Condo committee vs AGM powers re management company contract

[mran66]

Was reading the condo act, trying to understand the powers of the Committee/Board, the Manager and AGM related to management/maintenance company choice. Did not see anything direct statements about this, the only relevant wording was this (related to powers of committee)

 

(1) Monitoring control over the condominium corporate managements

 

Anyone here that would be familiar with the issue - does the Committee, possibly together with the Juristic Manager have the right to make decisions about the management/maintenance company (choise, contracting, termination, change etc), or are these decisions something that always require AGM decision?

[soi3eddie]

I beleive its down to the condo unit owners. I seem to recall we discussed changing management on occasion. We have always had plus management and they seem to do a very good job so no need to change. Our manager is very proactive and helpful. 

[lkn]

18 hours ago, mran66 said:

are these decisions something that always require AGM decision?

It shouldn’t require an AGM decision, but it would be pretty autocratic of a committee to decide this on their own without any co-owner input (i.e. the AGM).

 

Also, they could be bound by past AGM resolutions. E.g. if AGM decided to hire a management company on a two year contract, approved a budget that included the management company as one of the expenses, or similar. 

 

And of course, if they do change management to a more expensive company, they will likely not follow the budget approved by the co-owners.

[Delight]

 Typically when a management company is  changed -then the JPM also changes.

To change a JPM a vote of at least 25% of the total vote is necessary.

This can only occur at legally convened general meeting.

 

If the current  JPM will not arrange this meeting then a co -owner meeting can be arranged where at least 20% of the total vote is in attendance. All 20% must sign.  There official apartment numbers plus there names (in their own language) must be featured

The minutes of this meeting must be written in Thai language and sent to the current JPM.

 

The minutes will request that  a general meeting be convened. The current JPM cannot refuse

 

Copy of minutes sent to land office.

The minutes can be translated into say English language for convenience. The English language is not legal in Thailand.

 

If the current JPM stays then only a simple majority vote at a general meeting is required.

Management companies typically required just 30 days to quit.

Make sure that the committee/co owners  are not jumping out of the frying an into the fire!

 

Beware of hiring a new company will a low price.

Should they get the contract then most likely the price will rise over time.

 

Edited February 17, 2023 by Delight