I've been asked to be a juristic person

[madmonk888]

I've been asked to be one of  the three  juristic perople at our condo block which is mostly Thai owned . Anyone had any experience or advice ?

Legally would I be bound to anything ?

[Inquisitorial]

Not sure what the Thai legal obligations are  however the Condo should have insurance protecting the office bearers, we have 2 farang's who are on the juristic committee for our condo block and they have not mentioned any negatives with being on the committee.  I see this as a positive as you will be able to ensure pro active maintenance and  you have more insight into the actual running on your condo block.  

 

If we were going to spend longer periods in Thailand I would consider nominating as it is one way of  ensuring your asset is maintained and keep eye on the Juristic office managers.

 

Obviously you would need to consider who  the other two owners are going to be to ensure you will be able to work with them.

 

 

 

 

[madmonk888]

Thanks Inquisitorial my thoughts exactly , just need to find out a bit more about what I am agreeing too :-) . So many condos get rented that there need to be someone to ensure the block is taken care of.

[topt]

1 hour ago, madmonk888 said:

Thanks Inquisitorial my thoughts exactly , just need to find out a bit more about what I am agreeing too :-) . So many condos get rented that there need to be someone to ensure the block is taken care of.

Have you seen this topic -

 

[trogers]

I am not aware that the Condo Act allows for 3 juristic persons to one block. Had always believed it is only 1 juristic person.

 

Note: a committee member is different from a juristic person.

 

Foreigners can be in the committee, but would need a work permit to hold the post of a juristic person.

[inThailand]

1 minute ago, trogers said:

I am not aware that the Condo Act allows for 3 juristic persons to one block. Had always believed it is only 1 juristic person.

 

Note: a committee member is different from a juristic person.

 

Foreigners can be in the committee, but would need a work permit to hold the post of a juristic person.

Yup. One JP Mgr and at least three board members. All of which must be voted in.

[madmonk888]

yes I have been voted in, have the relevant documentation and now apparently being registered at the Land Registry department if I am correct. They call it a juristic person and there are 3 of us but it could be a committee member, I can't say 100% for sure. Thanks for the link that is where I started my investigation. As long as I am not liable for anything I hope I can ensure the block remains well maintained and taken care of

[peterrabbit]

You are now effectively a part of the condo management, and there is nothing stopping a disgruntled owner suing you (personally or the full committee) for your actions, or lack of them, with regards the management of the condo. I think the management committee should have some form of insurance to cover legal disputes.

[meinphuket]

There can only be one juristic person, So I assume you mean that you have been asked to be a committee/board member ? The Juristic Person Manager is legally responsible, as defined in the condominium act, revised 2008.

[meinphuket]

15 minutes ago, peterrabbit said:

You are now effectively a part of the condo management, and there is nothing stopping a disgruntled owner suing you (personally or the full committee) for your actions, or lack of them, with regards the management of the condo. I think the management committee should have some form of insurance to cover legal disputes.

 

11 minutes ago, meinphuket said:

There can only be one juristic person, So I assume you mean that you have been asked to be a committee/board member ? The Juristic Person Manager is legally responsible, as defined in the condominium act, revised 2008.

Incorrect ! There are no provisions in the condomiium act  to allow for punishment of commitee members, only the juristic person, who should not pass or enact anything that is illegal.

[AlQaholic]

If you are a committee member you have little legal aspects to be afraid of. It is the Chair person of the committee that is the most exposed to legalities, together with the Juristic Person Manager.  All the possible fines and punishments are listed in the last few pages of the Condominium Act, including those of the Chair person and the Manager.

Note also, in the absence of a Manager (in case no one can be found or he resigns or is fired) the Chair person must assume the responsibilities of the manager until a replacement manager is in place. There is no time limit stipulated in the Act for this situation.

The act also stipulates clearly the required qualifications for a member of the committee.

Just an additional note, The Juristic Person is the Whole Condominium as a corporate entity. Representing this entity is the Manager and Committee Chair Person.

Edited September 15, 2017 by AlQaholic

[Delight]

8 hours ago, AlQaholic said:

 

Note also, in the absence of a Manager (in case no one can be found or he resigns or is fired) the Chair person must assume the responsibilities of the manager until a replacement manager is in place. There is no time limit stipulated in the Act for this situation.
.

Not quite true

Section 38 The Board shall have the power and duty as follows:

(2) Appointing a member to assume duties of the Manager of the condominium corporate in the case where there is no Manager or the Manager is unable to perform normal duties in excess of seven days.

  The committee has to find a Manager from the committee members. Any member will do- assuming that the volunteer satisfies Sections 37/1 and 37/2

[Hans Rayong]

In Thailand, anyone can go to court and accuse you of being a criminal. You do not need to go through police and prosecutors as in other countries. You must pay the bail to avoid custody and you may not leave Thailand. I speak of experience as the committee chairman in a condo in Pattaya.

[madmonk888]

On ‎15‎/‎09‎/‎2017 at 4:29 PM, Hans Rayong said:

In Thailand, anyone can go to court and accuse you of being a criminal. You do not need to go through police and prosecutors as in other countries. You must pay the bail to avoid custody and you may not leave Thailand. I speak of experience as the committee chairman in a condo in Pattaya.

Now that sounds scary ! by  a Thai or foreigner ? I just want to help take care of the condo block as so many condos are rented they just don't care as much . I don't want to be involved in politics, legal battles, law suits or any of that ****

[Delight]

On 15/09/2017 at 10:29 PM, Hans Rayong said:

In Thailand, anyone can go to court and accuse you of being a criminal. You do not need to go through police and prosecutors as in other countries. You must pay the bail to avoid custody and you may not leave Thailand. I speak of experience as the committee chairman in a condo in Pattaya.

 What was your crime?

[Hans Rayong]

Defamation. 

The former chariman took an e-mail I wrote in English, translated it into Thai so it looked like defamation. I became acquitted after I gave the court a correct translation from a translation agency. Now it's the other party who will end up in jail for accusing me of being a criminal and lying under oath in court.

[Delight]

On 21/09/2017 at 2:22 PM, Hans Rayong said:

Defamation. 

The former chariman took an e-mail I wrote in English, translated it into Thai so it looked like defamation. I became acquitted after I gave the court a correct translation from a translation agency. Now it's the other party who will end up in jail for accusing me of being a criminal and lying under oath in court.

 And how does all this move the condo forward?

[ripley]

If you're a foreigner, DON'T DO IT!  The Juristic Person Manager is responsible for signing all legal & Govt. documents. Many other things as well. And if the axe falls, it falls on the JPM. As many of these are in Thai, you can really put your foot in it. You can also be used by others in illegal activities. Better to just be a committee member.

[KittenKong]

On 13/09/2017 at 1:35 PM, madmonk888 said:

yes I have been voted in, have the relevant documentation and now apparently being registered at the Land Registry department if I am correct. They call it a juristic person and there are 3 of us but it could be a committee member, I can't say 100% for sure.

 

Your management cant translate into English. Nothing new there.

 

You are a committee member. This is similar to being on the board of directors of a company. Indeed the term is used in the Condo Act. You are there to represent the interests of co-owners. This is an elected position and is not a job. There should be between 3 and 9 members in every condo building.
The Juristic Person is the legal entity of the physical building, and its finances.
The Juristic Person Manager is a person (or company) appointed by the vote of co-owners to be responsible for the building and to ensure that it obeys the law. Being JPM is a real job (even if the person doing it receives no salary) and cannot be performed by a farang unless he/she has a work permit.
You may also have a building manager who is just staff and can be appointed by the JPM.

[saakura]

I think you should decline the offer as you do not seem to be aware of even the most basic thing like the difference between a Juristic Manager and  Condominum Committee Member. 

[wpcoe]

18 hours ago, KittenKong said:

You are a committee member. This is similar to being on the board of directors of a company. Indeed the term is used in the Condo Act. You are there to represent the interests of co-owners. This is an elected position and is not a job. There should be between 3 and 9 members in every condo building.
The Juristic Person is the legal entity of the physical building, and its finances.
The Juristic Person Manager is a person (or company) appointed by the vote of co-owners to be responsible for the building and to ensure that it obeys the law. Being JPM is a real job (even if the person doing it receives no salary) and cannot be performed by a farang unless he/she has a work permit.
You may also have a building manager who is just staff and can be appointed by the JPM.

Nice concise set of definitions.  Thanks!

 

18 hours ago, saakura said:

I think you should decline the offer as you do not seem to be aware of even the most basic thing like the difference between a Juristic Manager and  Condominum Committee Member. 

I wouldn't be so harsh with a rush to judgment.  Everybody has to start somewhere and @madmonk888 could turn out to be a fast study and a real asset to his/her building.

[inThailand]

Yes but he has a sharp learning curve and overseeing people who have no experience, training and skills in most facets of the business of managing a condo is not really going to add value to an already difficult situation. 

[KittenKong]

23 hours ago, saakura said:

I think you should decline the offer as you do not seem to be aware of even the most basic thing like the difference between a Juristic Manager and  Condominum Committee Member. 

 

He wont be alone in that.

[KittenKong]

4 hours ago, inThailand said:

Yes but he has a sharp learning curve and overseeing people who have no experience, training and skills in most facets of the business of managing a condo is not really going to add value to an already difficult situation. 

 

Like most things in Thailand, it will be the blind leading the blind. As far as I know in the last 5 years in my building we have only had two committee members who could understand a spreadsheet, or who had the vaguest notion of how to handle office accounts.

[madmonk888]

On ‎29‎/‎09‎/‎2017 at 3:03 AM, saakura said:

I think you should decline the offer as you do not seem to be aware of even the most basic thing like the difference between a Juristic Manager and  Condominum Committee Member. 

thank you for your advice

[madmonk888]

18 hours ago, wpcoe said:

Nice concise set of definitions.  Thanks!

 

I wouldn't be so harsh with a rush to judgment.  Everybody has to start somewhere and @madmonk888 could turn out to be a fast study and a real asset to his/her building.

thank you , that was really helpful , and yep you are right, I think my ickle brain still has the capacity to learn ;-) 

[madmonk888]

On ‎29‎/‎09‎/‎2017 at 2:51 AM, KittenKong said:

 

Your management cant translate into English. Nothing new there.

 

You are a committee member. This is similar to being on the board of directors of a company. Indeed the term is used in the Condo Act. You are there to represent the interests of co-owners. This is an elected position and is not a job. There should be between 3 and 9 members in every condo building.
The Juristic Person is the legal entity of the physical building, and its finances.
The Juristic Person Manager is a person (or company) appointed by the vote of co-owners to be responsible for the building and to ensure that it obeys the law. Being JPM is a real job (even if the person doing it receives no salary) and cannot be performed by a farang unless he/she has a work permit.
You may also have a building manager who is just staff and can be appointed by the JPM.

excellent , that's exactly what I needed, thank you so much, Committee member and I can read a spreadsheet :-)

[ripley]

On 9/29/2017 at 8:51 AM, KittenKong said:

 

Your management cant translate into English. Nothing new there.

 

You are a committee member. This is similar to being on the board of directors of a company. Indeed the term is used in the Condo Act. You are there to represent the interests of co-owners. This is an elected position and is not a job. There should be between 3 and 9 members in every condo building.
The Juristic Person is the legal entity of the physical building, and its finances.
The Juristic Person Manager is a person (or company) appointed by the vote of co-owners to be responsible for the building and to ensure that it obeys the law. Being JPM is a real job (even if the person doing it receives no salary) and cannot be performed by a farang unless he/she has a work permit.
You may also have a building manager who is just staff and can be appointed by the JPM.

This post should be etched in stone in every condo! People just can't seem to get these terms straight and they're important. Thanks Kong.

I think every committee member, in fact every member of the administration should be required to possess and study Thai Condo Law.

Edited October 6, 2017 by ripley
error

[ripley]

In fact, how the hell can you do a job if you don't know what it entails? When you don't know the Laws? Happens all the time and I guess we have all seen the results.

Further, if you own a condo you should have a copy of the Thai Condo Law so you know the ground you're standing on.

[Delight]

7 hours ago, ripley said:

In fact, how the hell can you do a job if you don't know what it entails? When you don't know the Laws? Happens all the time and I guess we have all seen the results.

Further, if you own a condo you should have a copy of the Thai Condo Law so you know the ground you're standing on.

 I suspect that almost 100% of co -owners have never read the Rules and Regulations pertaining to their condo.

 

Given that then there is 0% chance of them reading the condo act

 

it's all about  their Rights-not interested in their Responsibilities.