LOG54 Posted May 13 Share Posted May 13 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 1 Link to comment Share on other sites More sharing options...
WhatMeWorry Posted May 13 Share Posted May 13 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. Link to comment Share on other sites More sharing options...
scubascuba3 Posted May 13 Share Posted May 13 Usually the case if there isn't other committee members available or wanted Link to comment Share on other sites More sharing options...
Peterw42 Posted May 13 Share Posted May 13 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 Link to comment Share on other sites More sharing options...
Delight Posted May 14 Share Posted May 14 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 1 Link to comment Share on other sites More sharing options...
LOG54 Posted May 15 Author Share Posted May 15 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 Link to comment Share on other sites More sharing options...
jippytum Posted May 15 Share Posted May 15 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. Link to comment Share on other sites More sharing options...
LOG54 Posted May 16 Author Share Posted May 16 Thank you but it doesn't answer my question (and I was talking about committee chairman not AGM chairman). Have a good day Link to comment Share on other sites More sharing options...
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