Challenges in the Governance and Oversight of Condominium Juristic Person Managers

Abstract

This research consists purposes were 1. to study the concepts, theories, and legal principles regarding the supervision of condominium juristic person managers 2. to study the legal measures regarding the supervision of condominium juristic person managers under foreign laws and Thai laws 3. to study and analyze the legal problems regarding the supervision of condominium juristic person managers and 4. to find suggestions and guidelines for amending the law regarding the supervision of condominium juristic person managers. This study employs a qualitative research, collecting data from relevant legal documents of Thailand and foreign laws in comparison with Thai law. It also involves the study and analysis of secondary data from documents directly related to the research problem, which are then analyzed through content analysis. The research findings revealed 1) A study of concepts, theories, and legal principles regarding the supervision of condominium juristic person managers found that supervision of condominium juristic person managers still lacks key mechanisms for determining manager qualifications, training, certification and controlling performance standards. Furthermore, there is no central agency responsible for systematically inspecting or scrutinizing the behavior of managers 2) A study of legal measures regarding the supervision of condominium juristic person managers under foreign and Thai laws revealed that the Condominium Act should be amended to align with other countries, namely Canada (Ontario) United States (Hawaii) and the Hong Kong Special Administrative Region. This should stipulate special qualifications for individuals who manage condominium buildings and those who serve as condominium juristic person managers. An organization should be established to oversee and supervise the management of condominium managers and condominium juristic person managers 3) A study and analysis of legal issues regarding the supervision of condominium juristic person managers revealed that key issues requiring action include improving definitions and establishing guidelines that align with the current condominium landscape. This aims to prevent problems of opaque management, corruption or ineffectiveness within condominium juristic persons. It is proposed that Sections 4 and 38 of the law, along with other measures for the supervision of condominium juristic person managers, be amended. This includes establishing an organization or agency responsible for supervising condominium juristic person managers, as well as relevant agencies, to determine minimum qualifications for managers and issuing professional certificates or licenses. Including the establishment of a registry of certified juristic person managers and 4) Recommendations for amendments to the law regarding the supervision of condominium juristic person managers were found to suggest a mechanism for receiving complaints from co-owners and the participation of government agencies in supervision in order to promote transparency and truly protect the rights of condominium residents. It can also resolve legal issues that should further define appropriate qualifications.