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Clarity for condo owners
Source from
Bangkok Post: 27 Mar 2008

The rights of condominium buyers will be protected under an amended Condominium Act that will take effect on July 4, according to the Lands Department.

Surasith Sahasthamrangsee, the director of the department's Real Estate Promotion Office, said the new law clarified many issues that had been disputed between developers and unit buyers.

It makes developers accountable for claims made in their advertisements and imposes fines of 50,000 to 100,000 baht for violations.

Once the project is completed, the developer has to submit its brochure to the juristic person, the legal body that manages the condominium, to confirm that the finished product matches what had been claimed.

Mr Surasith said the law also set the standard for contracts and clarified that developers were responsible for the monthly common-area fees for unsold units.

If a unit holders fail to pay the fees, the juristic person can charge maximum interest per of 12% per year for one month overdue and up to 20% for payments that are six months overdue.

Regarding voting rights for the juristic person, any representative can vote on behalf of a maximum of three units. Developers must also provide an office for the juristic person.

Mr Surasith said there was concern that the new requirements did not cover projects that already had construction permits, especially with respect to the rule that developers had to create a different entrance for shops in condominium buildings in order not to disturb residents.

The new law also requires developers to specify exits from the project site to the main road.

Therefore, developers who already hold construction permits for designs that do not address the new requirement could have difficulty when they complete the building and register the establishment of a juristic person.

 
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