Are Condo Voting Rights In Proportion To Condo Size

[Delight]

Many people assert that the bigger your condo then the more voting rights you possess.

Certainly the condo Act clearly states that those with larger condos pay more(for services etc) than those with smaller condos.

I cannot find anywhere in the Act any specific formula which determines the scale of voting rights.

Maybe I am looking in all the wrong sections

Does anybody have the definitive position

ADL

[beano2274]

In my Condo it is one vote per room, I have two rooms so have 2 votes but have not had the opportunity to vote for anything yet.

By 2 rooms I mean 2 units.

Edited February 26, 2010 by beano2274

[briley]

Voting rights in a condo is based on the area you own.

Maybe beano2274 all your units are the same size?

[pkrv]

I actually got this wrong recently and was given a nudge to look this up.

In our condominium under the contract - voting rights - it says

the number of voting rights held by each co-owner shall be equivalent to the proportion of title to the common property held by him/her.

Basically the more you own the bigger your vote. Whether or not this is true for all condominiums I don't know, but I have seen several posters say this.

Edited February 26, 2010 by pkrv

[beano2274]

In my Condo there are different size units, but it is 1 room 1 vote.

Edit: But can ask the wife to translate it for me, maybe I have misunderstood.

Edited February 26, 2010 by beano2274

[trajan]

see Section 45 of Condominium Building Act of 1979 (amended recently in 2008):

"In casting votes, each joint-owner shall have the votes according to the ratio of his ownership in the common property."

"However, if one joint-owner has votes of more than half of the total votes, the number of his votes shall be reduced to equal the total votes of all other joint-owners."

In light of the above, it appears that the bigger your unit, the more voting power you have....in other words, the owner of that big penthouse has more voting power than the owner of the studio unit (but he also has to pay more common area fees).....

[pkrv]

Thanks for that Trajan - excellent post as always

I can add some actual figures for my own condominium

My 2 bed unit (one of the smallest) has 0.26% ownership of the common property

the penthouses (10) each have 1.21%. ownership of the common property

So it's actually not as distorted as one would think.

edit I should add there are off the top of my head something like 218 units in my condominium

Edited February 26, 2010 by pkrv

[Delight]

In my Condo it is one vote per room, I have two rooms so have 2 votes but have not had the opportunity to vote for anything yet.

By 2 rooms I mean 2 units.

Condo will be 3 years old Sept 2010

!st AGM yet to occur

Thanks for your reply.

You state 1 vote per unit. Most other responses suggest the bigger the Condo the bigger the vote

I am still abit confused

[pkrv]

Trajans response is the correct one, the condominium act is the definitive statement - from the pinned thread

Last year, I made the attached compilation of the Condominium Act with all amendments up to 2009.

Condominium_Act___2522_1979___updated_until_2008.pdf

--

Maestro

[pkrv]

Condo will be 3 years old Sept 2010

!st AGM yet to occur

As an aside that doesn't sound too good, and is actually against the law - where are you in Thailand?

[dave111223]

In our building the voting power is dependent on the size of the unit.

You don't get "1" vote, or "2" votes. For example i get 1.54xxx votes. Because i own 1.54xxx% of the total building.

[kimmy]

Thanks for that Trajan - excellent post as always

I can add some actual figures for my own condominium

My 2 bed unit (one of the smallest) has 0.26% ownership of the common property

the penthouses (10) each have 1.21%. ownership of the common property

So it's actually not as distorted as one would think.

edit I should add there are off the top of my head something like 218 units in my condominium

That would work pretty good in Bangkok with a mixed foreign and Thai freehold, but in place like Pattaya and Phuket many condominiums are sold under a leasehold to foreigners because of the foreign ownership limitation (no Thai is interested in these tourist resort condos) but the voting rights of these leased condos stay with the developer, who by the way is also running the condo management company, and collecting the monthly maintenance fees. In some of these condos the buyers are very frustrated by what the have to pay and what the get in return, but they can do nothing about it because they are outvoted.

[pkrv]

Thanks for that Trajan - excellent post as always

I can add some actual figures for my own condominium

My 2 bed unit (one of the smallest) has 0.26% ownership of the common property

the penthouses (10) each have 1.21%. ownership of the common property

So it's actually not as distorted as one would think.

edit I should add there are off the top of my head something like 218 units in my condominium

That would work pretty good in Bangkok with a mixed foreign and Thai freehold, but in place like Pattaya and Phuket many condominiums are sold under a leasehold to foreigners because of the foreign ownership limitation (no Thai is interested in these tourist resort condos) but the voting rights of these leased condos stay with the developer, who by the way is also running the condo management company, and collecting the monthly maintenance fees. In some of these condos the buyers are very frustrated by what the have to pay and what the get in return, but they can do nothing about it because they are outvoted.

An interesting technical development on leasehold, please given I have had personal bad experiences in my youth with leasehold, I tend to err on the side of - what I do not own - I do not control.

You are saying that the Freeholder not the Leaseholder holds the voting rights, and that as such the voting rights can be utterly distorted. Not a show stopper. But not exactly an advertisement either. If this is true then a new item may need to be added to the condominium check list on the pinned thread.

Point 45. Check on the number of leased units in your condominium (this is a farang/thai quota issue, thai quota units can often be leased) - This as a Farang may affect your voting rights if you buy leasehold or are in a condominium that has many leaseholds.

Is this something that should be added to the list we already have on the pinned thread? Or should I just go ahead and add it?

http://www.thaivisa.com/forum/Condominium-...nd-t320264.html

This thread is already cross referenced to the pinned thread.