Samma Keetsin

Director of Sena Development Public Company Limited

A condominium, or condo, is a term borrowed from the English word Condominium or Condo, which can refer to either the entire building or to individual units within that building.

A condominium is a type of residential real estate where each unit within the property is owned individually, while the owners of these units share ownership of common areas, as defined and managed by a legal entity representing the collective owners.

Condominium is a commonly used term, especially in the United States and Canada, but it may have various legal names. For instance, in British Columbia, Canada, this type of property ownership is referred to as Strata Title, while in Quebec, it may be called Divided Co-property or Co-Ownership. In South Africa, it is known as Sectional Title.

In Thailand, we can refer to various definitions from the Condominium Act, which was first enacted in 1979 and has since been amended. The term “Condominium” refers to a building that allows individuals to separate ownership into parts, with each part comprising ownership of personal property and shared ownership of common property. If either type of ownership is absent, it does not qualify as a condominium, and the condominium must be registered according to the law.

The Condominium Act also defines “personal property” as the individual units and includes structures or land designated for the exclusive use of each unit owner, which cannot be used by other unit owners.

The term “unit” (using the English term Condominium similar to the term for the building, but for clarity, it may be referred to as Condominium Unit) refers to the part of the condominium that can be individually owned. According to the law (Ministerial Regulation No. 55, Clause 19), each residential unit must have a minimum living space of 20 square meters.

“Common property” refers to parts of the condominium that are not individual units, including the land on which the condominium is situated and any property designated for shared use or benefit among the co-owners. This includes structures and constructions for stability and protection against damage to the condominium, as well as shared facilities such as parking lots, swimming pools, sports fields, gardens, elevators, stairways, fences, central garages, water tanks, shared TV antennas, fire protection systems, lighting, ventilation, air conditioning, drainage, sewage treatment, waste disposal, etc., and any property for which the co-owners share maintenance costs.

When looking at building types, regardless of the country, it may be difficult to distinguish whether a building is a condominium or an apartment. The legal difference lies in ownership: if the builder sells the units to buyers, it is considered a condominium; if the builder retains ownership and rents the units to residents, it is classified as an apartment. However, unit owners in a condominium may also rent their units to those seeking residence.

Typically, condominiums are constructed with higher building standards, aesthetics, and quality materials, attracting potential co-owners. In some countries, the two terms may be used interchangeably.

In foreign countries, a condominium does not necessarily have to be a high-rise building; as long as there are common areas and the building has a shared roof and foundation with walls separating the units, it can be classified as a condominium.

Historically, the first condominium in the United States was built in 1960 in Salt Lake City, Utah, with the Utah Condominium Act enacted that same year. However, condominiums gained significant popularity later, particularly in Florida, as affluent individuals from the northeastern coast sought vacation homes that were cheaper than single-family homes at that time. Subsequently, many condominiums were constructed in major cities across the United States, including New York, San Francisco, Los Angeles, Chicago, and Boston, expanding to nearly every city.

Over the past 40 years, numerous high-rise buildings have been constructed throughout Asia, in line with the economic growth and development of those countries, including Thailand. Condominiums have become part of the phenomenon of high-rise buildings alongside office buildings and luxury hotels, starting in major cities in Japan, Hong Kong, Singapore, and metropolitan areas in the People's Republic of China, East Asia, and Southeast Asia.

Condominiums have been evident in Bangkok since before 1979, when the condominium law was enacted. In recent years, there has been a significant increase in condominium construction in Bangkok and coastal areas, as well as in major provincial cities. Major developers from central regions are increasingly focusing on developing projects in provincial areas, leading to the emergence of numerous condominiums even in smaller provinces across the north, northeast, central, and southern regions.