Sai Mai condo management must cover flood damages, says top lawyer

Lawyer Kerdphol Kaewkerd cited a Supreme Court ruling in a similar lawsuit and the Condominium Act to support his Facebook comment on Monday.

He had made this comment in reference to the dispute between the owners of damaged cars and the company hired to manage the condominium in Sai Mai district.

The building’s underground carpark was flooded on Sunday, with several cars covered to the top in water.

After the flood subsided, the owners refused to remove their vehicles until the condo management agreed to compensate them for damages.

Kerdphol said the second paragraph of the Condominium Act’s Article 33 stipulates that the juristic entity has the responsibility to take care of the condo’s common property.

He said the carpark is common property and if the management knew the area was prone to flooding, then it was being negligent by not installing enough water pumps or taking steps to prevent flooding. Hence, he said, the management should be held liable for all damage sustained by the cars.

Kerdphol cited the Supreme Court’s ruling No 4493/2543 to back his comment. In this ruling, the company hired to manage a condo was ordered to compensate the owner of a unit after a pipe channelling rainwater overflowed and flooded the room.

He said the management was held responsible for the damage because it had failed to ensure the pipe worked properly.