Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour :
A personne morale de copropriété (นิติบุคคลอาคารชุด, nitibukkhon akhan chut, abrégé CJP and often just called the juristic office) is the legal entity that every registered condominium in Thailand must have to manage its common property, collect the common expenses and represent the co-owners. It is registered at the Land Office together with the first transfer of a unit to a buyer and becomes a juristic person on that registration (Condominium Act B.E. 2522, Sections 31 and 33), and it acts through a juristic person manager appointed by the co-owners. For a foreign buyer it is the office that issues the quota letter and the debt-free certificate without which no transfer can be registered.
Table des matières
Qu'est-ce qu'une personne morale et qui la dirige
The CJP is the co-owners collectively, given legal personality. It does not own the building: the common property (land, structure, lifts, pool, corridors) belongs to the co-owners in proportion to their ownership ratios. The CJP holds a bank account, employs staff, signs maintenance contracts and can sue and be sued in its own name. Its constitution is the set of regulations filed at the Bureau foncier when the condominium was registered, which can be changed only by a resolution of the general meeting.
Le juristic person manager is the CJP’s legal representative, comparable to a company directeur. The manager may be an individual or a management company, is appointed by the general meeting under the Loi sur les condominiums and is registered with the Land Office, so that outsiders can check who has authority to sign. A committee of co-owners, elected at the same meeting, supervises the manager between meetings. Day-to-day the building is often run by a hired management company, but that company acts under the manager’s authority, not in its own right.
Lorsqu'un propriétaire étranger traite avec la personne morale
Before the purchase, the CJP office issues the foreign quota letter confirming that the unit can be held by a foreigner within the 49% quota d'étrangers, and the debt-free certificate under Section 29 of the Act confirming that the seller owes no common expenses. The Land Office will not register the transfer without both. The manager must issue the certificate within 15 days of a request once any arrears are settled, and a manager who fails to do so faces a fine of up to 50,000 baht plus up to 500 baht for each day the failure continues (Section 68).
After the purchase, the owner pays the monthly or annual common area fees to the CJP, attends or gives a proxy for the annual general meeting, and votes on the budget, the manager’s appointment and any special assessment. Votes are counted by ownership ratio, not by head, and a single owner holding more than half the votes is cut back to the combined votes of all the others (Section 45). Foreign owners who never attend often discover too late that a sinking fund levy or a rule banning short-term rentals was passed without them.
The common mistake is to treat the sales office of the developer as the juristic person. Until the first general meeting the developer usually controls the CJP, and its interests (unsold units, retained parking, exclusive rights to the ground floor) are not those of the owners. A copy of the regulations and the last audited accounts is part of any sensible vérifications nécessaires.
Quand la personne morale dérape
Most condominium disputes in Thailand are with the CJP rather than with neighbours. The usual grievances are unpaid fees by other owners, a manager who cannot account for the money, and a developer that refuses to hand over control. The remedies come from the Act and the regulations: co-owners holding the required share of votes (at least 20%, Section 42/2) can call an extraordinary meeting, remove the manager, appoint an auditor and, where the manager’s post falls vacant and leaving it empty is likely to cause damage, ask the court to appoint a temporary representative (Civil and Commercial Code Section 73).
Against a defaulting owner, the CJP can charge a surcharge of up to 12% a year on arrears, rising to up to 20% once they are six months old; from six months it can also suspend common services or the use of common property as the regulations allow (key cards for the pool or gym, for example), and the owner loses the vote at general meetings (Section 18/1). It can also refuse the debt-free certificate so the unit cannot be sold, and sue for the debt. It cannot cut off water or electricity supplied by the utility to the unit, and it cannot lock an owner out of the unit itself. In Supreme Court decision 10230/2553 the court ordered a juristic person to restore an owner’s water supply and hand over the owner’s access and car-park cards: common fees are a debt the Act leaves to be enforced through the courts, and regulations on the use of common property could not be turned into a means of forcing payment. The judgment does not apply Section 18/1, so for arrears of six months or more the statutory suspension above now governs.
Dernière mise à jour : 26 septembre 2026. Condominium Act B.E. 2522 sections 18/1, 29, 31, 33, 35, 36, 37, 37/1, 42, 42/2, 45, 48 and 68, Civil and Commercial Code section 73 and Supreme Court decision 10230/2553 (read to its disposition) were read in Thai.
Foire aux questions
Qu'est-ce qu'une personne morale de copropriété en Thaïlande ?
It is the legal entity formed by all the co-owners of a registered condominium to manage the common property, collect common expenses and represent the owners. It exists from its registration at the Land Office, which is made together with the first transfer of a unit (Condominium Act Sections 31 and 33), and acts through a manager appointed by the co-owners and registered at the Land Office.
Qui est le dirigeant de la personne morale et qui le nomme ?
The manager is the CJP’s legal representative, an individual or a company, appointed by resolution of the general meeting of co-owners and registered with the Land Office. The manager signs contracts, issues certificates and runs the building under the supervision of an elected committee.
La personne morale peut-elle refuser de délivrer un certificat de non-endettement ?
Uniquement tant que les charges communes afférentes au lot demeurent impayées. Une fois les arriérés apurés, le gestionnaire doit délivrer le certificat dans un délai de 15 jours. Le Bureau foncier n'enregistrant aucune vente sans ce document, les charges impayées bloquent de fait le transfert du lot.
Voir aussi : Frais de copropriété et fonds de réserve, Condominium Act B.E. 2522, Quota pour étrangers (49%), Personne juridique ET Acheter un appartement en Thaïlande.
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