Changing Condominium Rules

[pepi2005]

I have been voted into the co-owner's committee of the building I'm living in a couple of weeks ago and have looked through the rules of the Condominium a bit (yes I know I should have done that before already ). Turns out that the rules are actually a compendium of not less than 6 different documents attached to each other, which cover certain topics a couple of times, and not necessarily identically. Apart from that, the building had a different legal structure by the time the rules were registered, and if that wasn't enough, the rules registered at the Land Office are different from the ones many of us believed are the 'real' ones. Needless to say that this could cause us lots of trouble in the future.

My idea is to vote on the 'current' rules during the next AGM after streamlining and updating them, and then to register the new version at the Land Office (afaik it has to be a certified Thai translation).

However, if I interpret it correctly, a change of the rules would require 75% positive votes of the co-owners, when we are usually happy to achieve a quorum (25%) during these meetings! Would the Condominium Law Section 43 and 48 (that in a followup meeting held 15+ days after the AGM, no quorum is required) apply in such a case?

thanks!

Edited December 15, 2010 by pepi2005

[hhgz]

The Condo Act is a legal document, and your condo needs to follow the Act explicitly. If the Act is not followed, individual owners could - and should - hold you and the rest of the condo board responsible. The Act cannot be revised to suit your desires.

[pepi2005]

I am not intending in any way to do something that would violate the Condo Act (where do you get this idea from?), actually that's exactly why I am asking about the correct procedure in a case where the rules have to be updated here.

[wpcoe]

How about a mass mailing to registered owners, presenting the situation as you did for us in the opening post, and emphasizing the need to rectify the situation via a vote, and enclose a proxy form to sign over votes to the board should the 75% (if that is the quorum required) not be present at the meeting? Or, are things not done that way in Thailand?

[pepi2005]

Yes, 75% would be required to change the rules.

However, as far as I understand the law, no one of the Board of Directors / Committee members can act as a proxy for a co-owner during an AGM. So I doubt your idea would be legal.

I would rather expect that we won't achieve a 75% quorum (even if we urge the co-owners) and that we'd have to hold a 2nd meeting and voting 15 days later as outlined in Condominium Law Section 48. Do I interpret it correctly that according to this section, in the 2nd meeting a regular majority of the attending co-owners plus proxies would suffice to allow a change of rules?

thanks, p.

[briley]

It is 50% of the owners to change the regulations registered at Land Registry. These then have the force of law.

Rules can be made without this. By the Juristic Manager and with the help support or whatever of the committee, but are hard to enforce, ie no parking in this place etc

[PattayaParent]

There is some confusion here (at least with me) regarding quorum and the percentage of votes required.

Is the requirement of 50% to effect a rule change absolute, meaning that if there are less than 50% of owners present the changes cannot be passed under any circumstances?

According to my condo rules a quorum is established by having 1/3 (33.33%) of the eligible voters present.

Now if there is a quorum as above and there is less than 50% of all owners present in order to effect a rule change does this mean

1. that the rule change cannot be passed and another follow up meeting 15 days later cannot be called in order to vote the changes as a simple majority?

Or

2. that a follow up meeting may be called and a simple majority can effect the rule change

Or

3. that a follow up meeting may be called but it still needs a 50% majority of all owners to effect the rule changes?

[briley]

PattayaParent -

Firstly be certain if you want to change a condo rule or the condo regulations.

The Condo regulations are registered with the Land Registry and appear to have the force of law. They must comply with the Condo act that defines some of the what must be in the regulations.

To change them you have to have 50% of the area of the condo voting yes, not just those attending the meeting. You can have a follow up meeting with a lesser requirement.

To change condo rules, that can be done by the committee, juristic manager, building manager etc. But they are only rules and can be hard to enforce!

[PattayaParent]

^Thanks for your reply to this and my proxy question.

So my understanding of your answer to my scenario above is

2. that a follow up meeting may be called and a simple majority can effect the rule change.

And what about rule changes that affect the common areas that require 75% of votes? Can they be changed by simple majority at a follow up meeting also?

Edit: and if rules are changed can they be applied retoactively? eg. introducing a change that says no satellite dishes are allowed whereas many owners already have dishes. Can the Juristic Manager then later force all owners to remove their dishes or are they 'grandfathered in' so to speak.

Edited January 7, 2011 by PattayaParent