Residents Committee - Work Permit Required?

[chickenslegs]

I'm hoping someone out there is on a condo committee or moobaan jadsan committee and can tell me whether a work permit is required.

It seems likely that this question has been raised before, but a search didn't help.

We are just setting up a moobaan jadsan (residential estate juristic entity) so that the owners of the houses can take over from the developers.

A while back a committee was elected by the residents - to take responsibility for services and facilities. It's similar to the condo committees (of which there are many).

The 'work' element is finding service providers, such as security company, garbage collectors, cleaners, gardeners - setting them on, sending information to owners and asking for their opinions, gathering annual fees, paying for services and projects.

Most of the work is similar to what you would do if organising your own home - just on a different scale.

We have 9 committee members ( 5 Thai and 4 foreign).

[digitalchromakey]

Was at a local business association meeting tonight with representatives from my local Labour Department.

Not sure this post will be much help to you, since they first stated that you do need a work permit for general voluntary work. However at the same meeting Labour then said that you do not need a Work Permit per se to be on a Board of Directors, provided that is you don't have to sign anything.

Volunteer Immigration, Tourist Police and those working with goverment departments are all apparently exempted from this requirement.

I suggest one of your potential thai comittee members go in and ask Labour this question - it can't do any harm.

I'm hoping someone out there is on a condo committee or moobaan jadsan committee and can tell me whether a work permit is required.

It seems likely that this question has been raised before, but a search didn't help.

We are just setting up a moobaan jadsan (residential estate juristic entity) so that the owners of the houses can take over from the developers.

A while back a committee was elected by the residents - to take responsibility for services and facilities. It's similar to the condo committees (of which there are many).

The 'work' element is finding service providers, such as security company, garbage collectors, cleaners, gardeners - setting them on, sending information to owners and asking for their opinions, gathering annual fees, paying for services and projects.

Most of the work is similar to what you would do if organising your own home - just on a different scale.

We have 9 committee members ( 5 Thai and 4 foreign).

[chickenslegs]

Was at a local business association meeting tonight with representatives from my local Labour Department.

Not sure this post will be much help to you, since they first stated that you do need a work permit for general voluntary work. However at the same meeting Labour then said that you do not need a Work Permit per se to be on a Board of Directors, provided that is you don't have to sign anything.

Volunteer Immigration, Tourist Police and those working with goverment departments are all apparently exempted from this requirement.

I suggest one of your potential thai comittee members go in and ask Labour this question - it can't do any harm.

Thanks for the reply.

It makes sense to get the answer 'from the horse's mouth'

[jumnien]

My wife and I are board members at our condo. No work permit necessary, but there is a requirement for a large amount of patience and tolerance!

[chickenslegs]

My wife and I are board members at our condo. No work permit necessary, but there is a requirement for a large amount of patience and tolerance!

Yes, already experiencing some hassle from a tiny (but disproportionately loud) minority. Luckily there are a lot of nice people here as well.

Do you happen to know whether this 'exemption' is written into the legislation - or did you have to approach the Labour office to get it.

[sriracha john]

My wife and I are board members at our condo. No work permit necessary, but there is a requirement for a large amount of patience and tolerance!

Yes, already experiencing some hassle from a tiny (but disproportionately loud) minority. Luckily there are a lot of nice people here as well.

Do you happen to know whether this 'exemption' is written into the legislation - or did you have to approach the Labour office to get it.

The work permit exemption letter is issued by the Labour Ministry. I'd also be interested in seeing sunrise's exemption letter.

Edited June 14, 2008 by sriracha john

[jumnien]

You need an exemption letter only if you are trying to satisfy some rather infantile TV members. Thais understand the situation!

[NHJ]

<br />You need an exemption letter only if you are trying to satisfy some rather infantile TV members. Thais understand the situation!<br />

it's true it might infantile but the law is made like that, even if the thai autorithies or particulars understand, if something goes wrong you might being prosecuted according to the law.

the new government should have a look at the working act for alien and change some rules to the good way as they did for tax, number of shareholders etc...

[chickenslegs]

You need an exemption letter only if you are trying to satisfy some rather infantile TV members. Thais understand the situation!

Unfortunately we do have just 1 Thai and 1 European who seem intent on disrupting an otherwise happy place (it's really all about not wanting to pay their share).

The latest threat is to report us all for not having a work permit - I always assumed we didn't need one, but (as my marriage guidance councellor said - assume makes an ass out of u and me). I think I will try and get something in writing from the Labour Office.

Thanks for your help Sunrise (and don't let the B's'd's get you down.

[sriracha john]

<br />You need an exemption letter only if you are trying to satisfy some rather infantile TV members. Thais understand the situation!<br />

it's true it might infantile but the law is made like that, even if the thai autorithies or particulars understand, if something goes wrong you might being prosecuted according to the law.

the new government should have a look at the working act for alien and change some rules to the good way as they did for tax, number of shareholders etc...

sunrise is above the law...

[cophen]

I always thought that sunrise was above the horizon?

[BEENTHEREDONETHAT]

Our condo association said by Thai law farangs could not be board members. The condo is suppose to be under the standard condo rules. From these post I get the impression that the board here is in error and self serving. Is that a reasonable assumption?

[RickFarang]

For those who may be in a similar situation, how would one go about contacting the labor ministry?

[Taijitu]

Our condo association said by Thai law farangs could not be board members. The condo is suppose to be under the standard condo rules. From these post I get the impression that the board here is in error and self serving. Is that a reasonable assumption?

Yes, that's a reasonable assumption. According to the Condominium Act of Thailand, the following persons are eligible to be members of a Condo Residents Committee:

• The bona fide owner or the owner's spouse
  
• If the owner is a minor, or infirm, the appointed guardian or trustee may be elected
  
• If the owner is a company, the authorised agent or manager of the company maybe elected
  

No Work Permit is required. Members of a Condo Committee are co-owners, elected by and representing the body of the co-owners. They, in turn, elect a Juristic Person and a Manager, to administer and manage the condominium on a day-to-day basis and according to Thai law.

(Edit: Spelling)

Edited June 15, 2008 by Taijitu

[lopburi3]

There would be no requirement for condo law to mention work permits - but if you sign anything in an official capacity I am quite sure you would officially need one if challenged.

[digitalchromakey]

For those who may be in a similar situation, how would one go about contacting the labor ministry?

Go into your local labour dept with someone who speaks good thai and ask a senior officer what they advise.

Anytime there is a grey area, the outcome tends to very much hinge on your local labour dept's 'reading' of national employment legislation.

[jbaldwin]

There would be no requirement for condo law to mention work permits - but if you sign anything in an official capacity I am quite sure you would officially need one if challenged.

For our condo, Committee member are the cheque signitories. We certainly would not want our management company to access to bank accounts. Is signing cheques OK.

[lopburi3]

No in the case of business; and I suspect in this case also.

[jumnien]

You must use your common sense in these matters. It's fine to sign checks and be on condo boards without a work permit. If you want to explore the oblique corners of Southeast Asian law then feel free.

[astral]

You must use your common sense in these matters. It's fine to sign checks and be on condo boards without a work permit. If you want to explore the oblique corners of Southeast Asian law then feel free.

Common sense and the law have little to do with each other.

I just hope you do not upset any of the other board members or condo owners

and come to rue your words, when you have been deported back to your home country.

[sriracha john]

You must use your common sense in these matters. It's fine to sign checks and be on condo boards without a work permit. If you want to explore the oblique corners of Southeast Asian law then feel free.

Common sense and the law have little to do with each other.

I just hope you do not upset any of the other board members or condo owners

and come to rue your words, when you have been deported back to your home country.

When one considers the often highly contestable and frequently discontentedly volatile nature of condo boards, it would be quite an easy out for anyone to "drop the dime" and make inquiries to the authorities on someone who they opposed.