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).

[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?