Illegal PET in CONDO, what can condo management do against a CONDO OWNER ?

[inThailand]

5 minutes ago, BobBKK said:

 

Sorry, not trying to be contradictory for the sake of it, but this is wrong. The JPM is there to manage the building and is the person responsible legally. The committee is there to monitor the JPM but has NO power over the JPM who is elected by the owners. It is true, in practice, that often the committee thinks it is in charge but that's only because they are unchallenged and owners are unaware of the Condo Act etc. 

That is not how it works, when it's a development of mostly falangs. And rightfully so. The JPM, a Thai, reports to the board and board makes all management decisions. The JPM is just a figure head position and signs when directed by the board. The property manager which could also be the JPM runs the day to day operations and also reports to the board. 

[BobBKK]

26 minutes ago, inThailand said:

That is not how it works, when it's a development of mostly falangs. And rightfully so. The JPM, a Thai, reports to the board and board makes all management decisions. The JPM is just a figure head position and signs when directed by the board. The property manager which could also be the JPM runs the day to day operations and also reports to the board. 

That's not the law but I accept some places run like that. My old condo used to run like that a decade ago but we had some trouble and had to actually run things according to the Condo Act and so many things changed. The old Thai JPM resigned after it was pointed out he was legally responsible and a management company employed (including a JPM). The JPM does not report to the committee but reports, at AGM, to the owners. The committee may suggest and monitor and if the JP resigns elect a temp JP until the OWNERS elect a new one. You are just plain wrong I'm sorry.

[KittenKong]

35 minutes ago, inThailand said:

The JPM, a Thai, reports to the board and board makes all management decisions. The JPM is just a figure head position and signs when directed by the board.

 

No. The JPM has control and the committee are there to oversee and monitor, as mentioned, and, as elected representatives of the co-owners, to indicate to the JPM the course the committee and co-owners want him to take. But the final decision belongs to the JPM always.

In a sensible building the cheques will be co-signed by committee members, and that gives them a real veto, but the JPM is still in charge and can overrule the committee if he sees fit.

 

A strong committee may have more influence over a weak JPM, but this is down to individual politics rather than the law and will vary from building to building. Also in a building where a representative of a large management company also acts as JPM then he may be more inclined to follow the committee's wishes, but he does not have to.

 

So the selection of the correct JPM is a most important matter in a building.

 

Few people understand this.

[Nemises]

The “joys” of living in a condo. Never again.

[inThailand]

Who in their right mind would allow a Thai JPM run the show? This why many developments are a mess. The committee of mostly falangs should run the show. 

[inThailand]

22 hours ago, KittenKong said:

 

No. The JPM has control and the committee are there to oversee and monitor, as mentioned, and, as elected representatives of the co-owners, to indicate to the JPM the course the committee and co-owners want him to take. But the final decision belongs to the JPM always.

In a sensible building the cheques will be co-signed by committee members, and that gives them a real veto, but the JPM is still in charge and can overrule the committee if he sees fit.

 

A strong committee may have more influence over a weak JPM, but this is down to individual politics rather than the law and will vary from building to building. Also in a building where a representative of a large management company also acts as JPM then he may be more inclined to follow the committee's wishes, but he does not have to.

 

So the selection of the correct JPM is a most important matter in a building.

 

Few people understand this.

A Thai JPM can and rightfully so can be just a puppet. 

[BobBKK]

Just now, inThailand said:

Who in their right mind would allow a Thai JPM run the show? This why many developments are a mess. The committee of mostly falangs should run the show. 

 

Maybe but that's the way it is.  My advice would be get a management company in to undertake JP and building management but you'll need an AGM/EGM majority 50% vote.  Personally I am DONE with condo politics and many farangs are just as much a pain in the **** as the Thais.

 

The whole system needs revision but, as of today, that's the law.

[BobBKK]

Just now, inThailand said:

A Thai JPM can and rightfully so can be just a puppet. 

 

*sigh*

 

You have fundamentally misunderstood the law. If you have a weak JP that can also be a grave danger, if there are problems, as the committee do not have the power to manage the condo, instruct staff etc. 

[inThailand]

2 minutes ago, BobBKK said:

 

Maybe but that's the way it is.  My advice would be get a management company in to undertake JP and building management but you'll need an AGM/EGM majority 50% vote.  Personally I am DONE with condo politics and many farangs are just as much a pain in the **** as the Thais.

 

The whole system needs revision but, as of today, that's the law.

Here, we agree. The falang committee members do not understand that their job is to carry out the wishes of the majority of owners. Instead, they carry out their personal agenda. 

[inThailand]

2 minutes ago, BobBKK said:

 

*sigh*

 

You have fundamentally misunderstood the law. If you have a weak JP that can also be a grave danger, if there are problems, as the committee do not have the power to manage the condo, instruct staff etc. 

I understand the law I am sure better than you. You don't understand basic management principles. 

[BobBKK]

Just now, inThailand said:

I understand the law I am sure better than you. You don't understand basic management principles. 

 

Oh dear... anyway not worth debating longer if you think we got it wrong on the law about JP's and committee's is there? 

 

as for basic management principals, dear poster, you would be surprised at my qualifications in that field but not worth anymore ping-pong with someone who thinks they know it all.  Have a nice day

[KittenKong]

48 minutes ago, inThailand said:

Who in their right mind would allow a Thai JPM run the show? This why many developments are a mess. The committee of mostly falangs should run the show. 

Should, yes. But in law they dont and in reality they often dont.

[watcharacters]

7 hours ago, inThailand said:

Who in their right mind would allow a Thai JPM run the show? This why many developments are a mess. The committee of mostly falangs should run the show. 

 

I think it can not be more than 50% farang.

 

Is that not correct?

 

 

[KittenKong]

50 minutes ago, watcharacters said:

I think it can not be more than 50% farang.

Is that not correct?

Committee can be 100% farang.

[inThailand]

8 hours ago, KittenKong said:

Committee can be 100% farang.

And many mostly falang owned developments have committees that are all falangs. And they don't let the local idiot called the JPM run the show. The JPM does as they instruct. 

[inThailand]

You don't see other businesses like Google, Apple run by their legal representative, ie JPM. They report to the GM for good reasons. 

[KittenKong]

6 hours ago, inThailand said:

You don't see other businesses like Google, Apple run by their legal representative, ie JPM. They report to the GM for good reasons. 

This is where you are making your mistake.

 

The equivalent of the committee in a company is the board of directors. The equivalent of the JPM is the CEO. The CEO runs the company.

[Jimbo53]

On 7/19/2018 at 10:22 AM, jenny2017 said:

An old Chinese proverb. Those who hate cats will never have a good-looking girl/ woman. 

Well I guess I have proved that old Chinese proverb wrong on numerous occasions.

[Jimbo53]

On 7/19/2018 at 10:49 AM, Shoeless Joe said:

Strange Jimbo....they think exactly the same about you!

 

?

 

Regards,

 

Joe

Glad to see Pattaya is still full of  Cerebrally challenged inmates... your obviously in the know,and conversing with the Feline community of Pattaya Joe.