Condominium laws concerning illegal renewal of True contract

[andytime]

I own the top 2 floors in a condominium building in Sukhumvit Soi 49 with Chanote title built in 1987 100m away from Samitivej Hospital.  We have had an existing contract with True for communication towers that has expired.  The majority of owners have sort the removal of the relay tower that has been on the roof for many years. The body corporate manager is belligerent, doesn't listen and carries on as if his own house and he owns all and in this instance signed a contract with True in November 2019 without any approval from a single party in the building.  In this instance he has acted without consulting anyone and signed a new contract with True for 5G.  No due process was followed in the annual general meeting, no vote has been called or made. I have the towers metres from my head and have had it.  True came with a crane and 20 odd workers for a 3 day installation job on Wednesday past and I managed to send them all home saying that the bulk of the parties in the building had not been consulted nor approved any such installation and it has been signed without due process and fraudulently by the manager and that they had no permission from me and most of the others in the building to enter our land.  I would imagine b/c manager is getting a kickback.  In the last days I have collected the names of more than half of the unit holders objecting to the planned installation and wanting the removal of the current equipment as contract expired with a cover letter to that effect and would have their votes if needed at a special meeting.  True cancelled the 3 day installation job after myself and multiple parties objected in our juristic office.  I have an open balcony and the top unit over which the crane must swing.  Personally, I will continue to maintain the same actions limiting their ability to gain access to our building.  Are there effective condominium laws under the Condomium act 2522 restricting the abuse of powers by the body corp manager if no due process at all was followed? and not a soul approved his fraudulent signing when dealing with the common area property of the building.  Further, it is effectively the roof of my condominium where the towers are currently attached.. have I any right of say on what is or is not installed there and can the contract with true be rescinded on the basis of his fraudulent actions?  I am quite happy to engage a specialist if need be but would like to know roughly where I and other owners stand.  Many thanks Andy

[Peterw42]

The ongoing lease possibly has to do with term and conditions in the original lease contract, an automatic renewal of the lease is probably mentioned in the original agreement. The juristic manager may well just be signing off on an automatic or tenants optional extension the the lease.

I imagine companies like True etc would ensure they have ongoing options for renewal when signing the original lease.. 

[andytime]

9 minutes ago, Peterw42 said:

The ongoing lease possibly has to do with term and conditions in the original lease contract, an automatic renewal of the lease is probably mentioned in the original agreement. The juristic manager may well just be signing off on an automatic or tenants optional extension the the lease.

I imagine companies like True etc would ensure they have ongoing options for renewal when signing the original lease.. 

Greetings Peter.. many thanks for your reply.  I am positive going on information from Indian who can speak Thai that last previously building on the last renewal and the 5G one is a totally new contract.

[blackcab]

I have experience with mobile phone masts, contacts, etc. in Bangkok but with AIS. Basically a new contract is agreed every 3 years as a longer contract would involve registering the lease on the building's title deed.

 

My first question would be what are the building Committee doing about this? With over 50 per cent of the co-owners in agreement you are in a very powerful position should the matter cone to a vote at an EGM.

[Peterw42]

1 hour ago, andytime said:

Greetings Peter.. many thanks for your reply.  I am positive going on information from Indian who can speak Thai that last previously building on the last renewal and the 5G one is a totally new contract.

Maybe get hold of the original contract and get it translated, so you know where you stand.

I still feel True wouldn't be entering into contracts for their equipment that expire or couldn't be renewed , extended, upgraded etc.

 

[andytime]

4 hours ago, blackcab said:

I have experience with mobile phone masts, contacts, etc. in Bangkok but with AIS. Basically a new contract is agreed every 3 years as a longer contract would involve registering the lease on the building's title deed.

 

My first question would be what are the building Committee doing about this? With over 50 per cent of the co-owners in agreement you are in a very powerful position should the matter cone to a vote at an EGM.

Many thanks for your reply. The building 's committee have noted it to to come out (as far back as 7 years ago agreed at seemingly a functioning meeting..ask for minutes of that meeting and get a blank stare from office staff).  The topic noted on multiple occasions at EGM's but guy has continued to operate as if his own building and proper procedures, voting simply been avoided. When I went overseas for holiday signed again.  We last met May of 2019.. this year deferred with Covid.. concern was again voiced by myself et al last year and the meetings have been a challenge to organize a vote or any structure as 5-7 people in total and this guy had control for 17 years since my first attendance.  I have previously called the guy a liar and walked out of meeting and many others given up due to demeanor of the guy. The voting process and the normal proceedings of any form of a general meetings and the functioning of a committee have simply been avoided and the guy essentially carries on with his own agenda.  I have now had enough after hearing a new contract signed in November.  The crane access and plans were stopped by myself and another Indian Thai lady in this last few days because a few other vocal unit holders also total disapproval. Now written up a letter saying fraudulently signed contract without approval/consent and I have got more than 50% of unit holders to sign.  I will leave this with the office Juristic office tomorrow. Any idea what AIS would do if they were aware that there was overall building consent lacking and that approval may not have been granted "legally" at any EGM?  Whilst understand not privy to discuss exactly AIS method of operation, have you encountered a similar situation with considerable building disapproval and any idea of the outcome?  Many thanks for all of your help.  Andy

[blackcab]

In a case like this the phone company would normally not proceed. They simply do not want the hassle.

 

Perhaps the co-owners need to change the Juristic Person.

[andytime]

7 hours ago, blackcab said:

In a case like this the phone company would normally not proceed. They simply do not want the hassle.

 

Perhaps the co-owners need to change the Juristic Person.

Very much appreciated and that has been our plan for a while but guy slipperier than a Vietnamese eel.  A big thank you for your input and time. Andy

[VyacheslavKHV]

Our Law firm have an experience in changing the Juristic Person but need to look in to your situation first.