Inter-Reality Management (IRM) has disclosed the criminal penalties for individuals who violate the Condominium Act. Residents in condominiums who feel exploited by developers, board members, or juristic persons can file complaints with the government for justice, as the law clearly outlines the offenses and fines for non-compliance.

            Mr. Thanat Ek Wan Cham, CEO of Inter-Reality Management Co., Ltd. (IRM) and former president of the Property Management Association of Thailand, stated that various problems and obstacles in property management and condominium living often arise from different groups, including project owners, committees, juristic managers, and co-owners. The Condominium Act thus establishes penalties and criminal offenses for those who do not comply with the law. Therefore, if residents in a condominium do not receive fair treatment or are exploited by the actions of these individuals, they can report to the supervising government agency, as the law specifies clear penalties as follows:

In cases where developers violate Section 6/1, paragraph 1 and Section 6/2, paragraph 1 by failing to keep copies of advertisements or not using standard contracts issued by government agencies, they face fines of up to 100,000 baht. If they violate Section 6/1, paragraph 2 regarding advertising messages that do not match the registration request, they face fines ranging from 50,000 to 100,000 baht. Additionally, if they violate Section 17/1 regarding the separation of entrance and exit areas in cases where the condominium includes commercial space, they face fines starting at 50,000 baht and an additional 5,000 baht per day for the duration of the violation until corrected.

            For penalties concerning juristic managers, if they fail to comply with Section 29 regarding issuing debt clearance certificates to co-owners within 15 days, or do not comply with Section 36(5) regarding monthly income and expenditure accounting, or if they do but do not inform co-owners, they face fines of up to 50,000 baht and an additional fine of up to 500 baht per day for the duration of non-compliance. Furthermore, if the juristic manager violates Section 32, paragraph 2 by not registering amendments made by the general meeting within 30 days, and violates Sections 35/2, 37, paragraph 5, and 42, paragraph 1 regarding the registration of juristic managers and directors, as well as not holding the first general meeting within 6 months, they face fines of up to 5,000 baht.

            Mr. Thanat Ek further explained that in addition to developers and juristic managers, the law also imposes penalties on the chairperson of the condominium committee for failing to comply with Sections 37/5 and 38(3) by not calling a committee meeting when at least two committee members request one, or not holding committee meetings at least twice a year, facing fines of up to 5,000 baht. The penalties for juristic persons, chairpersons, and juristic managers who violate and do not comply with Sections 38/1, 38/2, and 38(3) regarding not preparing annual financial statements, not preparing annual operational reports, and not keeping financial statements, annual reports, and regulations at the office for government officials to inspect, face fines of up to 10,000 baht. If they do not comply with orders, obstruct, or fail to facilitate government officials during inspections under Section 60/1, they face imprisonment of up to 3 months or fines of up to 6,000 baht, or both imprisonment and fines.

            For penalties concerning co-owners or residents in a condominium, if they violate Section 48(3) regarding construction, decoration, modification, or alteration of units, they face fines of up to 100,000 baht. IRM has over 24 years of experience in property management for both condominiums and housing estates, including organizing general meetings and registering housing juristic persons. For more information about our services, please contact us at 0-2204-1077-82 or visit www.irm.co.th.