the applicant for registration of condominium or the transferee of ownership of all the apartments in the condominium, whichever the case may be, request for the revocation of condominium.
(2)     Joint-owners adopt the resolution unanimously to revoke the condominium.
(3)     The entire of the condominium being damaged and joint owners adopt the resolution not to build that building anew.
(4)     The whole of the condominium has been expropriated under the law governing the expropriation of immovable property.

Section 52 in case the condominium being revoked because of the reason under Section 51 (1), the applicant for revocation shall file the application for revocation of the condominium in the form prescribed by the Minister to the Competent Official.

Upon the Competent Offcial having considered it in good order, the Competent Official shall register the revocation of the condominium and publish the registration of the revocation of the said condominium in the Government Gazette.

Once the registration of the revocation of the condominium under this Section has been executed, the provisions in Section 54 and Section 55 shall apply mutatis mutandis.

Section 53 In the case where the condominium was revoked because of the reason under Section 51 (2) or (3), the Manager of the juristic condominium shall file the application for registration of the revocation of the condominium in the form prescribed by the Minister to the Competent Official together with the apartment title deed and copy of the minutes of meeting of joint-owners with resolution to revoke the said condominium or the resolution not to construct the said condominium anew and the Manager of the juristic condominium shall sign certifying correct copy, whichever the case may be, within thirty days from the day the meeting of joint-owners adopt the said resolution.

Upon the Competent Official considers that it is in good order, the registration of the revocation of the condominium shall be accepted and the registration of the revocation of the said condominium shall be published in the Government Gazette.

Section 54 Once the registration of the revocation of the condominium under Section 52 or Section 53 had been completed, the apartment title deed of the said condominium shall be revoked and the Competent Official shall make a remark of the revocation in the copy of the owner of the apartment and the copy retained at the Office of the Competent Official.

The Competent Official shall have the power to issue written notice for the return of the copy of the owner of the revoked apartment from the owner or the person in possession for carrying out under the first paragraph and the owner of the apartment or the person in possession shall send the apartment title deed to the Competent Official within thirty days from the date of receipt of written notice.

Section 55 The Competent Official shall send the copy of the condominium title deed of the revoked apartment retained at the office of the Competent Official with the remark of revocation under Section 54 together with the copy of the application for registration of the revocation of the condominium to the Land Competent Official to make entry in the index for registration of the original land title deed showing the names of joint-owners as appeared in the application for registration of the revocation of the condominium as collective ownership at the ration each joint-owner has the ownership in the common property together with the details of obligation as appeared in the said apartment title deed.

When the Land Competent Official has duly made the entry in the land title deed under the first paragraph, such land shall be no more subject to the provisions of this Act and the Land Competent Official shall return the said land title deed to the owner.

* An alien or a juristic person as specified in Section 19 whose name appears as an owner on land title deed, as a result of registration of dissolution of condominium under the first paragraph, shall dispose of his portion of land within a period not exceeding one year from the date of registration of dissolution of condominium. If disposition is not made within the said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis.

Section 56 In the event the condominium being revoked because of the reason under Section 51 (4), the apartment title deed shall be revoked and the Competent Official shall register the revocation of the condominium and publish the registration of revocation of the said condominium in the Government Gazette.

In the case of the first paragraph, the entry in the index for registration of the apartment title deed of the apartment and of the original land title deed shall be executed as prescribed in the Ministrial Regulations.

Section 57 When there is registration of revocation of condominium, the juristic condominium shall be dissolved and the meeting of joint-owners shall appoint a liquidator within fourteen days from the date of registration of the dissolution of the condominium.

Section 58 The liquidator shall have the power to dispose of the common property which is movable property unless the meeting of joint-owners will adopt a resolution otherwise.

Section 59 The provisions of the Civil and Commercial Code, Title XXII, Partnerships and Companies, Chapter V, Liquidation of Registered Partnerships, Limited Partnerships and Limited Companies, shall apply in the liquidation of juristic condominium mutatis mutandis.

Section 60 Upon completion of the liquidation, should there be property still remaining, such shall be divided to joint-owners according to the ratio each joint-owner has the ownership in the common property.

CHAPTER VI-1

Section 60/1 In performing in accordance with this Act, the competent official shall have the power as follows:

1) Conveying a letter to any person calling for such person to make a statement, give explanation on the facts or else make a written explanation or submit documents, accounts, registers or any evidences to support a consideration or a check on the performance in compliance with this Act.
(2) Entering the land and building requested for registration as a condominium or the land, building or premises being the common property of the condominium in order to make inquiries on the facts, verify documents or evidences to support the consideration or check the performance in compliance with this Act.
(3) Attaching documents, accounts, registers or evidences for the benefit of verifications and proceeding the case under this Act.

On performing duty under (2), the competent official shall not act in a manner of threatening or search in accordance with Criminal Procedure Code.

On performing duty under paragraph one by the competent official, related person(s) shall provide reasonable facilitations to such competent official.

Section 60/2 On performing duty, the competent official must produce his identification card to related person(s).

The identification card of the competent official shall be in accordance with the form set forth by the Minister.

Section 60/3 On performing duty in accordance with this Act, the competent officials shall be the official in accordance with the Criminal Code.

CHAPTER VII

Fees and Expenses

Section 61 The application and the registration of condominium or juristic condominium, application and registration for the revocation of condominium, amendment of the Regulations , the issuance of apartment title deed or the substitute of apartment title deed, the application and the registration and the registration of rightsand juristic acts or other businesses in connection with the apartment, the applicant shall pay the fees and expenses as prescribed in the Ministerial Regulations.

Section 62 The provisions of Land Code under Chapter 11 – Fees, shall apply to the levies of fees under this Act mutatis mutandis.

Chapter VIII

Penalty

Section 63 A person having an ownership in the land and building in accordance with Section 6, whoever violating paragraph one of Section 6/1 or paragraph one of Section 6/2 shall be liable for punishment of a fine not exceeding one hundred thousand Baht.

Section 64 Whoever violating paragraph two of Section 6/1 shall be liable for punishment of a fine from fifty thousand Baht up to one hundred thousand Baht.

Section 65 Whoever violating Section 17/1 shall be liable for punishment of a fine not exceeding fifty thousand Baht and an additional fine not exceeding five thousand Baht per day throughout the period of such violation.

Section 66 An alien or a corporate deemed by law to be an alien whoever fails to notify a competent official on the factum provided under paragraph two of Section 19 penta, Section 19 septem, Section 19 octo, Section 19 novem, Section 19 decem and Section 19 linquere within the prescribed time, shall be liable for punishment of a fine not exceeding ten thousand Baht and an additional fine not exceeding five hundred Baht per day throughout the period of such violation.

Section 67 Whoever holding an ownership in a unit in the capacity of an owner on behalf of an alien or a corporate deemed by law to be an alien notwithstanding whether or not such alien or corporate shall have a right to hold an ownership in a unit under this Act, shall be liable for punishment of imprisonment not exceeding two years or a fine not exceeding twenty thousand Baht or both and that the provisions under paragraph 4 of Section 19 penta shall apply mutatis mutandis.

Section 68 Whoever failing to comply with paragraph three of Section 29 and Section 36 (5) shall be liable for punishment of a fine not exceeding fifty thousand Baht and an additional fine not exceeding five hundred Baht per day throughout the period of improperly compliance.

Section 69 Any manager violates or does not observe under Section 32, Second Paragraph, Section 35/2, Section 37, Fifth Paragraph and Section 42 First Paragraph, the punishment shall be a fine of not more than five thousand baht.)

Section 70 The Board Chairman whoever failing to comply with Section 37/5 and Section 38 (3) shall be liable for punishment of a fine not exceeding five thousand Baht.

Section 71 Any condominium corporate violating or failing to comply with Section 38/1, Section 38/2 and Section 38/3 shall be liable for punishment of a fine not exceeding ten thousand Baht.

In the case where a condominium corporate commits an offence under paragraph one, the respective Manager shall be liable for punishment provided for under paragraph one, as well, unless otherwise it can be proved that he takes no part in committing such offence.

Section 72 A joint owner whoever carrying on a construction, decoration of, modification on, change in or addition to his unit in violation of Section 48 (3) shall be liable for punishment of a fine not exceeding one hundred thousand Baht.

Section 73 Whoever failing to comply with an order of, obstructing against or failing to provide facilitation to a competent official performing duty under Section 60/1 shall be liable for punishment of imprisonment not exceeding three months or a fine not exceeding six thousand Baht or both.

Countersigned:

S. Hotrakitya

Deputy Prime Minister

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