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At the beginning of a new year,
The number 1 question people ask the most is,
"Can we not pay the common area fee?"
"If we don’t pay, what can and can’t the juristic person do to us?"
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Seems like there are financial problems right from the start of the year huh
But okay... I have answers for you.
Let’s start with… what is the common area fee?
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The common area fee is
Money collected by the condominium juristic person
Or the project juristic person
From co-owners/residents
To maintain and take care of the project under their management.
Water bills / electricity bills / maintenance costs / garbage collection / security guard, housekeeper, or other staff salaries,
To keep it peaceful, clean, and orderly.
The spending of this money
Varies by project characteristics.
There’s no set minimum proportion.
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Regarding the collection of the common area fee,
Mostly, residents with a higher ownership proportion
Will bear more responsibility
According to their ownership ratio.
The collection method is based on proportion,
How many baht per square wah, how many baht per square meter.
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For example, if a house has 100 sq.wah,
And the common fee is 30 baht per sq.wah,
The calculation is area x common fee x month.
It becomes 100 x 30 x 12 = 36,000 baht/year.
(If you want monthly, just don’t multiply by 12.)
Whether it's paid every 6 months or 12 months
Depends on the resolution from the residents’ meeting of that project.
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And every year,
The juristic person must prepare income and expense accounts and financial statements,
And publicly post them for residents to know
How the money has been spent.
If they fail to do so, there’s a penalty fine.
The agency overseeing the fines
Is the investigation officer.
(For village juristic persons, it’s not compulsory to post.)
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Before buying any project,
It’s recommended to check the juristic’s income and expenses.
If there’s a big deficit,
Be cautious that the project
Might have many hidden problems.
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Collected questions
Q1: Is it illegal if the project has no juristic person?
A1: It’s a requirement since building registration.
In the management rules,
The establishment of a juristic person is defined from the start.
If there is no juristic,
It should be specified since registration that it’s not required.
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Q2: What determines the fee amount and where does it come from?
A2: The collection amount
Is based on the number of units in the project.
If there are many units,
The average per unit is cheaper.
If there are fewer units,
The average per unit is higher.
And the xx baht per area rate
Comes from the rate registered by the project developer
(Which can be changed later.)
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Q3: Is there a legal minimum-maximum fee per area?
A3: No, because each project is different.
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Q4: I don’t live there. I don’t use common areas at all. Can I skip the fee?
A4: No wayyy!!!
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Q5: If I see the juristic misusing the money, which agency can I complain to?
A5: Office of the Consumer Protection Board (OCPB).
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Q6: If a resident is overdue, does the juristic have the right to charge late interest as announced?
A6: Yes, they do.
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Q7: If we don’t pay, can the juristic cut water, electricity, cancel key cards, block entry/exit, ban using elevators, common areas, gym, pool, or clamp our car?
A7: The juristic cannot do that.
They must pursue through the court.
Because "common area fee"
Is a specific statutory debt,
Not a contractual debt.
It’s not like a fitness membership fee
Or mobile phone fee
Which is based on a contract
And service can be suspended when overdue.
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As for roads to one’s own house,
Legally, it’s an easement.
You can still access your house as usual.
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(But if calling technicians/staff
To work inside your house,
Like installing internet or gas,
Those staff may be denied access.)
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Q8: What is the statute of limitations for collecting common area fee debt?
A8: 5 years. If the co-owner/resident delays for more than 5 years, sometimes 7 or 10 years,
Retroactive claims can be made for only 5 years.
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Q9: If we buy a house and later find the previous owner owed fees, can the juristic charge us?
A9: This usually happens in housing estates.
Which do not require a debt clearance certificate like condos.
The juristic must collect from the previous owner.
The new owner has no obligation to pay.
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Q10: What is a debt clearance certificate?
A10: It’s a document issued by the juristic
Confirming no outstanding debts.
Without it,
Ownership cannot be transferred.
For housing estates,
It’s not mandatory to issue this.
But if it’s known that the resident
Owes more than 6 months,
The juristic manager
Can notify the Land Department to suspend (seize)
All transactions.
(If overdue for 3 months, usage rights can be suspended.)
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Q11: If the project still has unsold units, who pays the common area fees for those?
A11: The developer pays.
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Q12: What is included in common property?
A12: The following properties are considered common:
(1) Land on which the condo is built (e.g., lawn, garden area).
(2) Land used or for mutual benefit (e.g., parking lots, decorative gardens).
(3) Structures and constructions ensuring stability and preventing damage to the building (e.g., columns, roofs, rooftops).
(4) Buildings or parts and equipment for mutual benefit (e.g., parking buildings, balconies, stairs, walkways).
(5) Tools and equipment for mutual benefit (e.g., lawn mowers, water pumps, project shuttle buses).
(6) Facilities serving the entire condo (e.g., library, pool, sports fields, playground).
(7) Other properties for mutual benefit (e.g., elevators, guest chairs, sofas, chandeliers, trash bins).
(8) Condominium juristic office (added per Condominium Act No.4 B.E. 2551 Section 8).
(9) Properties acquired under Section 48 (1) (added per Condominium Act No.4 B.E. 2551 Section 8).
(10) Constructions or systems for safety or environmental control inside the condo, such as fire prevention, lighting, ventilation, air conditioning, drainage, wastewater treatment, or garbage disposal (added per Condominium Act No.4 B.E. 2551 Section 8).
(11) Properties maintained using money under Section 18 (added per Condominium Act No.4 B.E. 2551 Section 8).
(Reference: Condominium Act B.E. 2522 and Condominium Act No.4 B.E. 2551, Section 15.)
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Q13: Pork is expensive now. Can the juristic help residents?
A13: Ask your partner. Because even though pork, eggs, and veggies are expensive, your partner is always cheap.
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P.S. Illustrations from the internet.
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