A Comparative Study on the Legal Problems Affecting Business Management of Juristic Persons of Condominium and Housing Cooperatives base on the Condominium Act B.E.2522 and the Cooperative Societies Act B.E.2542
Abstract:
The underlying purpose of this thesis is to undertake a comparative study on the legal problems affecting business management of juristic persons of condominium and of housing cooperatives based on the Condominium Act BE. 2522 and the Cooperative Societies Act B.E. 2542 because the business management, of the juristic persons of condominium and the housing cooperatives have a similar objective to promote housing supply business characterized by both of the respective laws and by-laws.Therefore, the study found that both laws mentioned above are regarded as independent business laws intending to solve the problems of spiral high price of land and house, by promoting condominium business in the informal markets, which is for general people, and in the formal markets, which is for the members of housing cooperative, based upon the provisions of both laws respectively, for the lower andmiddle income groups of the people who live and naturally expand their family's members in the urban areas and who newly continuous migrated to be employed and live in the urban areas, particularly the Bangkok Metropolitan and its vicinities. The objectives of both laws are successful in a certain level, especially the influent of the Condominium Act B.E. 2522 in the informal markets.Also, the study's finding is that the legal character of the juristic persons of condominium is similar to "the registered partnership" of the Civil and Commercial Code of Thailand. As a result of legal aspect, all of the co-owners of the condominium operated by the juristic person of condominium may have to be jointly and unlimited liable for all obligations of the juristic person of condominium similar to the members of the registered partnership. And the legal character of the housing cooperatives is similar to "the limited company" of the above-mentioned Code. As a result of legal aspect, the members of the housing cooperative are considered to have a characteristic of the shareholders and the liability of the shareholders being limited to the amount, if any, unpaid on the shares respectively held by them.Furthermore, it is found by this study that there are existing other legal problems affecting business management of juristic persons of condominium and of housing cooperatives such as the problem of undifferentiation of condominium's types, the problems of the supervision of business management of juristic persons of condominium, the problem of condominium's dissolution by unanimous resolution, the problem of general meeting and its resolution and the problem of qualification of juristic persons of condominium's manager. The summary of the problems is made and the suggestions addressed to solve them are elaborated in the last chapter.