Various issues with an AGM

[Pferdlkrantz]

Hi,

Situation:  Due to some factors, there has been a change in management at my condo.  The new Juristic Person Manager has initiated various plans, some good, some not so good.  This person is also a member of our Committee. We have very soon our AGM where, under the Condominium Act, the Interim JPM has to apply to for a term as such.  There have been indications that there is a sub-agenda to this in which includes the exclusion of all non-Thai in the running of the Condo.

The makeup of the Agenda is against the requirements of the Act, specifically the non-forwarding of the financial report in the stipulated period (minimum of 7 days before the AGM Condo Act 38/2) - in fact it has not been presented at all, and the non-presence of the Item "Consider other matters" (Condo Act 42/1).   There are some suspicions that this person has been personally contacting fellow Thai nationals, canvassing for support in the form of proxies presumably to force this persons own private agenda through the AGM. Note this is a very brief description of what is a serious issue with many other indications that this is occurring.  There have also been some changes announced with regard to the application to become a member of the Committee, as is the case with the proxy: The application for Committee membership now has to be done on a form (previously this was done on a voluntary basis at the AGM itself)  The proxy form now needs a "duty stamp".  Neither of these appear in the Act. 

Questions:

Can the AGM be stopped due to the irregularity of the Agenda? 

Is there any recourse in the event that the meeting is forced ahead despite the irregularities?

We can assume that there is some background information that we do not have with regard to the applications and proxies.  Can we get this information confirmed and, in the event of any irregularities, have the result reversed?

 

Any help, comments would be gratefully received.  Note that, with regard to the "Consider other Matters" issue: Due to the suspicious nature of some of the projects that have been initiated and the suspicion of money being siphoned off from an account, this is considered vital.

 

Regards

P

Edited January 10, 2020 by Pferdlkrantz
Typo in the title, some grammatical errors