NovCondo rules and co-owner rights in Cambodia
Buying a Cambodian condominium unit means buying into a co-owned building, not just a private apartment. Common areas, internal regulations, a management body, fee rules and voting procedures shape what you can do with the unit, whether you can rent it out, who pays for repairs and what happens if marketing promises differ from the building rules.
The legal frame: Sub-Decree No.126
The key public source for co-owned buildings is Sub-Decree No.126 on the Management and Use of Co-Owned Buildings. It covers management and use of co-owned buildings and mechanisms for registering private units. The foreign-ownership law separately states that foreign special co-owners carry the same obligations and burdens as Cambodian co-owners, within the limits of the foreign-ownership regime.
The practical point: a foreign owner's rights in the unit do not remove the duty to follow internal regulations, pay a share of common-area costs and respect common-area limits.
Internal regulations are not a brochure appendix
Sub-Decree No.126 says the developer must prepare internal regulations before announcing the sale or rent of private units. These rules operate as a mutual agreement among co-owners and must not contradict public order or law in force.
| What rules cover | Why it matters | What to request |
|---|---|---|
| Rights and obligations | Shows what the owner may do with the unit and common areas. | Full internal regulations |
| Expense shares | Sets maintenance, repairs and public-service payments. | Fee basis and budget |
| Decision procedure | Shows how rules and building decisions change. | Voting and meeting rules |
Common areas, parking, facades and roof
The public translation of Sub-Decree No.126 includes land, courtyard, stairs, parks or gardens, access ways, joint walls and common-service areas in common areas. Common areas are kept for the common benefit and use of co-owners, while ownership right is provided over private units.
An owner may dispose of a private unit, but not in a way that affects common areas, other co-owners' use, building solidity or original appearance. For the top floor, the text also states that the owner may not build a private-use structure on common areas or sell such a right to a third party.
Meetings, voting and management body
Co-owners should establish a management board or executive committee according to the internal regulations. The translated Sub-Decree No.126 says modification of internal regulations, maintenance or repair decisions and public-service payment decisions require an absolute majority of all co-owners. Demolition or rebuilding of an old or unusable co-owned building requires at least a 75% majority of all co-owners.
For a buyer, the question is not only today's management fee. It is also how future decisions on repairs, rule changes, extra costs and building management will be made.
Management fee, maintenance and reserve
Sub-Decree No.126 says all owners are jointly responsible for maintenance of common areas, with cost shares proportional to each lot value unless otherwise agreed or set by internal regulations. The fee basis therefore has to be checked in the specific building documents.
Reserve or sinking fund terminology was not found in the first official pass. That does not mean such charges never exist; ask about maintenance, repair budget, reserve-like charges and future special assessments in the internal regulations and management documents.
Arrears, penalties and enforcement
Penalty and arrears enforcement mechanics need a deeper source pass: the first official pass did not provide a complete universal rule. A buyer should ask what happens after unpaid management fees, late payment, a dispute with management, service restrictions, interest, penalties and collection procedure.
Do not accept "standard terms" verbally. For a remote investor, arrears and service restrictions can quickly become a practical problem.
Short-term rental and tenant use
This pass did not find a national co-ownership rule that directly bans short-term rental or subletting. So the page should not say short-term rental is banned by condominium law. The correct position is that restrictions may be building-specific and should be checked in the internal regulations, management agreement, house rules, insurance and local operational rules.
If the unit is bought for rental, ask before booking: is short-term rental allowed, is approval needed, is there a minimum lease term, what are the guest-registration rules, can tenants use amenities and what are the sanctions for breaches?
When marketing differs from building rules
A sales brochure may promise rooftop lifestyle, pet-friendly use, flexible rental, parking or amenity access. But the enforceable framework is usually in internal regulations, SPA, management rules and title documents. If a promise exists only in a presentation and not in the rules, or the rules say something different, treat it as a risk flag.
| Marketing says | Check in rules | Cautious action |
|---|---|---|
| Short-term rental allowed | Rental/subletting rules | Request written confirmation |
| Parking included | Parking right or allocation | Check unit-specific document |
| Rooftop for residents | Common-area access rules | Check limits and hours |
What to request before booking
- Internal regulations and any house rules for the building.
- Management body structure, operator details and decision procedure.
- Current management fee basis, maintenance budget and future repair or reserve-like charges.
- Common-area rights: parking, storage, rooftop, pool, gym, access cards and guest rules.
- Rental and subletting rules, including short-term rental and tenant amenity use.
- Arrears, penalties, late payment, dispute and service-restriction procedure.
- Written reconciliation of any marketing claim that matters to your use case.
Want to check a building's rules before reservation? Message the bot — we'll prepare the document request list and flag marketing claims that should be confirmed in writing.
Check building rulesor take the quiz →Frequently asked questions
Are internal regulations just a brochure attachment?
No. Under Sub-Decree No.126 the developer must prepare internal regulations before announcing the sale or rent of private units. They are the building's governance document: rights, obligations, expenses, decisions and use of common areas.
Can an owner change the facade or occupy a common area?
The public translation of Sub-Decree No.126 says disposal of a private unit must not affect common areas, other co-owners' use, building solidity or original appearance. Roof, land, access ways and common service areas do not become the personal property of a unit owner.
Are short-term rentals banned by condominium law?
This pass did not find a national co-ownership rule that directly bans short-term rental or subletting. Check the internal regulations of the specific building, the management agreement and other applicable rules.
Sources
Sub-Decree No.126 ANK.BK on the Management and Use of Co-Owned Buildings, Articles 1, 2, 4, 6, 8, 11, 12, 13, 14, 17 · Law on Providing Foreigners with Ownership Rights in Private Units of Co-Owned Buildings, Article 14 · EuroCham Advocacy Compass notes on co-owned building charge collection and residential building regulations. This is an editorial overview; the specific building rules must be checked in current documents before a deal.