Hello,

is it legally possible for co-owners to receive voting forms for specific EGM polls

(with the poll and options outlined on the voting form), to fill them out, sign them

and send them back? Or do they have to be physically present (or represented by a proxy)

to get their vote counted?

thanks,

pepe

For certain the Condo Act does not refer to electronic communication. Also if this EGM is to be registered at the Land Office-then they will require all originals (including the proxies).

When I was organizing an EGM with the support of a professional Condo Management Co. -I suggested that proxies could be e-mailed. The answer was NO

So my best guess is NO to your question

Our condo allows proxy forms to be faxed for your proxy to complete in person and vote on your behalf.

But actual votes - NO

But if the poll forms would be mailed to the co-owners along with a return envelope,

they could send their original vote … wouldn't that be legal?

I'm not talking about proxy forms here (actually I feel that since email is a traceable form of data communication, sending an email with a scanned copy of a signed proxy form should be legal), but about actual votes sent by MAIL (not email).

thanks, p.

Owners/proxies must give in a copy of their ID and this must be signed.

The sticking point always seems to be that any signature must be original, so fax/scanned signatures are not acceptable in Thai law.

That seems to prevent e-mail or fax voting.

But if the poll forms would be mailed to the co-owners along with a return envelope,

they could send their original vote … wouldn't that be legal?

I'm not talking about proxy forms here (actually I feel that since email is a traceable form of data communication, sending an email with a scanned copy of a signed proxy form should be legal), but about actual votes sent by MAIL (not email).

thanks, p.

The absent (from the EGM ) co -owner can indicate his voting intention by mail,e mail or semaphore-but only to his legal proxy carrier.

There are , I suspect quorum reasons to consider. 25% of total building vote is required (bodies and Proxy carriers) for the meeting to be legal.

Your asking that a vote can count -even though it distorts potentially important attendance criteria. You would be adding to the confusion. Why attend -just send a letter.

At our recent AGM 'scanned and e-mailed ' proxy forms and copies of passports were allowed. The originals had to be with the AGM organizers within (I think) 5 days for the vote to count.