Non-Payment of Condo Common Fees: What Residents Must Know About the Rights the Juristic Person Does Not Have

Non-payment of condominium common fees: Residents must know which rights the juristic person does not have. Misunderstandings often arise between "personal rights" and "condominium regulations." Legally, the condominium juristic person has duties under the Condominium Act B.E. 2522 (1979) (and its amendment in 2008) empowering it to manage owners who fail to pay common fees. The complexity lies with "tenants," as they are not the direct owners of the property rights.

Here is what the juristic person can and cannot do according to the law.

1. Rights the juristic person has (according to law and regulations).

The juristic person often enforces measures by restricting use of "common property" as follows.

Suspension of access to common facilities: For example, tenants can be barred from using the swimming pool, fitness center, library, or recreational areas because common fees fund the maintenance of these spaces.

Suspension of parking sticker privileges: The juristic person can revoke permission to park vehicles in common areas.

Refusal to accept parcels/mail: The juristic person may decline to receive parcels on behalf of tenants, requiring them to collect items directly from the post office or courier, except for official government mail which must be delivered to the unit door.

Fines and surcharges: The juristic person can impose additional charges (penalties) at rates not exceeding 12% to 20% per year (as stipulated in regulations). This burden falls on the unit owner but may affect tenants if specified in the lease agreement.

2. Actions the juristic person "does not have the right" to take (unless special regulations apply).

Some measures overlap with rights violations and may expose the juristic person to lawsuits:

Cutting off water/electricity: * Electricity: The juristic person does not have the right to cut electricity since it is purchased directly from the electricity authority, except in cases where the juristic person pays the electricity bill upfront and collects payment from residents (courts generally view cutting electricity as violating basic residential rights).

Water supply: Supreme Court rulings state that if the "juristic person regulations" clearly allow water suspension for unpaid common fees, the juristic person may do so because condominium water often passes through communal tanks, which are common property.

Wheel locking or barring entry to units: The juristic person has no right to prevent tenants from entering their units or to lock doors because this interferes with peaceful possession of real property (it may be considered trespassing or unlawful detention).

Summary of legal status (referencing the Condominium Act).