Ownership
Who actually runs a Thai condominium: committee elections, voting weight and the anti-takeover vote cap
A condominium's juristic person is governed by an elected 3-9 member committee and general meetings where votes are weighted by unit size, not head count — but a Condominium Act cap stops any single owner (foreign or Thai) from outvoting everyone else combined, even one holding a majority of the building.
Right Way Phangan · Editorial
Updated 5 September 2026
If you buy into the 49% foreign-ownership quota of a Koh Phangan condo project, does owning a large share of the building give you control of how it's run? Not automatically — the Condominium Act's governance rules run on their own logic, separate from the ownership-quota mechanics covered in the condo foreign-ownership quota guide, and they cap how much voting power any one owner can hold regardless of how many units they own.
The committee: size, terms and who can sit on it
- Size — the juristic person's management committee has a minimum of 3 and a maximum of 9 members (Condominium Act Section 37).
- Term — two years per term, and a member may be reappointed but not for more than two consecutive terms.
- Election — committee members are appointed by resolution of the general meeting of co-owners, and the committee then elects its own chairman and vice-chairman (Section 37/4).
- Who's eligible — a unit owner, an owner's spouse, the legal representative of an incompetent or minor owner, one representative for a corporate unit owner, or one person per group of co-owners on a single unit (Section 37/1); no source reviewed found a nationality bar on committee membership itself.
- Who's disqualified — minors, incompetent or quasi-incompetent persons, and anyone previously removed from a condominium committee for dishonesty or convicted of certain offences (Section 37/2).
General meetings: votes are weighted, not one-owner-one-vote
At a general meeting, your vote isn't counted per person — it's weighted by your unit's ownership ratio (the same proportion used to calculate your share of the sinking fund and CAM fees). Quorum for a first general meeting is co-owners holding at least one-quarter of total votes; if that's not met, a second meeting is called (typically within 15 days) and proceeds without a minimum-quorum requirement, so a poorly-attended reconvened meeting can still pass resolutions.
The anti-concentration cap on a majority owner's vote
This is the detail most relevant to anyone eyeing a large stake in a small project: Section 45 caps the voting power of an owner who holds more than half of the building's total ownership ratio at no more than the combined votes of all other owners put together. In practice, owning a majority of the units — whether under the foreign 49% quota split across several units, or as a Thai majority owner — does not translate into majority control at a general meeting; the rest of the co-owners, voting together, can always match or outvote a single dominant holder.
Committee meetings, separately
Committee (not general) meetings run on different rules: quorum is at least half of the committee's members, decisions pass by majority, and — unlike the ownership-weighted general meeting — each committee member gets one vote regardless of how large a unit they personally own.
The practical takeaway
Buying condo units as a foreigner up to the 49% quota gets you ownership and, proportionally, a voting say — it doesn't get you boardroom control, and Section 45's cap is designed to prevent exactly that outcome for any single owner. If influence over building management (not just the unit itself) matters to your investment case, factor in the committee-election and vote-weighting mechanics before assuming a large stake equals control — and compare that against the very different governance-free structure of owning a standalone villa, covered in freehold condo vs leasehold villa.
Key points
- A condominium's management committee has 3-9 members serving 2-year terms (max 2 consecutive), elected by the general meeting; eligibility runs through unit ownership, not nationality (Condominium Act ss.37, 37/1, 37/4).
- General-meeting votes are weighted by each unit's ownership ratio, not counted per person — the same ratio used for sinking-fund and CAM-fee allocation.
- First-meeting quorum is 25% of total votes; a reconvened meeting after a failed quorum can pass resolutions with no minimum turnout.
- Section 45 caps any owner holding over 50% of the building's ownership ratio at no more than the combined vote of everyone else — a majority stake never converts into an unbeatable majority vote.
- Committee (board) meetings run separately from general meetings: quorum is half the committee, and each member gets one vote regardless of unit size.
Sources
- G.A.M. Legal Alliance — Thailand Condominium Act (Chapter 5: Juristic Person)
- Thailand Law Library (Siam Legal) — Condominium Act: Juristic Condominium (Sections 42-50)
- Thailand Law Library (Siam Legal) — Condominium Act: Juristic Condominium (Sections 37-41)
- Bangkok Post — To Vote, or Not to Vote: The Condominium Conundrum
General information, not legal advice. Thai property law is fact-specific — verify any structure with a licensed Thai lawyer before you commit. Independent legal due diligence is part of every transaction we handle.
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