Droit Thaïlandais copropriété
Condominium Act (No.4) B.E. 2551 (2008) ---------------------------
BHUMIBOL ADULYADEJ REX. Given on the 27th Day of February, 2008 Being the 63rd Year of the Present Reign
His-Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to amend the law governing condominium.
This Act has some provisions concerning Section 29 and Section 33, Section 41 and Section 43 of the Constitution of Kingdom of Thailand prescribing that the limitation of right and liberty of a person shall be done by virtue of law.
BE IT ANACTED BY THE KING, by and with the advice and consent of the National Legislative Body in the capacity of the National Assembly, as follows:
SECTION 1: This act shall be called "the Condominium Act (No. 4) B.E. 2551" (2008)
SECTION 2: This Act shall come into force upon and from the day following the expiration date of the one hundred twenty-day period to be counted from the date of its publication in the Government Gazette.
SECTION 3: Following descriptions-"General Meeting," "Committee," "Committee Member," and "Manager" shall be added between the previous description of "Regulations" and "Competent Officer" of the Section 4 of the Condominium Act B.E. 2522 (1979) as follows:
"General Meeting" means the general meeting or the extraordinary general meeting of co-owners; "Committee" means the juristic person management committee; "Committee Member" means the member of the juristic person management committee; "Manager" means the juristic person manager.
SECTION 4: The provision of Section 6 of the Condominium Act B.E. 2522 (1979) shall be repealed and replaced by the following provisions:
"SECTION 6. Any person, who holds the ownership of a real estate and wishes to register such real estate as a private commonly-owned housing under this Act, shall apply to the competent officer for the private, commonly-owned housing registration together with:
(1) the title-deed to the land;
(2) the private, commonly-owned housing diagram including the access way to and from the public road;
(3) the particulars pertaining to the private and common property such as space volume, nature of benefit usage, and other particulars as prescribed by the Minister;
(4) information on the ratio of ownership of the common property pursuant to Section 14 granted to the owner of each housing unit;
(5) the applicant's testimony to the effect that the building for which the private, commonly-owned housing registration is applied is not under mortgage with the exception of the mortgage of the building together with the land;
(6) a draft of the condominium or regulations; (7) other evidences as specified by a Ministerial Regulation."
SECTION 5: Following provision shall be added as Section 6/1 and Section 6/2 of the Condominium Act B.E. 2522 (1979):
"SECTION 6/1 If the owner of real estate under the provision of Section 6 advertises the sale of a condominium, all copies of sale brochures or pictures that being commercialized or sale letters that were publicized by any methods must be kept in his office until all units are sold out, and at least one copy of each such material must be kept at the juristic person office for future reference.
Advertising of a condominium for sale must be identical to the evidence and specification stated under Section 6. Advertising text or pictures made available to the public must be matched up with the registered evidence and details of common properties. In addition, the items stipulated under Section 15, must also be clearly shown.
It is regarded that all advertising materials, text, photos, sale letters, are part of the Condominium Sale Agreement as the case may be. If the advertising material differs from the Sales Agreement, it shall be interpreted for the benefit of the buyer.
SECTION 6/2: The Condominium Sales Agreement between the Seller who is the owner of the real estate under Section 6, and the prospective Buyer or the Buyers, must be made in the same standard as set by the Minister of Interior.
Any paragraph of the Sales Agreement that appears in contradiction to the Ministry's standard or has any disadvantage to the buyer, that portion shall be null and void."
SECTION 6: The provision of paragraph two of Section 7 of the Condominium Act B.E. 2522 (1979) shall be repealed.
SECTION 7: The provision of Section 14 of the Condominium Act B.E. 2522 (1979) shall be repealed and replaced by the following provisions:
"SECTION 14: The ownership ratio in common property of co-owners shall be according to the ratio between the space of each housing unit and the total space of all the housing units at the time of the private, commonly-owned housing registration pursuant to Section 6."
SECTION 8: Provision of the followings shall be added as (8) (9) (10) and (11) of Section 15 of the Condominium Act B.E. 2522 (1979):
the office of the juristic person;
(9) immovable property that was procured or acquired under Section 48 (1);
(10) construction or systems constructed for security purposes, or to maintain a good environment in the condominium such as fire fighting equipment, lighting systems, ventilation, air-conditioning, drainage, wastewater treatment, or garbage disposal systems;
(11) properties maintained by the funds obtained under the provision of Section 18."
SECTION 9: The following provision shall be added as Section 17/1 of the Condominium Act B.E. 2522 (1979):
"SECTION 17/1 In case that any commercial area is provided within the condominium premises, the access to such area must be arranged to be separate from normal residential access in order to not disturb the peaceful living of co-owners.
No commercial trading shall be conducted in a condominium building except in the commercial area specified in paragraph one."
SECTION 10: The provision of Section 18 of the Condominium Act B.E. 2522 (1979) shall be repealed and replaced by the following provisions:
"SECTION 18 The co-owners shall jointly contribute payment toward the tax and duty costs in proportion to the ownership ratio to common property pursuant to Section 14;
The co-owners shall jointly contribute monitary payment toward the costs and expenses arising from the purchase and maintenance of common tools, equipment and facilities made available for the common benefit and toward the cost of expenses arising from the maintenance of common properties in proportion to the benefit rendered to a housing unit prescribed under Section 14 or as specified in the condominium regulations.
The owners of the land and building under the provision of Section 6 shall be the co-owners of the condominium units that have not had the ownership transferred to any other person and shall jointly contribute for the expenses described in paragraph one and paragraph two for the units so described."
SECTION 11: The following provision shall be added as Section 18/1 of the Condominium Act B.E. 2522 (1979):
"SECTION 18/1 In the case that a co-owner fails to make the payment required under the provision of Section 18 within the due date, a fine of non-compounded interest of 10% per annum shall be penalized on top of the overdue amount as prescribed in the condominium regulations.
Co-owners who have payments overdue for the monetary payments required under Section 18 exceeding a six-month period shall be subject to a 20% per annum additional penalty and may risk having the supply of utilities stopped or may be prevented from accessing the common facilities as further prescribed in the condominium regulations.
The penalties under paragraph one shall be regarded as an expense under Section 18."
SECTION 12: The provision of Section 19 bis of the Condominium Act B.E. 2522 (1979) amended by the Condominium Act (No. 3) B.E. 2542 (1999) shall be repealed and replaced by the following provisions:
"SECTION 19 bis Aliens or juristic persons stated in Section 19 may only have ownership in a condominium unit or units that does not exceed forty-nine percent of the total space of all units in that condominium at the time the condominium was registered under Section 6."
SECTION 13: The provision of Section 19 (quarter) of the Condominium Act B.E. 2522 (1979 amended by the Condominium Act (No. 3) B.E. 2542 (1999) shall be repealed and replaced by the following provisions:
"SECTION 19 (quarter) the competent official shall receive the documents and evidences submitted according to Section 19 tri and verify them accordingly. If it is found that they are correct subject to the provisions of Section 19 tri and that the proportion of ownership in condominium units held by aliens or juristic persons under Section 19, who already had ownership in condominium unit or that are applying for receiving the transfer of the ownership of any other condominium units, does not exceed the proportion as allowed by Section 19 bis, then the competent officer shall proceed with the registration of rights and the juristic act concerning the condominium unit in accordance with Chapter 4 in favor of the alien or juristic person who is a transferee."
SECTION 14: The provision of Section 19 quinque (1) of the Condominium Act B.E. 2522 (1979 amended by the Condominium Act (No. 3) B.E. 2542 (1999) shall be repealed and replaced by the following provisions:
"(1) Aliens or juristic persons under Section 19 obtaining the condominium unit devolved upon them by statutory right or by will or by other means as the case may be, when added to the condominium units in that condominium that are already held by aliens or juristic persons under Section 19 exceeding the proportion as specified in Section 19 bis."
SECTION 15: The provision in paragraph one of Section 19 novem of the Condominium Act B.E. 2522 (1979) amended by the Condominium Act (No. 3) B.E. 2542 (1999) shall be repealed and replaced by the following provisions:
"SECTION 19 novem Any person who obtains an ownership in a condominium unit while having Thai nationality and subsequently loses it because of relinquishment, change or annulment of the Thai nationality in accordance with the nationality laws and consequently becomes an alien under Section 19 and if he wishes to continue to hold the ownership in the condominium unit, he shall have to notify in writing the competent official of the loss of his Thai nationality. He must also present evidence proving that he is an alien under Section 19 to the competent official within one hundred and eighty days from the date of the loss of his nationality. However, if the ownership in a condominium unit of that person exceeds the proportion as allowed by Section 19 bis, such person shall dispose of the excess unit(s) within one year from the date of the loss of his Thai nationality. If he failed to dispose of this property within the said time, the provisions of Section 19 quinque, paragraph four shall apply mutatis mutandis."
SECTION 16: The provision of Section 19 twelve and Section 19 thirteen of the Condominium Act B.E. 2522 (1979) amended by the Condominium Act (No. 2) B.E.2534 (1991) shall be repealed.
SECTION 17: The provision of Section 29 of the Condominium Act B.E. 2522 (1979) shall be repealed and replaced by the following provisions:
"SECTION 29 Any person who wishes to register the rights and legal transactions under this Act shall bring the housing unit document of title to the Land Office for registration.
In the case of an application for registration of rights and legal transaction of transferring an housing unit ownership, the applicant shall bring along also a certificate of debts caused by the expenses under Section 18 from the Manager of the concerned condominium for submission to the Land Office, who shall proceed to register the rights and legal transactions after such debts have been completely repaid.
The Manager shall issue the Debt Certificate to the co-owner within fifteen days from the date of request and all outstanding expense debts incurred under Section 18 have been repaid.
The provision in paragraph two shall not apply to the case where the registration of rights and the legal transaction of transferring a housing unit ownership have been done prior to the registration of the condominium.
SECTION 18: The provision of Section 32 of the Condominium Act B.E. 2522 (1979) shall be repealed and replaced by the following provisions:
"SECTION 32 The condominium regulations shall comprise at least the following essence: (1) the name of the juristic private, commonly-owned housing, which must be immediately followed
by "Juristic private, commonly-owned housing"; (2) the objectives pursuant to Section 33; (3) the location of the juristic private, commonly-owned housing which must be located within the
condominium premises; (4) the amount of expenses of the juristic private, commonly-owned housing to be contributed by the
co-owners in advance; (5) the management of common property; (6) the use of private property and common property; (7) the ratio of ownership in common property by the owner of each housing unit according to the
application for registration of the private, commonly-owned housing; (8) the ratio to the joint expenses of the co-owners pursuant to Section 18; (9) other information as prescribed in the Ministerial Regulation.
Any corrections or additions of the registered regulations shall be complete only after it has been resolved by the general meeting of co-owners and must be submitted by the juristic person manager to the competent officer for registration within 30 days from the date of resolution.
Should the competent officer consider that such correction or addition of the regulations is not against the laws, the officer shall accept the correction or addition for registration."
SECTION 19: Following provision shall be added as Section 35/1, Section 35/2 and Section 35/3 under the Condominium Act B.E. 2522 (1979) Section 35/1 The manager must be at least 25 years of age and have none of the following disqualifications:
has been adjudged bankrupt;
has been adjudged incompetent or a quasi-incompetent person;
has been dismissed or removed from a government office, or private organization for being dishonest;
has been imprisoned except for a minor offense or a negligent offense;
have been dismissed as a juristic person manager for dishonesty or corruption or defaming behavior or for bad morals;
(6) be a person with outstanding debts under provision of Section 18.
In case that the manager is a juristic person, the person representing the juristic person must possess the same qualifications and have no disqualifications prescribed in the first paragraph.
Section 35/2 The appointment of the Manager shall be done at a general meeting under Section 49 and the appointed Manager shall register his appointment as the Manager with the Land Office within 30 days from the date of general meeting. Supporting documents for registration shall include the evidence of appointment or the employment contract.
Section 35/3.- The Manager shall be terminated for any of the following causes:
death (natural person) or termination of business (juristic person);
resignation;
contracted term expires;
lack of required qualifications or has disqualifications prescribed under Section 35/
(5) violating this Condominium Act or Ministerial Regulation issued by the virtue of this Condominium Act or violating the employment contract and is dismissed at a general meeting under the provisions of Section 49;
(6) dismissed at a general meeting."
SECTION 20: The provision of Section 36 and Section 37 of the Condominium Act B.E. 2522 (1979) shall be repealed and replaced by the following provisions:
" SECTION 36. The Manager shall have the power and duty as follows:
(1) to conduct activities in accordance with the objectives under Section 33 or the regulations, or the resolution of the meeting of the co-owners or the Committee, however, not to be Inconsistent with the laws;
(2) In the case of a pressing necessity, the Manager shall have the power to initiate activities for the safety of the building in such manner that a responsible person may maintain and manage his own property;
to provide security and peaceful order within the condominium;
to act as the representative of the juristic private, commonly-owned housing;
(5) to provide monthly income and expense reports and to post them on a bulletin board within 15
days after the end of each month. Notice on the bulletin board must be post for at least 15 consecutive days;
to take legal action against co-owners who has overdue payment exceeding 6 months;
(7) to perform other duties as prescribed in the Ministerial Regulations."
The Manager shall himself carry out his duties, except the activities that the rules or the resolution of the co-owners at a general meeting pursuant to Section 49(2) specifies to be carried out by another person or persons on his behalf
SECTION 37. The Management committee comprising not less than three and not more than nine members shall be appointed by the resolution at a general meeting.
The appointed committee has a two-year term. If any committee member vacates the office before the end of the term, or if there is an appointment of another committee member to replace any committee member, the newly appointed person shall hold the office for the remaining term of the replaced committee member.
After the committee completes the term stated in paragraph 2 and a new committee has not been appointed, the retired committee shall be the acting committee until the new committee is appointed.
A committee may be reelected to be the committee for a second term, but shall not be entitled to be the committee longer than two consecutive terms except when no replacement can be recruited.
Appointment of the committee shall be submitted for registration by the Manager within thirty days after the resolution is approved at a general meeting of co-owners
SECTION 21: Following provisions shall be added as Section 37/1. Section 37/2, Section 37/3, Section 37/4, Section 37/5 and Section 37/6 of the Condominium Act B.E. 2522
"SECTION 37/1 The following persons shall be eligible for appointment as the committee members: (1) the co-owners or spouses of the co-owners;
(2) the lawful representative, the supporter or guardian in the case that a co-owner is a minor, an incompetent or quasi-incompetent person, as the case may be;
(3) one person as the representative of a juristic person in the case that the juristic person is a co- owner.
In the case that the condominium unit is jointly owned by many co-owners, only one co-owner shall be entitled to be elected to the committee.
SECTION 37/2 Persons of the following qualifications shall not be qualified to be elected to the committee:
(1) a minor person or an incompetent or quasi-incompetent person;
(2) has been dismissed from the committee position or manager position at a general meeting due to dishonesty or bad behavior or bad morale behavior;
(3) has been dismissed or removed from government offices, or a private organization for being dishonest;
(4) has been imprisoned except for a minor offense or a negligent offense;
SECTION 37/3 In addition to be retired on rotation, the committee may be retired for the following reasons:
(1) death; (2) resignation; (3) is no longer a person under Section 37/1 or has a disqualification under Section 37/2; (4) is dismissed at a general meeting in accordance with Section 44.
SECTION 37/4 One of the committee members shall be appointed to chair the meeting, and another member may be appointed as the vice chairperson.
SECTION 37/5 Committee meetings shall be called by the chairperson. In the case that two or more of the committee members request a committee meeting, the chairperson shall fix the meeting schedule within 7 days from the date of the request.
SECTION 37/6 A quorum for a committee meeting shall be consist of at least one-half of the committee members.
If the chairperson cannot be present at the meeting or is unable to perform his duty, the vice chairperson shall become the chairperson of the meeting. In case that the vice chairperson is not available or is unable to perform his duty, one of the present committee shall be appointed to be the chairperson of the meeting.
A resolution of the committee must approved by a majority of committee members present for which one member shall have one vote. In the case of a tie in the voting, the chairperson shall have an additional vote.
SECTION 22: The provision of Section 38 of the Condominium Act B.E. 2522 (1979) shall be repealed and replaced by the following provisions:
"SECTION 38 The committee shall retain the authority and duty as follows: (1) to control the management of the condominium juristic person; (2) to appoint one committee member to be the juristic person Manager in case the elected Manager is
not available or the Manager is unable to perform his duty for over seven days; (3) to convene a committee meeting at least once every six months; (4) to perform other duties as prescribed in the Ministerial Regulations."
SECTION 23: Following provisions shall be added as Section 38/1, Section 38/2 and Section 38/3 of the Condominium Act B.E. 2522 (1979):
SECTION 38/1 - The balance sheet for a period of twelve months shall be presented by the juristic person condominium and it is regarded as a fiscal year period for accounting purposes. The balance sheet referred to in paragraph 1 shall contain the total of assets and liabilities of the condominium and the profit and loss statement of accounts. These statements must be inspected by certified auditor and to be presented at a general meeting for approval within 120 days from the account- closing date.
Section 38/2 - The juristic person condominium shall present the annual performance report at a general meeting together with the balance sheet. The copy of such report and the balance sheet shall be delivered to co-owners at least seven days before the schedules general meeting.
Section 38/3 - The annual performance report, balance sheet and condominium regulations must be kept for official and co-owners inspection at the juristic person office.
The annual performance report and balance sheet referred in paragraph 1 must be kept for reference for at least ten years from the date of approval obtained at a general meeting.
SECTION 24: The provision of Section 42 of the Condominium Act B.E. 2522 (1979) shall be repealed and replaced by the following provisions:
SECTION 42. The Manager shall convene a general meeting which is the first general meeting for co-owners within six months from the date of the registration of the condominium, to approve the condominium regulations and the registered Manager according to the application for the registration of the condominium.
If the general meeting does not consent with the regulations or the Manager as prescribed in paragraph 1, the general meeting shall correct or amend the regulations and/or dismiss the proposed Manager and appoint a new Manager.
SECTION 25: Following provisions shall be added as Section 42/1, Section 42/2 and Section 42/3 of the Condominium Act B.E. 2522 (1979):
"SECTION 42/1 The first general meeting for co-owners shall be organized by the committee within 120 days from the fiscal account closing- date for consideration of the following:
(1) the balance sheet; (2) the annual performance report; (3) the appointment of the independent auditor; (4) other matters
SECTION 42/2 In case of necessity, the following persons have the right to call an extraordinary general meeting at any given time:
(1) the Manager; (2) the Committee by a majority vote of its members at a Committee Meeting; (3) co-owners that hold not less than 20% of the total votes who jointly sign a written request to the
committee to organize an extraordinary meeting. The committee shall organize the meeting within fifteen days from the date of receiving the written request. If the committee fails to organize such meeting, the referenced co-owners have the right to convene the meeting thereof and to appointment one of its members in the group to release the meeting invitation.
SECTION 42/3 Calling a general meeting shall be made by sending out a Notice for the General Meeting specifying the meeting location, date and time and the meeting agenda as well as the details of matters to be presented in the meeting that shall be sent to co-owners at least seven days before the meeting date.
SECTION 26: The provision of Section 43 of the Condominium Act B.E. 2522 (1979) shall be repealed and replaced by the following provisions:
"SETION 43 A general meeting shall be attended by at least one-fourth of the members who have the right to vote of the total number of the qualified members in order to constitute a quorum.
If the co-owners do not attend the meeting in the number to constitute a quorum pursuant to paragraph one, another general meeting shall be announced and held within fifteen days from the published date of the previous meeting. For this new meeting the constitution of a quorum shall be irrelevant.
The Manager and the marriage party of the Manager shall not preside over the meeting."
SECTION 27: The provisions of Section 47, Section 48 and Section 49 of the Condominium Act B.E. 2522 (1979) shall be repealed and replaced by the following provisions:
"SECTION 47. A co-owner may give a proxy vote for its unit but a proxy holder shall not be authorized to represent more than three condominium units.
The following person cannot be a proxy of any co-owner. (1) a committee member or a committee member's spouse; (2) the Manager or the Manager's spouse; (3) condominium staff or employees or the employees of the condominium's staff (4) the staff or employees of the juristic Manager if the juristic Manager is a legal identify.
SECTION 48, A resolution on any of the following matters shall not be less than one-half the votes of the total number of the votes of all the attending co-owners combined
(1) a purchase of immoveable property or an acceptance of immovable property of binding value as common property;
(2) disposal of common property; (3) an approval granted to any one co-owner for construction that effects the common property or the
outside appearance of the building at the expense of such co-owner; (4) an amendment of the regulations in connection with the use or management of the common
property; (5) an amendment that changes the ratios of the joint payments in the regulations pursuant to Section
32 (8); (6) a construction that modifies, adds to or improves the common property; (7) a use of common property to produce income for the condominium,e.g. rent out for sales stall, etc
If the co-owners do not attend the meeting in the number to constitute major votes pursuant to paragraph one, another general meeting shall be appointed to be held within fifteen days from the appointed date of the previous meeting. For this new meeting the resolution on matters prescribed in paragraph one shall be determined by one-third of the total co-owners combined."
SECTION 49 A resolution on any of the following matters shall have more than one-fourth of the votes of the total number of the votes of all the co-owners combined:
(1) the appointment or dismissal of the Manager;
(2) the prescription of the activities that the Manager is empowered to impose on other persons to carry out on his behalf."
SECTION 28: The following provisions shall be added as Chapter 6/1, ‘Competent Officer', 60/1, Section 60/2 and Section 60/3 of the Condominium Act B.E. 2522 (1979):
"CHAPTER 6/1 Competent Officer -------------------------------------------
Section
SECTION 60/1 Subject to the provisions of this Act governing execution, the competent officer shall retain the power and authority as follows:
(1) to send out a letter or enquiry or summoning any person to give statement or to send document evidence or records concerned or other things necessary for the consideration and examination of operations under the provision of this Act;
(2) to enter the land and building submitted for juristic person registration or to enter the common area in order to inspect or make enquiry into the facts or check the documents or evidence in order to obtain the facts for the execution of this Act;
Page 7 of 10
7.1) with cash value 7.2) without cash value
(8) Miscellaneous fees:
2% of assessed value
(3) to seize or impound any document, book-keeping material, records or any other things for the benefit of inspection and taking legal proceedings under the provisions of this Act;
In executing (2) above, the competent officer shall not be an act with any harmful intention or act of threat or search according to the Penal Code.
In executing the duty of the competent officer under paragraph one, the persons concerned shall provide assistance as necessary.
SECTION 60/2: The Competent Officer (Land Office) shall produce an ID Card in the execution of its duties.
.
The ID Card of the Competent Officer shall be according to the form prescribed by the Minister.
SECTION 60/3: In the execution of its duties under this Act, the Competent Officer shall be the Competent Officer according to the Penal Code."
SECTION 29: The provisions of Section 62 of the Condominium Act B.E. 2522 (1979) shall be repealed and replaced by the following provisions:
"SECTION 62 The provisions of the Land Code, Chapter 11 Fee, shall apply to the fees under this Act mutatis mutandis."
SCHEDULE OF FEES AND EXPENSES ---------------------------
Baht (1) Registration of the condominium prior to any sales 5,000
(2) Registration of condominium's dissolution. 5,000 (3) Registration of the juristic condominium after 1st General Meeting 5,000 (4) Registration of the juristic person manager 1,000 (5) Registration of amendments to the regulations 1,000
(6) Issue of document of title of housing unit or substitute document of title of housing unit (per housing unit) 1,000
(7) Registration of rights and legal transaction:
8.1) Application 8.2) copying of documents including the copying of documents
200
50
for use as evidence in civil cases, to be made by the competent officer, per page 50
8.3) certification of copies of documents 50 8.4) examination of evidence of housing unit registration per housing unit 100 8.5) housing unit detention, per housing unit 100 8.6) authorizing of power of attorney 50 8.7) examination of record, assessment, or other information per housing unit 100 8.8) printing hard copy from computer file, or other electronic file per page 50
(9) Expenses 9.1) posting up notices, paid to the person who posts them up per person 100 9.2) witness, paid to the witness, per witness 50
SECTION 30 Following provisions shall be added as Chapter 8 Penalty, Section 63, Section 64, Section 65, Section 66, Section 67, Section 68, Section 69, Section 70, Section 71, Section 72 and Section 73 of the Condominium Act B.E. 2522 (1979):
"CHAPTER 8 Penalty ---------------------------------
SECTION 63 Any co-owner under Section 6, who violates Section 6/1, paragraph one or Section 6/2, paragraph one shall be penalized with a fine of not more than one hundred thousand baht.
SECTION 64 Whoever violates Section 6/1, paragraph two shall be penalized with a fine of fifty thousand baht to one hundred thousand baht.
SECTION 65 Whoever violates Section 17/1 shall be penalized with a fine of not more than fifty thousand baht and the offender shall be further penalized with a daily fine of not more than five thousand baht throughout the period of violation or not complying with such provisions.
SECTION 66 Any alien or juristic person deemed by Thai law to be an alien who does not submit particulars prescribed under Section 19 quinque, paragraph two, Section 19 septem, Section 19 octo, Section 19 novem, Section Dec and Section 19 eleventh, to the Land Office within the prescribed period of time shall be penalized with a fine of not more than ten thousand baht and further penalized with a daily fine of not more than five hundred baht throughout the period of violation or for the period of not complying with such provisions.
SECTION 67 Anyone owning a condominium unit on behalf of an alien or a juristic person which the law treats as an alien, regardless of whether an alien or juristic person is entitled to own a unit under the this Act, shall be penalized with a term of imprisonment of not more than two years or a fine of not more than twenty thousand baht, or both and the provisions of Section 19 quinque paragraph four shall apply mutatis mutandis.
SECTION 68 Any Manager who does not comply with Section 29, paragraph three, and Section 36 (5) shall be penalized with a fine of not more than fifty thousand baht and further penalized with a daily fine of not more than five hundred baht throughout the period of the violation or not complying with such requirement...
SECTION 69 Any Manager who violates or does not comply with Section 32/2, Section 35/2, Section 37 paragraph five and Section 42 paragraph one shall be penalized with a fine of not more than five thousand baht.
SECTION 70 Any chairman who does not comply with Section 37/5 and Section 38 (3) shall be penalized with a fine of not more than five thousand baht.
SECTION 71 Any juristic person who violates or does not comply with Section 38/1, Section 38/2 and Section 38/3, shall be penalized with a fine of not more than ten thousand baht.
In case the juristic person is the offender and has been penalized under paragraph one, the manager of the juristic person shall be penalized in the same way as the juristic person unless it can be proved that he is not a party to the offense.
SECTION 72 Any co-owner who extends, modifies or renovates his unit that is in violation of Section 48 (3) shall be penalized with a fine of not more than one hundred thousand baht..
SECTION 73 Whoever shall obstruct or does not provide assistance as necessary to the competent officer in carrying out Section 60/1 shall be penalized with a term of imprisonment of not more than three months or a fine of not more than six thousand baht, or both."
SECTION 31: The provisions of Section 14, Section 15 and Section 18 of the Condominium Act B.E. 2522 (1979) as amended by the provisions of this Act shall not apply in setting the ownership ratios in common property, in defining facilities that shall be regarded as common property and in setting common maintenance fees for the condominium that has been registered as a juristic person on or before the date this Act comes into force.
The provisions of Section 14, Section 15 and Section 18 of the Condominium Act B.E. 2522 (1979) shall remain in force for condominiums registered earlier or on the date this Act comes into force.
SECTION 32: The provision of Section 17/1 and Section 65 of the Condominium Act B.E. 2522 (1979) as amended by the provisions of this Act shall not apply to a condominium that has been registered as a juristic person with commercial units on or before the date this Act comes into force.
SECTION 33: The provisions that are enforced on the date this Act comes into force remain valid in so far as they are not inconsistent with this Act. The condominium juristic person shall amend its regulations to be harmonized with this Act within three hundred and sixty days after this Act becomes in force.
SECTION 34: The existing Manager or committee of condominium on the date this Act becomes in force shall remain in their elected positions until their terms are over according to the regulations or until a new Manager or committee is appointed at a general meeting as the case may be.
SECTION 35: The Schedules of Fees and Expenses annexed to the Condominium Act B.E. 2522 shall be repealed and replaced by the Schedules of Fees and Expenses annexed to this Act.
SECTION 36: The Minister of the Ministry of Interior shall have charge and control of the execution of this Act.
Counter-signed General Surayud Chulanont
Prime Minister