Trend of owning an apartment in Thailand is increasing day by day, as supported by glimpses of newspapers’ classified section and advertisement on billboards. According to definition of Condominium Act, 2008 of Thailand, an apartment is defined as a building that can be divided into units for individual ownership and where the owners are allowed to have ownership of a collective property.
In other words it can be defined as attached groups of townhouses or flats where the individual owners do buy a completely separate unit but have a shared ownership interests and responsibility for a common property. The number and dimensions are not specified and do not have any special rules and regulations.
According to condominium act, the list of common property include; the land on which the apartments are located, the land that is fixed for mutual benefits as well as the building and parts of building that are fixed to use for mutual benefit. In simple words these areas include, original land on which the property is situated, super structure of the building, hallways, lifts and stairs. While this also include sheltered parking areas, gardens, playgrounds, pools as well as gymnasiums.
These joint areas are distinguishing feature of condominiums that differentiate them from apartments. Although their architect is same but legally apartments cannot be registered under condominium act.
Although the foreigners can buy condominium, however they do not share common property rights and also are not eligible to participate in building management. Owners of condominium take a certificate from Land department, stating their right for ownership as well as their share in mutual property.
On the other hand, the apartments are taken as unregistered condominiums, where the individuals can lease their units while developer keeps rights of all units. All the shareholders share expenses for maintenance of common property of condominiums.
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