Foreigner Owning Condo In Thai Company Name

[siam4ever]

A foreigner bought a condo in our building using a Thai company. This condo was in the Thai 51% as the condo already had the 49% foreigner ownership full. Can this foreigner be on the owner's committee and vote on decisions under the 51% Thai quota? It seems fishy to me. Any opinions or facts?

[soundman]

Moved to Real estate forum.

[jbaldwin]

Yes - Those eligible for the Committee are Co-owners, Spouses of Co-owners or if the Co-owner is a company -a representive of that company

At a general meeting what should happen is the the agenda should be sent to the company. The company can then appoint an individual (you) as the company's proxy at the meeting.

[siam4ever]

But how can a farang represent one of the condos that is clearly and legally Thai owned?

[quiksilva]

I dont think you read the response which explained the situation very clearly.

By way of proxy or power of attorney, both of which allow him to act as a representative of the company, heck he might even be an authorised director.

[trajan]

just curious....in both scenarios (i.e., as an individual condo unit owner AND as a legal rep of a company condo unit owner)... would a foreigner technically need to obtain a "work permit" in order to serve on a condo juristic person committee (and carry out the various committee member duties)??...

I vaguely remember hearing reports that even foreign unpaid volunteers (in fire fighting units, tsunami relief efforts, etc.) and foreign unpaid Thai company directors, technically need work permits because they carry out "work" duties in Thailand......however TIT so no one cares or brings it up, unless there is a conflict of some sort....

therefore, if the above is true (and a conflict occurs)...I would not be surprised to hear a challenge under Labor/Labour Laws (rather than Condo Laws)....

[briley]

We have been informed by immigration (Chiang Mai) that a foreigner would need a work permit to be the juristic manager, and the condo would have to have the X million baht capital and employ enough Thai staff etc etc.

But I have heard of a challenge to a foreigner as Judicial manager that went to court and the court threw it out on Condo law. But it was not taken up by immigration or challenged under labour law.

[hughden]

Maybe some mix-up in terminology. There is a legally-registered Jurisitic person who will almost certainly be Thai and most likely a member of staff of the management company. Then there is an owner's committee who liaise with the Juristic person and the management company on behalf of the owners. I think it is unlikely that farang members of the owner's committee would be expected to apply for a work permit.

[trajan]

yes, I agree that the individual manager (designated by the condo management company) must be a Thai national (or a foreigner holding a work permit)....that seems to be very clear because the manager is clearly working in Thailand for a salary...

but I was unclear whether a foreigner being elected as an unpaid member of the Condo Committee (I think composed of 3 to 9 condo owners) needed to hold a work permit...Hughden I do hope youre right...

Edited December 15, 2008 by trajan

[siam4ever]

Back to the OP, then one could assume that if a Thai company is used to own a condo outside the 49% foreigner quota, then a foreigner could not serve on the condo board which by definition must be an owner. correct?

[donx]

Back to the OP, then one could assume that if a Thai company is used to own a condo outside the 49% foreigner quota, then a foreigner could not serve on the condo board which by definition must be an owner. correct?

Since a foreigner can be the top director of a Thai company, a foreigner could server on the condo board because as the top director the foreigner could appoint himself/herself as the representative of the Thai company's interests in the condo.

What some have been arguing on here is whether the foreigner would need to have a work permit in order to act as a representative of the Thai company since the actions such a person would be performing would be done in Thailand. There was another thread about directors of Thai companies needing a work permit if they signed off on documents while in Thailand.

At least this is my understanding of the situation.

[hughden]

yes, I agree that the individual manager (designated by the condo management company) must be a Thai national (or a foreigner holding a work permit)....that seems to be very clear because the manager is clearly working in Thailand for a salary...

but I was unclear whether a foreigner being elected as an unpaid member of the Condo Committee (I think composed of 3 to 9 condo owners) needed to hold a work permit...Hughden I do hope youre right...

I hope I am right too, I am on my condo committee!

[briley]

Maybe some mix-up in terminology. There is a legally-registered Jurisitic person who will almost certainly be Thai and most likely a member of staff of the management company. Then there is an owner's committee who liaise with the Juristic person and the management company on behalf of the owners. I think it is unlikely that farang members of the owner's committee would be expected to apply for a work permit.

No mix up.

You are assuming that the Condo is managed by a company. This is often not true and the Juristic person is just one of the owners.

Chiang Mai immigration are arguing the the Juristic manager is a job, even if unpaid as in our situation, and hence a work permit is required.

We have not asked about committee members or even the chairman of the committee. But from a previous visit by immigration to some of the committee if the members do any work (fix a tap or the like) around the building then that would require a work permit.

Whether the immigration department would take any action is another matter. But if an owner wanted to make trouble for someone, who knows?