Condominium Act

[briley]

Let me post...

Thank you, Briley.

Do you by any chance have the following as separate documents?

-- Condominium Act B.E.2522 (1979), original version without amendments added in.

-- Condominium Act (No.2) B.E. 2542 (1999)

-- Condominium Act (No. 4) B.E. 2551 (2008)

These are still missing in my collection.

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Maestro

Confusion.

My annotated document is the changes in the 2542 Act (Number 3 about Aliens having more than 49%) and the 2551 Act (Number 4) and is based on the 2522 Act.

I now realise that the 2534 Act is the number 2 act. I do not have a copy of this act.

BUT Maestro you refer to the 2542 act as the number 2 act - isn't that the number 3 act?

Don't tell me I have got it all wrong?

Edited to add the attachments

Condominium_Act__BE_2522.pdf

Condominium_Act__BE_2542_no_3.pdf

Edited April 25, 2008 by briley

[Maestro]

BUT Maestro you refer to the 2542 act as the number 2 act - isn't that the number 3 act?

You’re right, I got it wrong.

It is strange that the Condminium Act (No. 2) B.E. 2534 cannot be found anywhere on the Internet. From a practical point of view it is not important because the updated text is available, but it would be nice to have it for my collection.

Briley, you say you were able to update the original act also with the amendments of this year’s Act No. 4. Does this mean you have No. 4 as a separate document? If so, could you upload it as a PDF attachment or otherwise give a link to it?

--

Maestro

[Tammi]

BUT Maestro you refer to the 2542 act as the number 2 act - isn't that the number 3 act?

You’re right, I got it wrong.

It is strange that the Condminium Act (No. 2) B.E. 2534 cannot be found anywhere on the Internet. From a practical point of view it is not important because the updated text is available, but it would be nice to have it for my collection.

Briley, you say you were able to update the original act also with the amendments of this year’s Act No. 4. Does this mean you have No. 4 as a separate document? If so, could you upload it as a PDF attachment or otherwise give a link to it?

--

Maestro

Go to www.pattayacityexpatsclub.com

Edited April 27, 2008 by Tammi

[Maestro]

Thank you, Tammi. Thank you, Pattaya City Expats Club. Thank you, John Fishback. That is exactly what I have been looking for.

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Maestro

20080227_Condominium_Act___No_4___2551_2008.pdf

[briley]

But I am informed that section 43 has a translation error, a new meeting must have a quorum

And I believe that section 49 that refers to requiring one fourth of the votes should be three fourths

(Maestro - I couldn't find a clear copy of the act, Pattaya was the best I could find!)

[Tammi]

Is it legal that a condominium's regulations do not have to follow the Condominium Act?

For example: Present Condo Act states quorum at AGM is 1/3 of votes. Can the Regulations say that quorum is different - such as 1/5 or even 1/2?

Is it legal that Condo Regulations state one thing but Juristic Person Manager does another?

For example: Penalty for late payment of maintenance fee as per Regulations state 4% per month compounded but Juristic Person Manager under instruction from the Committee bills late payers and non-payers 10% per annum.

[briley]

The regulations must obey the law (i.e. follow the condo act), but can make rules that are not covered by the law.

The Juristic Manager must obey the law and the regulations. The committee is there to ensure they do and the manager is also answerable to the owners at the general meeting.

If regulations says 4% penalty per month that is in excess of the law (20% per year) so the law applies. I thing the law says a maximum of 20% interest so regulations, or the committee if not in the regulations, can set it at 10%.

Quorum, law states 1/3rd so it is 1/3rd.

You have an order of precedence:

1 The law is always top,

2 The regulations come next provided they don't conflict with the law.

3 Resolutions of the General Meeting

4 Decisions of the committee (and/or manager????) come last and again must not conflict with any other decision.

Just my humble opinion ......

[Maestro]

I see it exactly the same way as Briley.

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Maestro

[Johnny_Aloha]

BUT Maestro you refer to the 2542 act as the number 2 act - isn't that the number 3 act?

You’re right, I got it wrong.

It is strange that the Condminium Act (No. 2) B.E. 2534 cannot be found anywhere on the Internet. From a practical point of view it is not important because the updated text is available, but it would be nice to have it for my collection.

Briley, you say you were able to update the original act also with the amendments of this year’s Act No. 4. Does this mean you have No. 4 as a separate document? If so, could you upload it as a PDF attachment or otherwise give a link to it?

--

Maestro

Not at my computer, but I think I have at least the Thai version of Thai Condo Act #2 (2534 but here are two useful

websites from Department of Law, first has the only 'official' English translations I have been able to fine and hopefully they will post the new Act #4 on this site and the second site is the Thai versions including the original Thai Condo Act.

http://www.dol.go.th/eng_version/menu.php

http://www.dol.go.th/low_ministry/commandment/

Please send me a reminder to [email protected] to remind me to send you 2534.

[briley]

Bumping this topic up as there appears to be an error in all the translations of the new, 2551 Condo Act number 4.

All the versions I have seen give section 48 as follows:

SECTION 48, A resolution on any of the following matters shall not be less than one-half the votes of the total number of the votes of all the attending co-owners combined:

(1) a purchase of immoveable property or an acceptance of immovable property of binding value as common

property;

(2) disposal of common property;

(3) an approval granted to any one co-owner for construction that effects the common property or the outside

appearance of the building at the expense of such co-owner; etc

This says that with 25% of owners attending (a quorum) and half of them voting 'yes' you can sell and buy bits of the condo, change regulations etc.

BUT I am informed that the Thai version does not say 'attending' in the first part.

The Thai version means that to buy sell change regulations etc you need 50% of the owners to attend and half of them to vote 'yes'.

(I am, of course, ignoring the possibility of calling a second meeting etc etc)

[DrDave]

Sorry to dig up an old thread, but I'm looking for some clarity on exactly how the Juristic Person is initially established.

Specifically, who appoints the 1st Manager and 1st Management Committee? The Condominium Act mentions that the Manager must convene the 1st general meeting within 6 months of Condominium Registration being received. It further states that the Manager cannot preside over any meetings, so I'm assuming that the 1st meeting is a special case. There's no mention of how the initial

Management Committee members are installed.

So, my questions are:

- Who appoints the initial Manager?

- Does the Manager need to be identified when the developer applies for Condominium registration?

- Who appoints the initial Management Committee members? I'm assuming that during those first 6 months, a Management Committee needs to be in place, given the roles and responsibilities of the Management Committee described in the Act.

- If the initial Management Committee is appointed by the developer, are they subject to replacement at the first general meeting?

Hoping someone has some practical experience with a newly registered condominium, and can answer these questions.

[Maestro]

I don’t have the answers but I worked today on updating the Condominium Act with the latest amendments and attach a copy. See if you find in there what you are looking for.

I still have to review it and double-check all footnotes before I finalise it.

--

Maestro

Condominium_Act___2522_1979___updated_until_2008.pdf

[hhgz]

"BUT I am informed that the Thai version does not say 'attending' in the first part. The Thai version means that to buy sell change regulations etc you need 50% of the owners to attend and half of them to vote 'yes'. (I am, of course, ignoring the possibility of calling a second meeting etc etc)"

The "Thai version" to which you refer is the law: 50% of the owners - not just attendees - need to vote for a proposition. If less than 50% of the owners attend a meeting, a follow-on meeting, no more than 15 days after the first meeting, must be held.

[DrDave]

I don’t have the answers but I worked today on updating the Condominium Act with the latest amendments and attach a copy. See if you find in there what you are looking for.

I still have to review it and double-check all footnotes before I finalise it.

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Maestro

Thanks for posting your document, Maestro. Nice job!

I'm still not seeing the answers to my questions, though.

I'm hoping someone that has received title to a recently completed and registered condominium can share their knowledge regarding how the Juristic Person is initially organized, and how the initial Manager and Committee Members are appointed.

[Pappiklon]

I don’t have the answers but I worked today on updating the Condominium Act with the latest amendments and attach a copy. See if you find in there what you are looking for.

I still have to review it and double-check all footnotes before I finalise it.

--

Maestro

Hi Maestro, thanks for the work on this, I tried to download from your link a couple of times and it says the file is damaged, don't know if this is the actual file or a ThaiVisa link problem

[Pappiklon]

Apologies re the last post, link is now working, thanks for the details

[Maestro]

I'm still not seeing the answers to my questions, though.

I'm hoping someone that has received title to a recently completed and registered condominium can share their knowledge regarding how the Juristic Person is initially organized, and how the initial Manager and Committee Members are appointed.

The Juristic Person gets established when the developer (owner of the real estate) registers the condominium with the competent officer (Section 6). At this time, the developer also must submit a draft of the condominium regulations.

The General Meeting of the co-owners appoints (elects) the members of the Juristic Person Committee (Section 37). As the developer initially owns all condominium units (apartments) he appoints the first committee.

The Juristic Person Committee has a term of two years (Section 37). Therefore, at the latest two years after the first appointment of the committee, a General Meeting must elect a new committee or re-elect the old committee for a second term. A committee can serve for a maximum of two consecutive terms. (This is not very clear. The original Thai text should be consulted to see if this time limit applies to individual committee members)

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Maestro

[NormanW]

Thank you, Tammi. Thank you, Pattaya City Expats Club. Thank you, John Fishback. That is exactly what I have been looking for.

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Maestro

Thank you Maestro.