Definition of Common Property within an apartment

[steveb0711]

Hi,

I’m really hoping someone can help me on this one. I’m new to this forum but have owned a condo in Phuket for the last four years.

 

I just don’t seem to be able to get a clear definition of what is COMMON PROPERTY within the condo. In Australia, where I live it’s clear; the owner owns up to, but not including the ceiling, and down to the floor, but not the floor structure. Same for all the external walls. Basically you own the airspace within the apartment.

 

I have tried to read all the various interpretations of the Thai Condominium Act (not very clear). I think I read somewhere that in Thailand common property is any shared wall/floor/ceiling within the condo. Internal walls that are not shared with another condo are the owners responsibility.

 

Does anyone know what you really own as part of the condo?

 

My issue is that there was a leaking tap “inside” a shared balcony wall. The water slowly leaked for many months and went unnoticed. The water slowly leaked under the tiles and found its way to the lowest point which was the drain. This separated the tiles from the concrete and adhesive and the tiles lifted.

 

The complexes’ building insurance said it was a wear and tear issue and denied the claim so now the juristic person and the building manager said we must pay for the repairs. I am saying that as the balcony is a shared balcony floor with another condo’s balcony roof it is common property.

 

Any thoughts or advice would be greatly appreciated. Thanks in advance.

 

 

[Peterw42]

I think you will find the definitions are similar to Australia. Technically a wall may be common property, but you are talking about tile damage, thats a wall/floor covering. Whos tap was leaking to cause the damage ? Beyond the meter the pipe/taps are not common property. The condo block could probably argue that your leaking tap caused damage to common property.

Tiles and tiling is incredibly cheap in Thailand.

 

 

Edited August 28, 2019 by Peterw42

[metisdead]

A troll post offering nothing of value to the discussion has been removed.

[Delight]

Private propery is the sum of all the apartments (i.e the areas)that have a condominium title deed.

Common property is the total property less the private property.

Analysing the drawing on my condominium title deed -I conclude that both the balcony wall and the corridor wall are not mine.

That said I have never read anything to confirm this . It is the only way that the numbers add up.

However it does make sense-i.e if I owned them then maybe I would have the right to remove them.

The transformer is common property .

i do not understand ' a leaking tap “inside” a shared balcony wall '

How can a balcony wall be shared?