Condo Committees And Management

[Delight]

I can speak only about my own experiences for the past 3+ years. Not in BKK, in the provinces. A beautiful highrise condo of over 100 units. On the beach. Sweeping views. Quiet country location. Solid, quality construction. About 25% foreign owners. Built in 1997. Good value for money. No regrets about buying or living there...

But... Management firmly in developer's family hands. For the first 10 years NO Committee, practically NO maintenance. 3 years ago on my demands a Committee formed, still in the same hands. Managing Co cum Juristic Person still in the same hands.

The way I see the situation, - this will never change! TIT!

Just noticed this entry.

The responsibility for the maintenance and general well being of a condo is that of the co -owners. They organise themselves to form a committee(this to be done within 120 days from the official opening day of the condo). The committee appoint a manager. The committee detail the policies and procedures that the manager must undertake. The manager reports to the committee.

I am the committee chairman of a Condo in Pattaya. The condo is just 3 years old. We replaced the developer/manager/juristic person and as from 1Sept 2010 have a management company to run it for us.

The manager in your condo can be changed at any time. The 10 year contract ,I suspect is illegal.To start the process you will require 20% of the co -owners(as measured by voting rights) to arrange a meeting. At this meeting you will 1) Elect a special representative and 2) Organize a letter to be sent to the current Juristic person requesting a meeting . You will need much more information than I detail here. It just needs the will of 20% to have the 1st meeting and then 25% to have a 2nd meeting (ie a EGM) . The manager is replaced at this EGM.

The 1st thing to do is to get a copy of the Condo Act.

Note: If your committee in not registered with the Land Office -then it is not legal.

You will need professional advise. The management company that now runs our building provided the professional help for us. The whole process for the change cost about 10 ,000 baht

Good luck

[wpcoe]

I am the committee chairman of a Condo in Pattaya. The condo is just 3 years old. We replaced the developer/manager/juristic person and as from 1Sept 2010 have a management company to run it for us.

Did you need to get a work permit specifically to be on the committee? Are you "bonded" against liability by some insurance company as a board member?

[ripley]

When our committee took out insurance for themselves some years ago (at condo expense) there was a degree of alarm amongst owners. The thought was that if they misbehaved enough to warrant court action, their expenses would be covered whereas the owners would have to pay hard cash. Fact is, the insurance doesn't cover law-breakers. And having that insurance has protected the committee members from nuisance suits, which do come up from time to time and would otherwise discourage sensible folk from participation.

[DoubtingThomas]

Sort through these posts and read ripley. He knows what he's talking about. Then sort all the posts from 123ace who doesn't. How do I know? I've been and am Chairman of a committee and I've been through it all. 123ace has rose tinted spectacles. ripley hits the nail on the head every time. Obviously been there and done it.

Ripley, I understand your point about honorariums or whatever for committee members but I see significant problems, not least of which is the need for a work permit. There's also the issue of the co-owners, who all hate paying their CAM fees at the best of times and who would baulk at seeing probably hundreds of thousands of baht going in these payments. It certaining is a time consuming, frustrating and thankless job. I would advise anyone who is considering doing it to think very carefully before you take it on and be ready for far more work and frustration than you can possibly imagine.

[ripley]

I'm interested in how systems work & problem solving to correct and improve them. Condominium governance is a complicated and interesting subject to ponder.

I posed the question about whether & how committee members should be compensated, encouraged or acknowledged for the work they do. (Incidentally, these comments were directed primarily to large buildings.) The purposes for doing this were to:

-discourage graft

-reward and thank those who perform a vital service to the condo community

-encourage a larger number of owners to sign up, giving us more choices

-promote greater self-interest from owners for conscientious oversight

As direct payment is not only illegal but probably repellent to owners, my mind turned to "indirect payment" such as gratis housecleaning services, commission-free rental services, or perhaps suspension of maintenance payments (for one unit) during term of office. Don't bite! Just an idea.

I emphasize that I am not "pushing" this idea of compensation/reward - not at all. Just interested in what others think of the notion and what pros and cons are produced.

But after reading what people have said here, I have to agree that to introduce any kind of payment would be to open a large can of worms. Apart from other reasons stated on this topic, we all know that, eventually, the work falls to 2 or 3 people as the others get bored, fed up & drop out - so oversight of attendance and input would have to be put in place. Given human nature & the average owner's vigilance & interest, this would not happen.

So I conclude that we must rely on those people who take satisfaction in protecting and improving the place where they live and who consider that "reward" enough. It is after all an intriguing as well as a difficult job.

So now, another proposal: How about tightening up the procedures for selection of committee members. I'd require that to be a candidate a person must first:

-spend time with the old committee to become familiar with the work and issues

-be familiar with condo law and condo regulations

-state to the AGM verbally or in writing why he/she wants to be on the committee and what he/she would like to do.

Also, a committee member should live in the condominium for a reasonable period of time every year.

Now, these ideas are often dismissed (somewhat nervously) because people are afraid of discouraging volunteers. But do we really want volunteers who are clueless and un-focussed? Having some kind of structure is certainly preferable to voting for anyone who happens to raise his hand at the AGM.

Edited October 14, 2010 by ripley

[ChiangMaiFun]

I can speak only about my own experiences for the past 3+ years. Not in BKK, in the provinces. A beautiful highrise condo of over 100 units. On the beach. Sweeping views. Quiet country location. Solid, quality construction. About 25% foreign owners. Built in 1997. Good value for money. No regrets about buying or living there...

But... Management firmly in developer's family hands. For the first 10 years NO Committee, practically NO maintenance. 3 years ago on my demands a Committee formed, still in the same hands. Managing Co cum Juristic Person still in the same hands.

The way I see the situation, - this will never change! TIT!

Just noticed this entry.

The responsibility for the maintenance and general well being of a condo is that of the co -owners. They organise themselves to form a committee(this to be done within 120 days from the official opening day of the condo). The committee appoint a manager. The committee detail the policies and procedures that the manager must undertake. The manager reports to the committee.

I am the committee chairman of a Condo in Pattaya. The condo is just 3 years old. We replaced the developer/manager/juristic person and as from 1Sept 2010 have a management company to run it for us.

The manager in your condo can be changed at any time. The 10 year contract ,I suspect is illegal.To start the process you will require 20% of the co -owners(as measured by voting rights) to arrange a meeting. At this meeting you will 1) Elect a special representative and 2) Organize a letter to be sent to the current Juristic person requesting a meeting . You will need much more information than I detail here. It just needs the will of 20% to have the 1st meeting and then 25% to have a 2nd meeting (ie a EGM) . The manager is replaced at this EGM.

The 1st thing to do is to get a copy of the Condo Act.

Note: If your committee in not registered with the Land Office -then it is not legal.

You will need professional advise. The management company that now runs our building provided the professional help for us. The whole process for the change cost about 10 ,000 baht

Good luck

I'm sorry but this is just not true under Thai Law - the manager is appointed by the JP - it is the JP who manages the condo and is elected by the AGM - the committee has no management powers under the law other than to call meetings twice yearly and submit accounts. The manager does not 'report' to the committee and the committee cannot, legally, manage the condo - anyay this is considered 'work' and would bring visas into doubt etc.

[ripley]

People frequently get the terms wrong which makes for a lot of confusion.

The "Juristic Person" (JP) is the Co-owners. The JP has the power to make decisions and influence policies and projects via their Committee, the EGMs and AGMs.

The "Juristic Person Manager" (JPM) is the person who signs documents. Full Stop. The JPM is required to sign any document submitted by the representatives of the Juristic Person, provided said documents are deemed to be legal and are processed and submitted according to Law and the Condo's regulations. A JPM is necessary because, obviously, all of the Co-owners can't sign. Thus, the JPM is the "hand" of the JP.

Most Thai Condo Law translations do give the impression that the JPM has powers to do all kinds of things but it just ain't so.

The "Manager" is a person hired by the Committee to run the office and implement tasks and policies under the direction and supervision of the Committee. Approval is usually formally requested at the next due GM. They may not fire a Manager without approval of an EGM or AGM. I'm not certain, but I believe a Committee may hire or fire a management company at its discretion (these companies usually sign on for a "trial period"). Approval of the company hired is usually formally requested at the next due GM.

The "Committee" is elected to implement the wishes of the Co-owners (JP) according to the decisions made at the AGMs and EGMs. They are empowered to improve and repair the bldg. and initiate many other tasks, projects and policies provided they act within the Thai Condo Law and the Condominium's own Regulations.

[DoubtingThomas]

I got a legal opinion on the work permit issue and the feedback I received was that it is ignored for Condo Board members. Note "ignored" not waived. I think that ripley is right that in Thailand, you never know for sure. No real reason not to be on the committee though, especially if you are a masochist, and I speak from bitter, ongoing experience.

I also got an opinion on repairs. This one was quite clear. Self maintaining a property you own is not considered work (the guy who wrote that rule has obviously never self maintained!) so go ahead, it's not a problem. Having said that the blokes up country in a house owned by the wife might, I suppose, be at risk. Up country, who cares, lot's goes there that would not in BKK.

Caveat.....lawyers always give an "opinion" for a very good reason! 'Nuff said.

[ChiangMaiFun]

People frequently get the terms wrong which makes for a lot of confusion.

The "Juristic Person" (JP) is the Co-owners. The JP has the power to make decisions and influence policies and projects via their Committee, the EGMs and AGMs.

The "Juristic Person Manager" (JPM) is the person who signs documents. Full Stop. The JPM is required to sign any document submitted by the representatives of the Juristic Person, provided said documents are deemed to be legal and are processed and submitted according to Law and the Condo's regulations. A JPM is necessary because, obviously, all of the Co-owners can't sign. Thus, the JPM is the "hand" of the JP.

Most Thai Condo Law translations do give the impression that the JPM has powers to do all kinds of things but it just ain't so.

The "Manager" is a person hired by the Committee to run the office and implement tasks and policies under the direction and supervision of the Committee. Approval is usually formally requested at the next due GM. They may not fire a Manager without approval of an EGM or AGM. I'm not certain, but I believe a Committee may hire or fire a management company at its discretion (these companies usually sign on for a "trial period"). Approval of the company hired is usually formally requested at the next due GM.

The "Committee" is elected to implement the wishes of the Co-owners (JP) according to the decisions made at the AGMs and EGMs. They are empowered to improve and repair the bldg. and initiate many other tasks, projects and policies provided they act within the Thai Condo Law and the Condominium's own Regulations.

I'm afraid that's not true - the JPM is the person with the real power - trhe committee has no power - this was confirmed at a recent court case I was involved with at the Land Office. The JP is elected by the AGM to 'manage' the condo - the committee to 'monitor, hold meetings and produce accounts' this is confirmed by the Land Office 'Guidelines'.

The fact is the whole legislation is still a mess.

[ripley]

This comes as a surprise. I researched and received the definition of JPM from no fewer than 5 lawyers, including a professor of law whose firm practices law and who deals with Royal matters in Bangkok. Queries to legal departments of our 2 different management companies supplied the same answer.

I have no idea what the case in the Land Office was about, but your stated conclusion re: JPM contradicts all information I've been given by the above.

When a JPM attempted to take over our bldg. he was promptly, firmly and legally put back in place.

Edited October 29, 2010 by ripley

[ChiangMaiFun]

This comes as a surprise. I researched and received the definition of JPM from no fewer than 5 lawyers, including a professor of law whose firm practices law and who deals with Royal matters in Bangkok. Queries to legal departments of our 2 different management companies supplied the same answer.

I have no idea what the case in the Land Office was about, but your stated conclusion re: JPM contradicts all information I've been given by the above.

When a JPM attempted to take over our bldg. he was promptly, firmly and legally put back in place.

very strange - what does need to be done is a proper overhaul. I have a document called 'Juristic Condominium Administartion Handbook' issued by 'Real Estate DEvelopment Office, Dept. of Land Ministry of Interior.

Page 8

"what are the powers and duties of the committee?"

1/ Monitoring control over the Juristic Condo Managements

2/ Appointing a member to assume dutie sof the manager... where there is no manager

3/ Arranging baord meetings... etc.

4/ Other Duties as prescribed (there are none)

My understanding is that the committee's only power is to call meetings etc. and monitor as described - also visa status is an issue I understand. The JP, as elected, is the only one who has to sign cheques, letters etc. - not committee members. He/she can refuse to sign, for instance... and the committee can only 'suggest' and 'recommend'. It's strange that the advice you received is opposite.

[harrry]

This comes as a surprise. I researched and received the definition of JPM from no fewer than 5 lawyers, including a professor of law whose firm practices law and who deals with Royal matters in Bangkok. Queries to legal departments of our 2 different management companies supplied the same answer.

I have no idea what the case in the Land Office was about, but your stated conclusion re: JPM contradicts all information I've been given by the above.

When a JPM attempted to take over our bldg. he was promptly, firmly and legally put back in place.

very strange - what does need to be done is a proper overhaul. I have a document called 'Juristic Condominium Administartion Handbook' issued by 'Real Estate DEvelopment Office, Dept. of Land Ministry of Interior.

Page 8

"what are the powers and duties of the committee?"

1/ Monitoring control over the Juristic Condo Managements

2/ Appointing a member to assume dutie sof the manager... where there is no manager

3/ Arranging baord meetings... etc.

4/ Other Duties as prescribed (there are none)

My understanding is that the committee's only power is to call meetings etc. and monitor as described - also visa status is an issue I understand. The JP, as elected, is the only one who has to sign cheques, letters etc. - not committee members. He/she can refuse to sign, for instance... and the committee can only 'suggest' and 'recommend'. It's strange that the advice you received is opposite.

The JPM acts on behalf of the jp...within the law and performing the will of the JP. The commitee members individuall cannot act only the JPM can but the JP can be replaced at any time by the comitte if he does not follow its wishes. TAhe JPM would also be legally responsible if he failed to do so.

This is much the same as a westerncompany. The shareholders cannot intervene in a comany and give instructions to the staff. The Manager does so. within the limits of his powers given by the company board. The instructions are conveyed by the Managing Director who has pwer to act for the company. Indiviual Board members cannot give instructions to company employees but they can act as a commitee to replace the Manager or the shareholders can act to relace the Managing Director.

[ChiangMaiFun]

This comes as a surprise. I researched and received the definition of JPM from no fewer than 5 lawyers, including a professor of law whose firm practices law and who deals with Royal matters in Bangkok. Queries to legal departments of our 2 different management companies supplied the same answer.

I have no idea what the case in the Land Office was about, but your stated conclusion re: JPM contradicts all information I've been given by the above.

When a JPM attempted to take over our bldg. he was promptly, firmly and legally put back in place.

very strange - what does need to be done is a proper overhaul. I have a document called 'Juristic Condominium Administartion Handbook' issued by 'Real Estate DEvelopment Office, Dept. of Land Ministry of Interior.

Page 8

"what are the powers and duties of the committee?"

1/ Monitoring control over the Juristic Condo Managements

2/ Appointing a member to assume dutie sof the manager... where there is no manager

3/ Arranging baord meetings... etc.

4/ Other Duties as prescribed (there are none)

My understanding is that the committee's only power is to call meetings etc. and monitor as described - also visa status is an issue I understand. The JP, as elected, is the only one who has to sign cheques, letters etc. - not committee members. He/she can refuse to sign, for instance... and the committee can only 'suggest' and 'recommend'. It's strange that the advice you received is opposite.

The JPM acts on behalf of the jp...within the law and performing the will of the JP. The commitee members individuall cannot act only the JPM can but the JP can be replaced at any time by the comitte if he does not follow its wishes. TAhe JPM would also be legally responsible if he failed to do so.

This is much the same as a westerncompany. The shareholders cannot intervene in a comany and give instructions to the staff. The Manager does so. within the limits of his powers given by the company board. The instructions are conveyed by the Managing Director who has pwer to act for the company. Indiviual Board members cannot give instructions to company employees but they can act as a commitee to replace the Manager or the shareholders can act to relace the Managing Director.

yes, yes agreed - that's what I was saying - the only thing where I think you are not right is the committee cannot sack the JPM only a GM

[ripley]

This is an intriguing difference of information and opinion. Pretty important as well. I don't know how it's to be sorted, but my own understanding continues to be:

The Committee is the elected representative of the Co-owners (JP) to carry out their wishes according to AGM & EGM. The Juristic Person Manager is also elected, but to scan documents submitted by the Committee as to legality and proper procedure and to sign them accordingly. The JPM's signature is NOT required on cheques. It is required on contracts, audits and the like. The JPM must be a Thai national and have some legal knowledge & qualifications. (If a Co-owner can't be found with the proper qualifications, a lawyer or the legal department of a management company may be hired/ designated to perform the service.) Documents are scanned and submitted to the JPM by the Committee (or by the Manager with Committee approval).

The JPM can refuse to sign a document only if he deems it to be illegal or improperly processed.

This seems only to make sense because, if the JPM had the kind of control you describe the bldg. would be to all intents and purposes run by only one person. Far too many opportunities for misbehaviour, unchecked except by the unwieldy process of EGMs.

In my opinion, on no account should the JPM be a member of the Committee, although I can see no reason why the JPM should not attend meetings (without a vote).

Incidentally, my opinion also is that the most vital responsibility of the Committee is to carefully examine and codify procedures for disbursement of funds, signing of cheques, selecting contractors & all things monetary.to prevent any opportunity for graft or other irregularities. Just one example is requiring every cheque presented for signatures be accompanied by its official paperwork, and signed by no fewer than 3 Committee members.

Edited October 29, 2010 by ripley

[ChiangMaiFun]

This is an intriguing difference of information and opinion. Pretty important as well. I don't know how it's to be sorted, but my own understanding continues to be:

The Committee is the elected representative of the Co-owners (JP) to carry out their wishes according to AGM & EGM. The Juristic Person Manager is also elected, but to scan documents submitted by the Committee as to legality and proper procedure and to sign them accordingly. The JPM's signature is NOT required on cheques. It is required on contracts, audits and the like. The JPM must be a Thai national and have some legal knowledge & qualifications. (If a Co-owner can't be found with the proper qualifications, a lawyer or the legal department of a management company may be hired/ designated to perform the service.) Documents are scanned and submitted to the JPM by the Committee (or by the Manager with Committee approval).

The JPM can refuse to sign a document only if he deems it to be illegal or improperly processed.

This seems only to make sense because, if the JPM had the kind of control you describe the bldg. would be to all intents and purposes run by only one person. Far too many opportunities for misbehaviour, unchecked except by the unwieldy process of EGMs.

In my opinion, on no account should the JPM be a member of the Committee, although I can see no reason why the JPM should not attend meetings (without a vote).

Incidentally, my opinion also is that the most vital responsibility of the Committee is to carefully examine and codify procedures for disbursement of funds, signing of cheques, selecting contractors & all things monetary.to prevent any opportunity for graft or other irregularities. Just one example is requiring every cheque presented for signatures be accompanied by its official paperwork, and signed by no fewer than 3 Committee members.

Well it certainly isn't 'clear' and in most condos the JPM does run the building - and is often the developer or largest owner. As I pointed out if you are on a retirement visa it would be breaking the visa rules anyway - recently the Police arrived to photograph one 'committee board' in a local condo for just that purpose. Not a risk I want to take to be honest.

I think how you describe would be great - but I've yet to see it - and if this is the case the law should be drafted CLEARLY so there is no mis-understanding but from all the versions I have read it seems that the JPM is the manager - it says 'the JPM must manage by himself' - and I quoted the Land Office document in an earlier post - committee 'monitors'.

[ripley]

This question of work visas for Committee mtngs. keeps coming up. We know that the visa regulations forbid any kind of work performed without a permit. It's even suggested that a foreigner can be busted for doing his own repairs, etc. In practice it seems officials only enforce this law when a foreigner is performing work for which a Thai national might be paid.

I'm thinking of situations - clubs, for instance - which have treasurers, presidents, officials of other types. I don't think the PCEC or Jesters worry about work permits. Isn't a Committee much the same sort of thing?

Does anyone out there know from personal experience of an instance when Committee members have been troubled?

Edited October 30, 2010 by ripley

[ChiangMaiFun]

This question of work visas for Committee mtngs. keeps coming up. We know that the visa regulations forbid any kind of work performed without a permit. It's even suggested that a foreigner can be busted for doing his own repairs, etc. In practice it seems officials only enforce this law when a foreigner is performing work for which a Thai national might be paid.

I'm thinking of situations - clubs, for instance - which have treasurers, presidents, officials of other types. I don't think the PCEC or Jesters worry about work permits. Isn't a Committee much the same sort of thing?

Does anyone out there know from personal experience of an instance when Committee members have been troubled?

I think the problem is this... if you piss someone off here they can report you (a donation to pension funds perhaps?) I have heard of four guys being sent home for working (not on a committee I grant you) but because they got on the wrong side of another farang and he reported them. As I mentioned I have seen Police come and photograph a 'committee board' myself.

But this is only one issue - I think it's far from clear that committee's are supposed to work at all - I have read the law many times and sought lawyer's advice too - from the translations it seems the JPM is supposed to manage - and because of some confusion the Land Dept. issued 'Guidelines' which I quoted earlier. I think it far too risky to assume we 'can' work or that the authorities will always 'turn a blind eye'. Amazing Thailand.

[ripley]

I really hope you're wrong about the JPM. As I said, this would mean the condo business would be controlled by one person with no check on excesses except the EGM which is extremely difficult to arrange. Perfect opening for a tin-pot, hotshot, corrupt or nutsy dictator who could do much damage before anyone got it together to vote him out.

Nope. Not paranoid. Have come perilously close to this scenario on two different occasions and it wasn't pretty.

Perhaps the translators also got confused with the terminology (JP, JPM, Manager)? Given the constant mis-usage of these terms plus info I've mentioned from lawyers, it seems a possible explanation for this boondoggle.

Edited October 30, 2010 by ripley

[ripley]

ChiangMaiFun: Any chance you could post the Land Office "Guidelines" on the Forum? If it's not too long, it might be helpful to our discussion if you could post the section regarding JPM and Committee duties/ authority on this Topic.

[ripley]

Someone asked recently whether there is any English translation of Condominium Law which is officially verified by the Thai Government. I don't think there is. (Does anybody know?) What we have is attempts by various people to make the meanings clear, and also the opinions of lawyers.

Look thru any post on condominiums and you'll find skewed terminology. The most educated and experienced of us mix up JP with JPM with Manager, there are "Committees", "Boards", "Directors", etc, etc. There are also vagaries as to definitions (ex: "monitoring", "powers").

Thus, it seems logical to conclude that inaccuracies are peppered throughout translations and understandings of Thai Condominium Law. If we accept that as true, then it only makes sense to apply logic to the law to construct a graft-free, democratic governance and use it to protect & maintain the building, its grounds and owners.

I agree with others on the Forum who opine that the laws are, in some cases, deliberately vague so that they may be applied according to the various officials' needs at a given time - "wiggle room" so to speak. Keeping that in mind, I doubt very much that the Law would provide for a Committee of co-owners and then seriously bust them for serving on that Committee. (Even though they technically can!) Nowhere in the Law does it state "a Committee composed of the JP possessing work permits".

Edited November 12, 2010 by ripley

[ChiangMaiFun]

Someone asked recently whether there is any English translation of Condominium Law which is officially verified by the Thai Government. I don't think there is. (Does anybody know?) What we have is attempts by various people to make the meanings clear, and also the opinions of lawyers.

Look thru any post on condominiums and you'll find skewed terminology. The most educated and experienced of us mix up JP with JPM with Manager, there are "Committees", "Boards", "Directors", etc, etc. There are also vagaries as to definitions (ex: "monitoring").

Thus, it seems logical to conclude that inaccuracies are peppered throughout translations and understandings of Thai Condominium Law. If we accept that as true, then it only makes sense to apply logic to the law to construct a graft-free, democratic governance and use it to protect & maintain the building, its grounds and owners.

I agree with others on the Forum who opine that the laws are, in some cases, deliberately vague so that they may be applied according to the various officials' needs at a given time - "wiggle room" so to speak. Keeping that in mind, I doubt very much that the Law would provide for a Committee of co-owners and then seriously bust them for serving on that Committee. (Even though they technically can!) Nowhere in the Law does it state "a Committee composed of the JP possessing work permits".

I don't think anoyone has suggested that sitting on a committee may be considered as 'working'. It could be, though, if the committee start to 'manage' - that is the JP's job not the committee's.

[ripley]

"I don't think anoyone has suggested that sitting on a committee may be considered as 'working'. It could be, though, if the committee start to 'manage' - that is the JP's job not the committee's."

By "JP" do you mean the Juristic Person (the co-owners as a whole) or the JPM (the Juristic Person Manager)?

As to "working" - again, this is a fine line of definition.

[ChiangMaiFun]

"I don't think anoyone has suggested that sitting on a committee may be considered as 'working'. It could be, though, if the committee start to 'manage' - that is the JP's job not the committee's."

By "JP" do you mean the Juristic Person (the co-owners as a whole) or the JPM (the Juristic Person Manager)?

As to "working" - again, this is a fine line of definition.

Sorry 'JPM' - putting aside the permit issue (which would probably never be enforced) the committee's job is soley to hold two meetings a year, submit accounts and pass resolutions - not to 'manage'. The law says the JPM must do this 'by himself'.

[ripley]

Sez you!

[ChiangMaiFun]

Sez you!

Sez the 'Juristic Condo Admin Handbook' from Real Estate Development Office, Dept. Land Ministry of Interior'

Question: Does the Manager have to carry out hid duties by own self?

Answer: Normally, the Manager MUST carry out his duties... bla bla (not the committee you note).

Page 3 refers.

Question: What are the powers and duties of the committee?

Answer:

(1) Monitoring control over the Juristic Condo Management

(2) Appointing a member to assume the JPM position temporarily IF there is NO manager

(3) Arranging Board meetings once every 6 months

(4) Other duties as perscribed (there are none)

Page 8 refers

This document is NOT widely available in English - I have one because I was one a committee and we paid for a translation by a large Law Firm.

[ripley]

With respect, we disagree. I could continue to analyze and argue the meaning of the rules you quote 'til the cows come home - repeating myself ad nauseum. And maybe I will! But not yet.

I'd be interested to read the input of other condo owners before I say any more on this particular aspect of this Topic.

[ChiangMaiFun]

With respect, we disagree. I could continue to analyze and argue the meaning of the rules you quote 'til the cows come home - repeating myself ad nauseum. And maybe I will! But not yet.

I'd be interested to read the input of other condo owners before I say any more on this particular aspect of this Topic.

well I wish you were right! and indeed hope you are! one things for sure the Act is very, very badly drafted

[ripley]

Just wondering: Are all the co-owners in various bldgs aware or being made aware of their right to proxy votes? Disseminating this information & encouraging owners to use it would help the Committees, etc. to be aware of the wishes of the owners as well as supporting (or damning!) proposed projects & policies. It's my impression that this privilege is under-utilized.

[ripley]

Check out "Thai Condominium Act Amended" on the Forum. Lively chat & solid information, lots of which touches on what people have been discussing here. If I understood correctly, there are to be new amendments to the Condo Law translations in near future.

[ripley]

Gee I feel dumb. Altho the title reference was Nov.2010, the posts on this forum are from 2008! So, no "new" condo amendments. But info & conversation still of interest.