Condo Fees

[tkinnear]

According to the new Condo Law, what is required to change the fees charged by a condo? Must it take place at an AGM, with more than 50% who are present voting in favour?

[samtam]

Section 44.

The resolution of the general meeting shall be by the majority of votes of co-owners attending the meeting unless this Act will have provided otherwise.

So "Yes" to your question.

[hhgz]

"unless this Act will have provided otherwise."

You should have quoted section 43, which "provides otherwise", right? Right.

A minimum of 1/3rd of the co-owners must be present, right? Right.

[ripley]

According to the new Condo Law, what is required to change the fees charged by a condo? Must it take place at an AGM, with more than 50% who are present voting in favour?

Check out the 1979 Thai Condominium Act and its Amendments of 2008.

It says that if an AGM is not attended by a quorum another can be called and in that meeting issues can be passed by whomever attends that second meeting. HOWEVER: Section 48 of the Amendments states clearly that certain issues (which are listed in the Amendment) require not less than 50% of the total Co-owner vote. If unsuccessful in getting the required co-owner numbers, a second meeting must be called within 15 days of the first. For the Second mtng. the requirement of votes to pass an issue is reduced to not less than 25% of the total votes. Among the issues covered by this Amendment are:

-Alteration of By-laws

-Arrangememnt for exploitation of Common Property

-Ratio of Common Expenses. Regarding this one: 1.) Is it a matter of persons participating in the vote or square meterage majority? Also, it isn't clear to me if the intent is to assure majority co-owner control over any increases in Maintenance or other common fees OR if it is speaking strictly to the issue of Ratio. Anybody know? (Please quote source).

Edited November 1, 2009 by ripley

[ripley]

I don't think mine was a blanket "Yes" or "No" question.

Section 43 deals with a garden variety AGM. Section 48 deals with exceptional circumstances such as disposal of property and fee increases.

[briley]

My understanding is that in the first meeting 50% of all the owners must vote in favour ------ not 50% of those present.

Things change if a second meeting is called almost immediately.

[samtam]

"unless this Act will have provided otherwise."

You should have quoted section 43, which "provides otherwise", right? Right.

A minimum of 1/3rd of the co-owners must be present, right? Right.

Section 43 deals with the quorum required to be held, ("not less that one fourth", not 1/3).

Section 48 specifies certain motions that require "not less than one half of the total number of votes of all joint owners", (50% of all co-owners, whether present or not), and the Common Area Fee does not come into that category, it falls under Section 44 - majority of votes of those attending - much easier to achieve, assuming you have your quorum).

[briley]

I am probably wrong but doesn't section 48(5):

"an amendment that changes the ratios of the joint payments in the regulations pursuant to Section 32 (8);"

mean change in common area fee has to have 50% of owners voting in favour of the change?

I even wonder if section 48(4) "an amendment of the regulations in connection with the use or management of the common property;" means you need 50% of the owners to vote in favour of a condo fee increase. This is because the regulations has to contain the condo fee and management of the common property comes out of the condo fee?