Legal service for foreign clients
Condominium and Housing Estate Juristic Person Disputes in Thailand
Most condominium conflicts do not begin with the law; they begin with a resolution passed at a meeting that was convened the wrong way.
Quick answer
This practice covers disputes between co-owners and a condominium juristic person under the Condominium Act, and between members and a housing estate juristic person under the land allocation legislation: recovery of unpaid common area fees, annulment of improperly convened general meetings, audits of sinking fund spending, replacement of the juristic person manager, and fights over common property put to the wrong use. From THB 25,000 per matter.
From THB 25,000 — From THB 25,000 for an opinion and demand letters; annulment actions and multi-unit recovery are quoted on volume. · Opinion within seven business days, filing in three to five weeks
Who this is for
- Committees recovering arrears from abandoned units
- Co-owners challenging a general meeting resolution as unlawful
- Foreign unit owners whose voting or access rights are being curtailed
- Estate buyers whose shared infrastructure was never transferred to the members' entity
- Managers facing allegations about fund expenditure
What you receive
- An opinion on whether the challenged resolution binds or can be set aside
- A staged arrears recovery plan with the pre-litigation measures in order
- Meeting notices and papers that satisfy both the by-laws and the statute
- A review of fund spending with the points that need correcting
- Pleadings with documentary evidence organised issue by issue
Documents to prepare
- The registered by-laws and every amendment
- Meeting notices, minutes and ballot records
- A unit-by-unit arrears ledger with the dates each debt fell due
- Three years of financial statements and auditor reports
- The unit title or the allocated land title involved
How it works
5-step process
- 1
Read the by-laws before the statute
The registered by-laws set quorum and voting thresholds that differ from project to project, and they usually decide the matter.
- 2
Test how the meeting was called
Notice periods, delivery methods and the stated agenda are each capable of voiding a resolution when a step was skipped.
- 3
Escalate arrears in the order the law supports
Start with a demand, then the restrictions the by-laws allow, then court; cutting utilities on your own initiative invites a counterclaim.
- 4
Keep the sinking fund apart from monthly funds
Spending sinking fund money on routine costs is the most common complaint and can expose committee members personally.
- 5
Leave the project a workable system
Once the dispute closes we tidy the by-laws, the notice templates and the collection routine so the next round never starts.
FAQ
Frequently asked questions
Can a unit be sold while fees are outstanding?
Almost never, since the land office registers a unit transfer only against written confirmation that nothing is owed to the building entity, so the seller either clears the balance or lets the buyer withhold it from the price at completion.
How many owners can force an extraordinary meeting?
The Condominium Act fixes a minimum share of votes among the requesting owners, and some by-laws set the bar higher, so the count runs on ownership ratio rather than headcount.
Can a foreigner sit on the committee?
Yes, if they own a unit and meet the by-law criteria; the practical constraints are meeting language and document signing rather than any statutory bar.
May the juristic person cut utilities to a unit in arrears?
It depends on whether the supply is provided by the juristic person or metered directly by the utility, and it needs a resolution and by-law backing, failing which a tort claim can come the other way.
How long is there to challenge a flawed resolution?
The Condominium Act allows only a short window from the date of the resolution, so waiting to see what happens often leaves nothing but a claim against the committee instead.
Who maintains roads and parks before an estate entity exists?
The developer remains responsible for the shared infrastructure until it is transferred to the members' entity or handed to the local authority under the statutory procedure, so buyers can press the developer directly.
Related services
Land & Real-Estate Lawyer — Title, Lease, Usufruct
Title due diligence, sale, lease, usufruct, superficies — and closing at Land Office.
Civil Litigation — Contract Breach & Damage Claims
Trial team across all Thai civil courts — from complaint to enforcement.
Debt Collection — Bounced Cheques, Enforcement, Seizure
Compliant collection under Debt-Collection Act, Cheque Act, and full enforcement.
Written by: Thai Law & Accounting Services — attorneys and licensed accountants
Reviewed by: Reviewed by a Notarial Services Attorney registered with the Lawyers Council of Thailand.
Last updated: 2026-08
Information as of August 2026. Government fees and processing times change — verify with the relevant agency before acting, or let our team verify for you.