Who Controls a Phuket Condominium After the Developer Hands It Over?

Concise answer

After a Phuket condominium is registered and units begin transferring, the building is not supposed to remain simply under the developer’s informal control.

The condominium juristic person is responsible for managing and maintaining the common property. Its governance normally involves:

• The registered juristic-person manager
• A committee of three to nine members
• Co-owners voting at general meetings
• Registered condominium regulations
• Resolutions passed in accordance with the Condominium Act

However, the developer may continue to exercise substantial influence if it:

• Owns many unsold units
• Holds substantial voting rights
• Appointed the initial manager
• Employs the management company
• Controls commercial areas or shared facilities
• Retains contractual rights through branding, rental or facility agreements
• Has representatives on the committee

A buyer should therefore investigate both the formal governance structure and the practical control of the development.

Detailed explanation

1. “Developer handover” is not one simple legal event

The phrase may refer to several different events:

• Construction completion
• Condominium registration
• Registration of the condominium juristic person
• First unit transfer
• Physical handover of units
• Transfer of common-property records
• First co-owner general meeting
• Appointment of an owner-elected committee
• Replacement or confirmation of the initial manager
• End of a developer subsidy
• End of developer control over building operations

These events may occur on different dates.

A buyer should ask exactly what has been handed over, to whom and under which documents.

2. The condominium juristic person is the management entity

A registered condominium has a condominium juristic person created under the Condominium Act.

Its principal purpose is to manage and maintain the common property for the benefit of the co-owners.

The juristic person is distinct from:

• Developer
• Construction company
• Sales company
• Hotel operator
• Rental manager
• Property-management contractor
• Individual unit owners

The Department of Lands confirms that the juristic person manages common property according to the Act, regulations and co-owner resolutions, with the manager acting as its representative. dol.go.th

3. The developer may establish the initial governance structure

When registering the condominium and condominium juristic person, the developer normally submits:

• Condominium regulations
• Initial common-property arrangements
• Expense provisions
• Initial manager information
• Ownership ratios
• Plans and supporting documents

This gives the developer substantial influence over the starting structure.

The first regulations may address:

• Use of private units
• Use of common property
• Common expenses
• Management powers
• Meeting procedures
• Restrictions
• Parking
• Pets
• Renovations
• Rental operations
• Commercial activities

Registration does not necessarily mean that independent owners negotiated these terms.

4. The first general meeting is an important transition

The initial manager must arrange the first co-owner general meeting within six months of registration of the condominium juristic person.

The meeting considers matters including:

• Appointment of the committee
• Approval or review of the regulations
• Approval or review of the initial manager
• Initial building-governance arrangements

Department of Lands guidance identifies this first meeting as the process for appointing the committee and considering the regulations and manager initially registered by the project owner. dol.go.th

This is an important step toward owner participation, but it does not automatically eliminate developer influence.

5. Only registered owners are co-owners

Voting rights belong to the registered unit owners.

A person who has:

• Signed a reservation
• Signed an off-plan contract
• Paid the full purchase price
• Taken possession
• Furnished the unit
• Entered a rental programme

but has not received registered ownership is not yet the registered co-owner merely because of those actions.

The registered developer or other titleholder ordinarily retains the vote until ownership is transferred.

This can be important where many units have been sold contractually but remain registered in the developer’s name.

6. Leasehold purchasers may not have an owner’s vote

Where a unit is leased rather than transferred, the lessor remains the registered owner.

The leaseholder does not automatically receive statutory co-owner voting rights.

Participation may depend on:

• Lease wording
• Power of attorney
• Proxy
• Lessor cooperation
• Condominium regulations
• Applicable law

A long-term lease should not be assumed to provide the same governance rights as registered ownership.

7. Voting normally follows common-property ownership ratios

Each co-owner’s vote is generally based on their registered ownership ratio in the common property—not simply one vote per unit.

The Department of Lands confirmed in 2026 that voting under Section 45 follows each co-owner’s common-property ownership proportion. dol.go.th

The ratio may be related to the registered area of each unit.

A large unit may therefore carry more voting power than a smaller unit.

8. A single majority owner’s voting power is limited

If one co-owner holds more than half of the total votes, Section 45 generally reduces that owner’s voting power to the combined votes of the remaining co-owners.

For illustration:

This rule limits absolute control, but it does not make the developer’s influence insignificant.

The Department of Lands has specifically applied this principle to units still registered in a developer’s name. dol.go.th

9. Unsold units still give the developer voting rights

Units that have not transferred remain registered to the developer or another titleholding entity.

Those units generally carry:

• Ownership interest
• Expense obligations
• Meeting participation rights
• Voting rights

The buyer should determine:

• Number of units transferred
• Number still registered to the developer
• Common-property ratios attached to those units
• Whether different companies hold separate groups of units
• Whether affiliated companies vote independently

The single-owner voting limitation may not necessarily address every structure involving multiple legally separate but related owners.

10. The manager represents the juristic person

The manager is not merely a building supervisor.

Under the Condominium Act, the manager’s functions include:

• Carrying out lawful activities under the juristic person’s objectives
• Implementing the regulations
• Implementing lawful meeting and committee resolutions
• Acting in urgent situations concerning building safety
• Maintaining security and order
• Representing the juristic person
• Preparing and displaying financial reports
• Pursuing applicable common-expense debts

The manager’s authority must still be exercised consistently with the Act, regulations and valid resolutions. dol.go.th

11. The manager may be a person or management company

The registered manager may be:

• Individual
• Professional manager
• Developer representative
• Juristic-person employee
• Property-management company
• Other qualified juristic person

Where a company is appointed, the buyer should identify:

• Registered company
• Authorised representative
• Management contract
• Contract duration
• Fees
• Termination rights
• Related-party relationships
• Scope of work
• Insurance
• Financial controls

The company operating the reception desk may not necessarily be the party registered as manager.

12. The manager must be appointed through the proper process

The appointment of the manager is made by a co-owner general-meeting resolution under Sections 35/2 and 49.

The appointment requires at least one-quarter of the total co-owner votes, and the manager must register the appointment with the competent official within 30 days.

The Department of Lands confirmed these requirements in 2026. dol.go.th

A second meeting without an ordinary quorum does not remove the statutory minimum vote required for appointing a manager.

13. The manager can be removed

The manager may leave office because of:

• Death or termination of the appointed juristic person
• Resignation
• Expiry of the management term
• Loss of qualification
• Statutory disqualification
• Breach of the Act or regulations
• Breach of management contract
• General-meeting removal

A qualifying co-owner resolution can remove the manager and appoint a replacement.

A developer-appointed manager is therefore not necessarily permanent.

14. The committee supervises governance

The committee normally consists of between three and nine members appointed by the co-owner general meeting.

Its functions include:

• Monitoring the manager
• Supervising juristic-person operations
• Calling meetings
• Reviewing building administration
• Acting under the regulations and resolutions
• Appointing an acting manager in limited circumstances

The Department of Lands confirms that committee members are appointed by the general meeting and that the appointment must be registered within 30 days. dol.go.th

15. Committee members normally serve two-year terms

Committee members generally hold office for two years.

A committee member may be reappointed but ordinarily should not serve more than two consecutive terms unless another qualified person cannot be found.

If a replacement committee has not been appointed when the term expires, the outgoing committee may continue performing its functions until the new committee assumes office.

The annual meeting should not simply ignore expired terms indefinitely.

16. The committee and manager are not the same

The manager handles executive administration and represents the juristic person.

The committee provides supervision and governance.

A committee should not assume the manager’s legal representative role without proper authority.

17. An acting manager can be appointed temporarily

If there is no manager, or the manager cannot perform normal duties for more than seven days, the committee may appoint one committee member to act as manager.

This is a temporary governance safeguard.

It does not allow the committee to avoid the general-meeting appointment process permanently.

The Department of Lands has confirmed the limited acting-manager power under Section 38(2). dol.go.th

18. Annual general meetings are mandatory

The committee must arrange an annual general meeting within 120 days after the end of the condominium juristic person’s accounting year.

The meeting considers matters including:

• Financial statements
• Annual report
• Appointment of auditor
• Committee matters
• Other properly notified business

Department of Lands guidance confirms the annual-meeting timing and principal agenda requirements. dol.go.th

A building that repeatedly fails to hold proper annual meetings deserves closer investigation.

19. Owners may request an extraordinary meeting

An extraordinary general meeting may be called by:

• Manager
• Committee through the required committee resolution
• Co-owners holding at least 20% of the total votes through a signed written request

Where qualifying owners request the meeting, the committee must generally arrange it within 15 days. If it fails to do so, the requesting owners may be able to arrange the meeting themselves through an appointed representative.

The Department of Lands has confirmed this owner remedy under Section 42/2. dol.go.th

20. Meeting notices must contain an agenda

A general-meeting notice should be in writing and identify:

• Place
• Date
• Time
• Agenda
• Matters proposed
• Reasonable supporting details

It must generally be sent at least seven days before the meeting.

A material decision should not be hidden under a vague heading such as “other business” where proper specific notice is legally required.

21. The first meeting needs a quorum

A general meeting ordinarily requires attendees holding at least one-quarter of the total voting rights.

If the first meeting lacks a quorum:

• A new meeting should be called within 15 days.
• A fresh notice and supporting documents are still required.
• The second meeting is not subject to the same ordinary quorum requirement.

However, specific statutory voting thresholds still apply to matters such as appointing a manager or changing specified regulations.

The Department of Lands distinguishes between the meeting quorum and the minimum votes required for a particular resolution. dol.go.th

22. Low attendance can produce major practical consequences

Although a reconvened meeting may proceed without the ordinary quorum, a small number of participating owners may influence:

• Committee appointments
• Budgets
• Contractor decisions
• Management direction
• Building rules
• Maintenance priorities
• Litigation strategy

Owners who ignore notices may still be affected by valid resolutions.

International owners should maintain reliable contact details and arrange a lawful proxy when they cannot attend.

23. Proxies are regulated

A co-owner may appoint another person in writing to vote on their behalf.

However:

• One proxy holder generally cannot hold proxies for more than three units at the same meeting.
• Certain people are prohibited from acting as proxy, including committee members, the manager, specified spouses and relevant employees.
• Corporate owners may participate through authorised corporate representatives.

Department of Lands guidance confirms the statutory proxy restrictions. dol.go.th

The owner should use the prescribed or accepted proxy form and attach supporting identification or corporate documents.

24. Ordinary and special resolutions are different

Not every decision can be passed by a simple majority of those attending.

The Act establishes enhanced voting requirements for matters such as:

• Appointment or removal of manager
• Alteration affecting common property
• Certain changes to expense ratios
• Acquisition or disposal of immovable common property
• Material changes to common-property use or management
• Construction or improvement of common property
• Obtaining financial benefit from common property
• Certain amendments to registered regulations

The buyer should verify which statutory section applies to the proposed decision.

25. Registered regulations cannot be changed informally

A manager, committee or developer cannot validly change registered condominium regulations merely by:

• Issuing a notice
• Sending an email
• Updating a resident handbook
• Changing a management contract
• Posting a new rule in the lobby
• Inserting a term into a rental agreement

A qualifying general-meeting resolution may be required, followed by registration with the competent official.

The Department of Lands explains that material amendments concerning common-property use or management require the applicable special resolution. dol.go.th

26. Operational rules and registered regulations should be distinguished

The manager may issue reasonable operating procedures consistent with existing authority.

Examples may include:

• Pool opening hours
• Contractor access procedures
• Moving schedules
• Delivery procedures
• Security registration
• Waste-disposal arrangements

However, an operating procedure should not contradict:

• Condominium Act
• Registered regulations
• Valid general-meeting resolution
• Registered property rights
• Applicable consumer or contract law

A rule’s label does not determine its legal validity.

27. The developer may retain commercial contracts

Even after owners elect a committee, the development may remain subject to contracts involving:

• Management company
• Hotel operator
• Brand
• Rental programme
• Maintenance contractor
• Security company
• Internet provider
• Energy supplier
• Shuttle service
• Beach club
• Shared-facility operator

The buyer should determine:

• Who signed each contract
• Whether the juristic person is bound
• Contract duration
• Termination rights
• Fee escalation
• Related-party status
• Service standards
• Dispute procedure
• Whether owners approved it

A long-term contract can preserve practical developer influence even when formal voting control declines.

28. Shared facilities may sit outside juristic-person control

A project’s advertised facilities may be owned by:

• Developer
• Hotel company
• Separate juristic person
• Neighbouring development
• Private club
• Landholding company

The condominium juristic person may have only:

• Licence to use
• Lease
• Service agreement
• Easement
• Conditional access
• No registered right at all

Owners should not assume that the committee controls every pool, road, beach club or reception area shown in project marketing.

29. Branding may not equal owner control

A branded residence may use a hotel or international brand for:

• Building standards
• Management
• Marketing
• Rental services
• Design approval
• Guest services
• Brand compliance

The brand agreement may limit the owners’ practical freedom to:

• Replace management
• Change operating standards
• Reduce services
• Alter common areas
• Use another rental operator
• Remove branding

These contractual restrictions should be reviewed separately from statutory condominium governance.

30. Financial control requires more than one signature

Good governance should include safeguards concerning:

• Bank accounts in juristic-person name
• Authorised signatories
• Payment approval
• Procurement
• Related-party transactions
• Cash handling
• Accounting access
• Monthly reports
• Annual audit
• Reserve funds
• Sinking-fund withdrawals
• Contractor invoices

A manager should not have unchecked control over collections, contracting, payments and accounting.

31. Owners should receive meaningful financial information

The manager is required to prepare monthly income-and-expense reporting and make it available in accordance with the Act.

The annual meeting also considers audited financial information.

A buyer or owner should investigate if:

• Accounts are consistently late
• Financial statements are unavailable
• Bank balances cannot be reconciled
• Sinking-fund use is unexplained
• Related-party contracts are not disclosed
• The auditor repeatedly identifies weaknesses
• Cash expenses are unusually high

Governance quality directly affects the building’s maintenance and value.

32. The developer should pay applicable expenses on retained units

The developer remains a co-owner for units still registered in its name.

Those units should carry the applicable common-expense responsibility under the Act and regulations.

The buyer should check:

• Developer account balance
• Whether fees are actually paid
• Whether fees are waived
• Whether subsidies are offset informally
• Whether developer arrears are disclosed
• Whether voting occurs despite arrears

An owner-controlled building can still face financial difficulty if the developer fails to contribute for a substantial unsold inventory.

33. Arrears may affect voting rights

A co-owner who has been in arrears for the statutory period may lose voting rights while the arrears remain unpaid.

The manager should maintain accurate records when preparing:

• Attendance list
• Voting register
• Proxy list
• Vote calculations

Selective enforcement can distort governance.

The buyer should ask how the building verifies voting eligibility.

34. Management-company replacement is possible but must be planned

Owners dissatisfied with management should first determine:

• Who is the registered manager
• Who is merely the service contractor
• Contract term
• Termination clause
• Notice period
• Required vote
• Handover obligations
• Bank and accounting control
• Employee arrangements
• Data ownership
• Pending litigation
• Access systems and passwords

Removing the registered manager without arranging an orderly transition can leave the juristic person unable to issue certificates, operate accounts or represent itself effectively.

35. Owner disagreement is not automatically developer misconduct

A building may face legitimate differences over:

• Fee levels
• Renovation
• Rental restrictions
• Pets
• Parking
• Noise
• Short-term letting
• Facility access
• Major repairs
• Management standards

A decision that one owner dislikes is not necessarily unlawful.

The correct questions are:

• Was the decision within legal authority?
• Was proper notice given?
• Was the meeting valid?
• Was the correct voting threshold used?
• Was the resolution recorded and registered where necessary?
• Does it conflict with superior law or existing rights?

36. Meeting records are crucial

The juristic person should maintain proper records of:

• Notices
• Agendas
• Attendance
• Proxies
• Voting ratios
• Resolutions
• Minutes
• Supporting documents
• Registrations

Before purchasing, the buyer should review recent meeting minutes for:

• Disputes
• Contested elections
• Management replacement
• Fee increases
• Special assessments
• Major contracts
• Developer voting
• Shared-facility issues
• Litigation
• Proposed regulation changes

Minutes often reveal governance risks that are invisible during a property viewing.

37. Land Office registration should be checked

Certain governance changes must be registered, including applicable changes involving:

• Manager
• Committee
• Regulations
• Juristic-person particulars

The buyer should compare:

• What management says
• Meeting resolutions
• Registered Land Office records

A person acting as “manager” operationally may not be the currently registered legal representative.

38. The Department of Lands does not manage the building

The Department of Lands registers applicable condominium matters and provides administrative guidance.

It does not ordinarily take over daily management or resolve every private governance dispute.

Disputes may require:

• Internal written complaint
• Committee review
• General meeting
• Registration application or objection
• Negotiation
• Mediation
• Civil litigation
• Criminal complaint where genuinely applicable
• Independent legal advice

Department of Lands Q&A responses also regularly state that contested private rights may ultimately require determination by a court.

39. Buyers should assess governance before purchase

The governance review should include:

• Registered regulations
• Current manager
• Current committee
• Management contract
• Recent meeting minutes
• Developer voting position
• Unit-transfer percentage
• Financial statements
• Auditor reports
• Related-party contracts
• Shared-facility agreements
• Pending disputes
• Planned management changes

Governance should be assessed with the same seriousness as title, foreign quota and construction quality.

40. Control evolves as the development matures

A new development may move through several stages:

Handover is therefore a transition—not a single moment when all developer influence disappears.

Governance responsibility comparison

Practical buyer checklist

1. Confirm the condominium-registration date.
2. Confirm the juristic-person registration date.
3. Identify the first general-meeting date.
4. Obtain the registered condominium regulations.
5. Obtain all registered amendments.
6. Identify the registered manager.
7. Confirm the manager’s appointment date.
8. Review the manager’s term.
9. Obtain the management contract.
10. Identify the operational management company.
11. Determine whether it is related to the developer.
12. Identify current committee members.
13. Confirm committee appointments are registered.
14. Review committee terms.
15. Obtain recent annual-meeting minutes.
16. Obtain extraordinary-meeting minutes.
17. Review meeting notices and agendas where relevant.
18. Examine disputed or closely decided resolutions.
19. Confirm the voting ratio attached to the unit.
20. Confirm how many units remain developer-owned.
21. Calculate the developer’s registered voting position.
22. Identify units owned by developer affiliates.
23. Confirm whether purchasers awaiting transfer can vote.
24. Review governance rights attached to any leasehold structure.
25. Check proxy procedures.
26. Review owner-arrears levels.
27. Confirm whether the developer pays for unsold units.
28. Review monthly financial reports.
29. Review audited annual statements.
30. Check bank-signature and payment controls.
31. Review related-party contracts.
32. Review shared-facility agreements.
33. Identify hotel, brand and rental-management agreements.
34. Review the termination provisions in those agreements.
35. Confirm who owns advertised facilities.
36. Confirm whether facility rights are registered or contractual.
37. Identify pending manager or committee changes.
38. Check whether any governance dispute is in court.
39. Ask whether any resolution has been challenged.
40. Confirm whether proposed regulation changes are pending.
41. Verify Land Office records where material.
42. Do not rely solely on the sales team’s description of “owner management.”
43. Obtain independent Thai legal advice for unusual control structures.
44. Remain active in meetings after purchasing.

Greg’s professional perspective

A buyer is not purchasing only the space inside a condominium unit. The buyer is joining a shared ownership and governance structure that will influence maintenance, costs, facilities, rental policy and future resale value.

Before recommending a Phuket condominium, I want clear answers to six questions:

1. Who is the registered manager?
2. Who sits on the committee?
3. How many voting rights does the developer still control?
4. Which important contracts remain connected to the developer?
5. Do owners receive transparent financial and meeting information?
6. Can the building change management through a workable legal process?

Developer involvement is not automatically negative. An experienced developer may provide stability, staff, systems and financial support during the building’s early years. The concern is undisclosed or unaccountable control—especially where owners are told they govern the building but cannot access records, review contracts or influence decisions.

The strongest condominiums generally combine professional management with active, informed and realistic owner oversight.

Understanding that structure before purchasing helps international buyers Invest with Confidence.

Applicable date

Current as reviewed on: 28 October 2026

Thai condominium law, Department of Lands procedures, registered condominium regulations and governance practices may change. This entry should be reviewed following a relevant legislative, regulatory, judicial or administrative change.

Location and property types

Location: Phuket, Thailand
Primary property type: Registered condominium units
Ownership types: Foreign freehold, Thai freehold and leasehold interests
Transaction types: Off-plan purchases, completed developer units and resales
Buyer type: International buyers, investors, retirees, holiday-home purchasers and owner-occupiers

Verified legal and authoritative sources

• Condominium Act B.E. 2522 (1979), Sections 4 and 30–33 — condominium definitions, regulations, juristic-person registration and common-property management.
• Condominium Act, Sections 35–36 — appointment, status, powers and duties of the manager.
• Condominium Act, Sections 37–38 — appointment, terms and duties of the condominium committee.
• Condominium Act, Sections 42–43 — first and annual meetings, extraordinary meetings, notices and quorum.
• Condominium Act, Sections 44–47 — resolutions, voting ratios and proxy rules.
• Condominium Act, Sections 48–49 — special voting requirements for specified governance decisions.
• Department of Lands condominium-registration guidance — official guidance concerning the first general meeting and governance registration. dol.go.th
• Department of Lands Q&A dated 7 May 2026 — voting rights of registered owners, developer-owned units and proxy requirements. dol.go.th
• Department of Lands Q&A dated 24 June 2026 — manager appointment, statutory voting threshold and acting-manager provisions. dol.go.th
• Department of Lands Q&A dated 16 July 2026 — voting according to common-property ownership ratios. dol.go.th
• Department of Lands Q&A dated 24 July 2026 — statutory proxy restrictions. dol.go.th
• Phuket Provincial Land Office — responsible for registering applicable Phuket condominium juristic-person matters.
• Thai Courts of Justice — responsible for determining contested private rights and civil disputes.

Related questions

• What is a condominium juristic person in Thailand?
• When does a developer hand over a Phuket condominium?
• Who appoints the initial condominium manager?
• When must the first co-owner meeting be held?
• Who can sit on the condominium committee?
• How long does a committee member serve?
• What is the difference between the manager and committee?
• Can the developer remain the building manager?
• Can owners replace a developer-appointed manager?
• How many votes are required to appoint a manager?
• How are condominium votes calculated?
• Does each unit receive one vote?
• Can a developer vote for unsold units?
• What happens if the developer owns more than half of the building?
• Can an off-plan buyer vote before transfer?
• Can a condominium leaseholder vote?
• Can an owner appoint a proxy?
• How many proxies can one person hold?
• Who cannot act as a meeting proxy?
• What is the quorum for a co-owner meeting?
• What happens if the first meeting lacks a quorum?
• Can owners call an extraordinary general meeting?
• How much notice is required for a general meeting?
• Can rules be changed under “other business”?
• Who can amend condominium regulations?
• Must regulation changes be registered?
• Can the committee remove the manager?
• Who acts if the condominium has no manager?
• Can a management company control the juristic person?
• Can a developer bind owners to a long-term management contract?
• Who controls shared hotel or beach-club facilities?
• What documents reveal developer control?
• What governance records should a buyer examine?
• Can owners challenge an invalid resolution?
• Does the Department of Lands resolve management disputes?
• How does poor governance affect condominium value?

Knowledge-catalog administration

Disclaimer

This entry provides general educational information and does not constitute legal, property, contract, accounting, investment or financial advice. Condominium governance depends on Thai law, registered regulations, ownership ratios, meeting procedures, resolutions, management contracts and the particular development structure. Buyers and owners should obtain case-specific advice from a qualified independent Thai condominium lawyer before relying on voting rights, challenging a resolution or entering an unconditional transaction.