The Duty of the Developer for the Joint Owner in Condominium Law between Thai Condominium Act and Singaporean Condominium Law : A Comparison Study

Abstract

Thai Condominium Act has details on roles of property developers on buying and selling condominiums, but excludes important details on common property and common property management. Since condominium has a large number of residents, it is easy for the residents to have some conflicts with each other. Apart from the problem of buying and selling contracts, life and property safety in the property is also an issue that most tenants concern. Buying and selling condominium is different from buying and selling other properties, and therefore, it requires some legal protection from the government.

When studying Singapore Condominium Law and In-depth Interview with developer, condominium manager, condominium staff, joint owner, it is found that Singapore has strong legislation in enforcing the property developers to comply with the law. Property developers have role and responsibility in maintaining common property and common utility maintenance. In addition, Singapore Condominium Law has specific details on the role of government in managing the building and maintaining common utilities. In the case that the property developers fail in their roles, the Singapore Condominium Law has clearly stated that criminal lawsuit will be filed upon the property developers.

The Singapore Condominium Law also specifies that the property developers have the role in managing the building before juristic condominium is formed. The developers are the trust of the building, whose roles start since the start of the condominium building until after the juristic condominium is formed and the power has legally been transferred to them. The power transfer from the developer to the juristic condominium is done under the supervision of Commissioner of Buildings, a government official. If Condominium Act in Thailand has been adjusted in line with Singapore condominium Law, it could heighten role and responsibility of developer and can also give some protection to buyers and joint owners.