LEGAL ANALYSIS OF ISSUES IN CONDOMINIUM MANAGEMENT

Abstract

According to the Condominium Act B.E. 2522 (1979), a condominium juristic person must have a manager, who may be either a natural person or a juristic person. If the manager is a juristic person, a natural person must be appointed to act on its behalf. The law stipulates basic qualifications for the manager, such as not being bankrupt, having no record of fraud, and no outstanding common area fees. However, it does not require any specific educational background, certification, or training—despite the fact that the manager plays a crucial role in overseeing income, expenses, and operations for the benefit of co-owners. In practice, when individuals or entities lacking relevant knowledge or experience are appointed, it can lead to mismanagement, non-compliance with standards, and significant damage to the condominium, its juristic person, and the co-owners. Therefore, it is necessary to amend the Condominium Act to include specific qualifications for those managing condominiums and serving as juristic managers. Additionally, a regulatory body should be established to supervise and monitor the performance of condominium managers and administrators, in order to safeguard the interests of co-owners and ensure proper governance of condominium juristic persons.