JPM and committee

[LOG54]

Hello

According to art 38 Condo act the committee/board has to control the management..

I didn't find in the condo act anything forbidding the JPM to also be a committee member..and even the committee chairman.. 

Obviously the "spirit" of the law doesn't  allow it, as, how could the committee control the JPM action if it is the same person assuming both charges..

I would highly appreciate comments, in case experience, or hear about court decision in similar situation..

Thanks a lot

Have a good night

[WhatMeWorry]

3 hours ago, LOG54 said:

Hello

According to art 38 Condo act the committee/board has to control the management..

I didn't find in the condo act anything forbidding the JPM to also be a committee member..and even the committee chairman.. 

Obviously the "spirit" of the law doesn't  allow it, as, how could the committee control the JPM action if it is the same person assuming both charges..

I would highly appreciate comments, in case experience, or hear about court decision in similar situation..

Thanks a lot

Have a good night

My wife is a JPM and also on the committee. There is no law against it in the Condominium Act of Thailand. I have never heard of it being an issue or a court decision regarding it.
 

[scubascuba3]

Usually the case if there isn't other committee members available or wanted

[Peterw42]

OP, are you talking about Juristic person, or juristic manager, as they are two different things. (juristic person can hire/fire juristic manager)

The act clearly states one person cannot be both. But otherwise I don't think you will find any restriction on a committee member being either 

[Delight]

3 hours ago, Peterw42 said:

OP, are you talking about Juristic person, or juristic manager, as they are two different things. (juristic person can hire/fire juristic manager)

The act clearly states one person cannot be both. But otherwise I don't think you will find any restriction on a committee member being either 

 This is  a confusing post.

A juristic person -s not a person -it is the status of a building i.e. Condominium Juristic Person. This title is used for a non profit making entity that has income and expenditure. Any organisation which has both income and expenditure has the potential to go bust.

By law all condos must a have an official manager. The job title is Juristic Person  Manager(JPM)

Are you stating that the JPM can  also be a committee. If so the JPM is running with the Hare and running with the Hounds.

 

The  basic  management structure is that the JPM reports to the committee . The committee is responsible to the co owners

[LOG54]

Hello

Sorry for late reply.. I am talking about Juristic Person.. I am surprised the JP can be a commitee member (and even can it be the commitee chairman ??) as normally the board  has the duty to Monitoring control over the condominium corporate managements

Then if the JP and one of the committee member are the same person I find it quite difficult for the board to achieve its goal..

We can even go further.. what if the same person is the JP, committee member and committee chairman with very few control or participation of the other committee members ? That means the condo is managed by one person in fact (as the building manager will act under JP or commitee instructions ..
Thanks everyone !!

Have a good day

[jippytum]

On 5/13/2024 at 8:54 PM, LOG54 said:

Hello

According to art 38 Condo act the committee/board has to control the management..

I didn't find in the condo act anything forbidding the JPM to also be a committee member..and even the committee chairman.. 

Obviously the "spirit" of the law doesn't  allow it, as, how could the committee control the JPM action if it is the same person assuming both charges..

I would highly appreciate comments, in case experience, or hear about court decision in similar situation..

Thanks a lot

Have a good night

a committee member has to be an owner or spouse. An AGM chairman has to decided by owners at the meeting not in advance. 

[LOG54]

Thank you but it doesn't answer my question (and I was talking about committee chairman not AGM chairman).

Have a good day