Definition Of Terms In Thai Condo Law

[ripley]

Hi pkrv -

The thread is a goldmine! Good find.

Am travelling at the moment, but still keen to consolidate information into a glossary, which will provide an easy access to simple info. Threads like the one you mention should help immeasurably.

When I'm back, with brain cells assembled and focussed, shall get to work!

Thanks again.

[thaiwanderer]

Competent Official- The state officer appointed by the Ministry to enforce the Act

Splitting hairs, I'd say authorised rather than appointed and as per a previous thread those powers vest in different officials depending on the particular part of the act being enforced and how.

[ripley]

Just a quick word to let you know I haven't abandoned this project. I'm on the road & will re-engage with this as soon as re-settled. Thanks for all the support.

[ripley]

I've just been informed by a (hired) condo manager that the Land Office informs him that ANY person can hold the position of Juristic Person Manager. According to him, knowledge of Thai Language, Law, or a Work Permit is no consideration any longer. Therefore, that condo now has a farang JPM. He also says this is in accordance with the 2008 Amendments - which, incidentally, do not mention the position of JPM at all. This manager also states that a person may serve as a committee member and JPM simultaneously and his condo has done precisely this. I wonder how many other condos are doing the same thing??

I've participated in many conversations/ debates regarding the position of JPM and also consulted various lawyers on the subject. The definition above pretty much covers what lawyers state as the case and, although lay opinions differ on the duties and powers of a JPM, I've never heard anyone say that this is a "throwaway" or non-existent position.

Although it seems only logical that a condo needs a Thai citizen, independent of Management and Committee and with some legal background to deal with official documents on behalf of the condo, the matter now appears to be in dispute. I am also concerned that there is no real mention of the position of JPM in the 2008 version of Condo Law.

This presents a problem in defining the term "JPM " for purposes of this thread - not to mention the problems it presents for condominiums throughout Thailand!

How are we now to define "JPM"? Anybody got further information on this subject?

Meanwhile, in another part of the forest, paper-shuffling begins again on the other definitions. Just found a site that has some good ones, very much in line with DELIGHT's in many cases.

[ripley]

..."the definition above..." refers to Delight's most recent contribution.

Also, didn't intend to infer that the JPM works independently of the Committee and JP. Simply that s/he is bound by Thai Law and not subject to coercion.

[thaiwanderer]

A JPM's duties (paid or unpaid) are undoubtedbly work for the purposes of the labour laws.

In the absence of formal legislation or ministerial regulations to the contrary I'd say it would be safer to stick with the 'old' definition above.

- apart from 'typically just referred to as JP' since that invites confusion with the CJP.

[ripley]

Still busy as a one-armed paperhanger, but keen to get this thread complete even if at it just an hour or so per day. (Incidentally, I work a lot w/ pen and paper when gleaning info. Takes a while but works for me.) It's gonna take a bit more research and there are also several threads on the Forum which have good definitions as well as terms we hadn't thought of.

Shall also change the name of this thread to "Discussion of ..."

Meanwhile, I read Delight's post about the "Tabien Bahn". That will be a good term & definition to add to our Glossary. Anyone got any others not yet mentioned?

[ripley]

A few more terms open for definition or other input. These are gleaned from some excellent topics & posts already on TV. I include my rough notes.

"Condominium": A group of connected units registered as an whole entity under the classification "Condominium"

"Tabien Bahn": A booklet which provides proof of residence. Thais receive a blue book, foreigners a yellow one

**"Chanote": also called "Chanote ti din"

"Freehold (as relates to condominium unit):

"Nominee Company": A condo can be registered in the name of a company which is then termed a "nominee company". Rules and laws differ somewhat between condos owned by individuals and those owned by nominee companies.

"Condotel": a condominium building containing unpurchased units still owned by the developer which he may rent out in similarly to hotel rooms

"Foreign Quota": A percentage of units allowed to be owned by non-Thais which is usually 49%. Not all condominiums are available to foreigners.

"F.E.T.": Foreign Exchange Transaction Form

Further, I propose we continue separate definitions of "Juristic Person Manager" and "Manager", as previously written in Topic.

Have also requested information on how to change this Topic's title to "Discussion of Condominium Terms and Definitions". Then have a separate Topic "Glossary of Condo Terms and Definitions" which will consist of those tweaked and approved by Delight, Pkrv and myself.

Okey Dokey??

[ripley]

WORK ON T.V.F. CONDO TERM DEFINITIONS:

Thai Condominium Act: The Act which outlines all Laws regarding the establishment, operation and dissolution of a Condominium.

A.G.M.: Annual General Meeting. It is mandated by the Thai Condominium Act that every Condo have an AGM. The Agenda for the AGM is also mandated clearly in the Act.

E.G.M.: Emergency General Meeting. This term may refer to a “Second Call” meeting of the AGM if for some reason the first AGM was unable to meet requirements such as quorum or voting ratios. It also refers to an additional meeting to address Condo matters, which may be called by the Committee or the Juristic Person Manager (conditions apply), or 25% of the Co-owners.

C.J.P.: Condominium Juristic Person. Refers to the Condominium as a whole – individual units, common properties, assets, owners, etc.

J.P.M.: Juristic Person Manager. A person elected by the Co-owners at an AGM whose function is to check all official paperwork for legality and to sign required documents (Government and others) submitted to the CJP. The “hand” of the owners, if you will. This person must have some legal qualifications, be fluent in the Thai language and must have legal authority to work in Thailand. (If the building is run by a Management Company, their legal department may serve as JPM).

J.P. : Juristic Person. A Co-owner, ie: The owner of a Condominium unit. (A non-owner is referred to in the Condominium Act as a “Normal Person”.

Manager: A Normal or Juristic person hired to implement management tasks for the Condominium under the supervision of the Committee and the JPM.

Management Company: A private company hired on a contract basis to implement management tasks. Such companies usually provide a Manager, and may offer Legal services as well.

Condominium: A building or group of buildings, registered with the Land Department under the Thai Condominium Act, which can be separated into units for individual ownership and which includes Common Properties.

Condominium Unit: A part of the building that has been separated for private ownership by an individual or company.

Committee: (Sometimes referred to as “The Board”) A group of not less than 3 and not more than 9 Co-owners elected at an AGM to represent the interests of the Co-owners. They may frame policy but are not empowered to implement it.

Co-owner; Owner of a Condominium unit. (a Juristic Person)

Common Property: Any space in the Condominium Building or on its grounds which is not and cannot be owned privately. (This includes the land upon which the Condo is built). All Co-owners own a share of the Common Property, sharing also in the expense of its upkeep. It is to be used for their communal enjoyment, recreation and benefit.

Certificate of Condominium Ownership (Chanote ti din): The document that certifies legal ownership of personal property and accompanying common property.

Completion: The registration of the CJP with the Competent Authority according to Thai Condominium Act, which can only be done upon the full completion of the building and contractual terms and conditions as specified in the Co-owners’ contract.

Competent Official: The State Officer/s authorized by the Ministry to enforce the Thai Condominium Act. Powers vest in different officials, depending on the particular part of the Act being enforced and how. Contact is via the Land Department/ Office.

Condotel: A Condominium containing un-purchased units owned by the developer which can be rented out in much the same way as an hotel room.

Regulations: (also called “By-laws”) Rules for your Condominium, written, proposed and approved by a vote at either an AGM or EGM. The Condominium’s regulations are Law, so long as they do not contravene the Thai Condominium Act or Thai Law.

Maintenance Fund: A mandatory annual payment based on the square meterage of each Condominium unit. This amount is used to pay staff, make repairs and keep the building in peak condition. Details regarding payment, default or any alteration of the Maintenance Fee are clearly outlined in the Thai Condominium Act.

Sinking Fund: A fund maintained separately from the Maintenance Fund, to be used only for building emergencies or demanding and unforeseeable circumstances. Sinking funds are fixed initially at the discretion of the developer, subsequently determined by vote at an AGM or EGM.

Proxy: A normal or Juristic Person authorized by a Co-owner to exercise his/her vote at an AGM or EGM, or to act on his/ her behalf in any matter. The limit is three Proxies per person authorized.

Tabien Bahn: A booklet to which an owner is entitled which provides proof of residence. For Thais, the book is blue. For foreigners it is yellow.

Voting Power: The strength of a Co-owner’s vote at an AGM or EGM is proportional to the square meters s/he owns, including the share of Common Property. There are exceptions, details of which and applicable restrictions are clear in the Thai Condominium Act.

???Square Meter Ratio: The sum of meterage owned by the Co-owner, including his/her share of Common Property.

Nominee Company: A company which has purchased a Condominium unit in its own name.

Foreign Quota: The percentage of units foreigners are allowed to own. Usually this amount is 49%, but not all Condominiums are open to Foreign ownership, nor may a Foreigner insist on on Foreign registration even if the Condominium’s Foreign Quota is not filled. The Foreign Quota is recorded but not implemented by the Land Office.

Edited September 19, 2011 by thaiphoon
Duplication removed and line spacing reformatted

[ripley]

Sorry, but some kind of error has caused an annoying repeat of my post which I've not been able to correct. I've contacted a moderator in hopes s/he will erase the many copies.

Meanwhile, please feel free to comment or to correct the term definitions.

To DELIGHT & PKRV: Do these meet with your approval for the final topic "Glossary of Thai Condominium Terms"? Please comment.

Edited September 19, 2011 by thaiphoon
Repetition removed from post above

[pkrv]

Hi Ripley - I note your PM - Sorry I was away on holiday (guess where) at the time.

???Square Meter Ratio: The sum of meterage owned by the Co-owner, including his/her share of Common Property.

Sorry I cannot give an answer. I know notihng of this. I can say it does not apply to us at The Park. At a guess it may perhaps be a way of offsetting the expenses incurred by those who own larger units aginst those who own smaller units? i.e. our juristic fees are based on size of unit. I am sorry I don't know.

The only other thing is it is a FETF (FLA) as apposed to FET (TLA) - not that significant.

<Edit 49% of salable space not units>

PKRV - Excellent post BTW

Edited September 20, 2011 by pkrv

[ripley]

Hi pkrv -

I don't know the terms "FETF (FLA) or FET (TLA). Something to do with Foreign Exchange Transaction? Can you define?

The Square Meter Ratio: I know that the sqm. of your condo determines your share of the Common Property. And the Square Meter Ratio determines voting power and maintenance charges. Our condo is a bit whimsical - sometimes billing us for just the square meterage of our units, at other times the full square meterage of our units plus the attendant share of common property. (To make things more complicated, our rates differ from floor to floor - sometimes from unit to unit.). I think condos operate on different formulas.

Unless someone has a better definition of Square Meter Ratio, mine might as well stand & everyone can figure out for themselves what their condo is doing. Damned if I can figure out mine!

[pkrv]

Hi Ripely

Sorry I was being a bit flippant. A 'TLA' is a three letter acronym so 'FET' means a Foreign Exchange Transfer and a FLA is for a 'Four Letter Acronym' so FETF is a Foreign Exchange Transaction Form.

Philip

[ripley]

Like I needed to be more confused?!

But I think we put F.E.T. Form into the Glossary as "Foreign Exchange Transaction Form" (?)

Edited September 20, 2011 by ripley

[ripley]

Whoops! I just caught one. EGM stands for "Extra-ordinary General Meeting" - not Emergency.

[Delight]

Sorry, but some kind of error has caused an annoying repeat of my post which I've not been able to correct. I've contacted a moderator in hopes s/he will erase the many copies.

Meanwhile, please feel free to comment or to correct the term definitions.

To DELIGHT & PKRV: Do these meet with your approval for the final topic "Glossary of Thai Condominium Terms"? Please comment.

.

In response to your post –I contribute as follows:

AREAS

I think that the following may help. Then again it may be too cumbersome.

It also represents my understanding.

Nominal Area of a Condominium Unit

This is the area referred to by those who are selling the condo unit. It will always be a greater value than the Chanote Area. Some sellers simply refer to Chanote Area

Chanote Area. This is the official area determined by the land register office.

(the following may be just too much info..)

Typically it will be the Nominal Area less the following:

1 1) Area of the main building columns associated with a particular Condo Unit

2) The area of the balcony wall (if appropriate). All balcony walls are common area.

3) 50% of the area of the wall that borders with a corridor or common walk way.. This 50% is the outer part of the wall and as such is common area.

The main purpose of the Chanote Area is to determine a value for transfer taxation purposes. Taxation on balcony areas is typically lower than the taxation imposed on the living area.

Your definition –is perhaps just as effective i.e.

???Square Meter Ratio: The sum of meterage owned by the Co-owner, including his/her share of Common Property.

However I think that the term Ratio is in appropriate. Possibly Individual Ownership Area is more accurate.i.e.

Individual Ownership Area : The sum of(1) meterage owned by the Co-owner as detailed on the Chanote and(2) his/her share of Common Property.

--------------------------------------------------------------------------------------------------

Foreign Quota: The percentage of units foreigners are allowed to own. Usually this amount is 49%, but not all Condominiums are open to Foreign ownership, nor may a Foreigner insist on on Foreign registration even if the Condominium's Foreign Quota is not filled. The Foreign Quota is recorded but not implemented by the Land Office.

I am having some problems with this:

I think that the 49% refers to Total Chanote area-not the number of units.

Also

Where does it state?: not all Condominiums are open to Foreign

ownership, nor may a Foreigner insist on Foreign registration even if the

Condominium's Foreign Quota is not filled

-------------------------------------------------------------------------------------------------

I also think that something should be said about Bank Accounts.

This is because some unscrupulous developers who continue to manage the condo, for some years after the building was registered ,only use the Bank Account –Developer. This is strictly illegal. The developer capitalizes on the ignorance of buyers.

It may be outside the brief for the Glossary -I shall leave it to your discretion

Bank Account –Developer

Name of the building Co.,Ltd

This covers all the income (from buyers ) and all expenditure associated with buying land and building the Condominium. The data on this account is privy to the developer

Bank Account –Running and maintaining a Condominium

Name of the building Condominium Juristic Person

This receives maintenance fees , monies for the development of the common areas plus payments for utility bills.

It can only be opened when the building is officially registered as a Condominium Juristic Person

The data on this account, by category, must feature on the financial info. presented at the AGM

------------------------------------------------------------------------------------------------

Limited Liability

I would be more comfortable if the definitions pertaining to:

Condominium Juristic Person

Condominium Juristic Manager

Juristic Person included the phrase--- has limited liability.

The term Juristic was developed for this purpose.

As an aside:

Given your comments that the rules for determining fees in the condo where you live are not consistent over time and include a factor other than area then I would have to say that who is ever running your condo is taking the piss.

Edited September 21, 2011 by Delight

[pkrv]

Like I needed to be more confused?!

But I think we put F.E.T. Form into the Glossary as "Foreign Exchange Transaction Form" (?)

The two are fundimentally different - One is a Transfer - The other is an acknowledgment of the transfer by the BOT - (Bank of Thailand). You local bank must go though this route with the BOT- see the pinned thread.

http://www.thaivisa.com/forum/topic/147540-transfering-money-to-thailand-for-property-purchase/

[ripley]

In my opinion :

I think that the terms "Nominal Area" and "Chanote Area" belong in the Glossary, and require the details, even tho it is slightly more involved than one would normally put into a Glossary.

We can bracket "Individual Ownership Area" in the definition of Square Meter Ratio.

The Bank Account definitions are useful, and should be included.

No problem bracketing "Limited liability" with the various Juristic terms.

I think "Juristic" deserves its own definition. Got one? or will "Term which denotes a limited liability" do? I haven't really thought about it, but it's useful. (Our original condo regulations spelled the word "Jurassic"! It's the same version that announced that we could "pet animals" but were not allowed to have "tigers".)

The definition of F.E.T.F. should be included.

Although we want to make the Glossary definitions as concise as possible, we obviously want to provide as much info as possible. What do you think about a section at the bottom of the Glossary which supplies the most reliable and relevant threads we can find? Such as:

Relevant Threads:

http://www.thaivisa....perty-purchase/ : Info on F.E.T.F.s

I know I'd find something like this extremely useful. We could alter the title to something like "Glossary of Condo Terms and List of Relevant Threads".

I found the information about Foreign Quota allowances on T.V.F. threads. Can't remember which ones now, of course. But the discussions were about buying and selling UNITS on the market. I found no contradictions of this information. It came as a surprise to me & I assumed would to others which is why I included it in the definition.

"Given your comments that the rules for determining fees in the condo where you live are not consistent over time and include a factor other than area then I would have to say that who is ever running your condo is taking the piss."

Yup. Sounds that way. I have two condo units next door to each other and noticed they charge a slightly different fee per sqm. for each.When queried most recently, the only answer was: "That is the way. One unit is more valuable than the other." I said what you might expect me to say. They said what you can easily guess they would say. Wonder whether I'll ever get to the bottom of that one. Had a look at the Condo chart entire and payment rates are all over the shop. It would appear that nobody else has noticed or at least found reason to complain.

Edited September 21, 2011 by ripley

[ripley]

These are my work-up on the definitions submitted thus far. I think they include everything we've discussed, and I think they're ready for the final "Glossary…" Topic. I've tried to "star" and write in bold changes made to previous draft, but that effort got lost in the transfer from my file.

I submit these for the approval of pkrv and Delight, as previously agreed. As pkrv has already weighed in to say we could go even with the previous draft, I guess we just need Delight to give the "O.K."

WORK ON T.V.F. CONDO TERM DEFINITIONS:

Thai Condominium Act: The Act which outlines all Laws regarding the establishment, operation and dissolution of a Condominium.

A.G.M.: Annual General Meeting. It is mandated by the Thai Condominium Act that every Condo have an AGM. The Agenda for the AGM is also mandated clearly in the Act.<br style=""> <br style="">

CJP: Condominium Juristic Person. Refers to the Condominium as – individual units, common properties, assets, owners, etc. - *as an entity. This entity is to be considered under law separately from its individual members or shareholders. **(Limited liability)

E.G.M.: Extra-ordinary General Meeting. This term may refer to a "Second Call" meeting of the AGM if for some reason the first AGM was unable to meet requirements such as quorum or voting ratios. It also refers to any additional meeting to address Condo matters, which may be called by the Committee or the Juristic Person Manager (conditions apply), or 25% of the Co-owners.

**F.E.T.F.: Foreign Exchange Transfer Form

J.P. : Juristic Person. A Co-owner, ie: The owner of a Condominium unit. (A non-owner is referred to in the Condominium Act as a "Normal" **or "natural" Person". **(Limited liability)

J.P.M.: Juristic Person Manager. A person elected by the Co-owners at an AGM whose function is to check all official paperwork for legality and to sign required documents (Government and others) submitted to the CJP. The "hand" of the owners, if you will. This person must have some legal qualifications, be fluent in the Thai language and must have legal authority to work in Thailand. (If the building is run by a Management Company, their legal department may serve as JPM). **(Limited liability)

**Bank Account – Developer: This covers all the income and all expenditure associated with purchase of the land and building the Condominium. The data on this account is privy to the developer.

**Bank Account – CJP: This receives maintenance fees and all income/monies generated and received by the CJP. The data on this account must be categorized and presented together with all other financial information at the AGM<br style=""> <br style="">

Certificate of Condominium Ownership (Chanote ti din): The document that certifies legal ownership of personal property and accompanying common property.

Committee: (Sometimes referred to as "The Board") A group of not less than 3 and not more than 9 Co-owners elected at an AGM to represent the interests of the Co-owners. They may frame **and monitor policy but are not empowered to implement it.

Common Property: Any space in the Condominium Building or on its grounds which is not and cannot be owned privately. (This includes the land upon which the Condo is built). All Co-owners own a share of the Common Property, sharing also in the expense of its upkeep. It is to be used for their communal enjoyment, recreation and benefit.

Competent Official: The State Officer/s authorized by the Ministry to enforce the Thai Condominium Act. Powers vest in different officials, depending on the particular part of the Act being enforced and how. Contact is via the Land Department/ Office.<br style=""> <br style="">

Completion: The registration of the CJP with the Competent Authority according to Thai Condominium Act, which can only be done upon the full completion of the building and contractual terms and conditions as specified in the Co-owners' contract.

Condominium: A building or group of buildings, registered with the Land Department under the Thai Condominium Act, which can be separated into units for individual ownership and which includes Common Properties.

Condominium Unit: A part of the building that has been separated for private ownership by an individual or company.<br style=""> <br style="">

Condotel: A Condominium containing un-purchased units owned by the developer which can be rented out in much the same way as an hotel room.<br style=""> <br style="">

Co-owner; Owner of a Condominium unit. (a Juristic Person) <br style=""> <br style="">

Foreign Quota: The percentage of units foreigners are allowed to own. Usually this amount is 49%, but not all Condominiums are open to Foreign ownership, nor may a Foreigner insist on on Foreign registration even if the Condominium's Foreign Quota is not filled. The Foreign Quota is recorded but not implemented by the Land Office.

<b>**Juristic: Of one relating to law or legality. The term "Juristic" indicates a shielding of the so described person or entity from personal legal liability <br style=""> <br style=""> </b>

Maintenance Fund: A mandatory annual payment based on the square meterage of each Condominium unit. This amount is used to pay staff, make repairs and keep the building in peak condition. Details regarding payment, default or any alteration of the Maintenance Fee are clearly outlined in the Thai Condominium Act.

Manager: A Normal (Natural) or Juristic person hired to implement management tasks for the Condominium under the supervision of the Committee and the JPM.

Management Company: A private company hired on a contract basis to implement management tasks. Such companies usually provide a Manager, and may offer Legal **and other services as well.

Nominee Company: A company which has purchased a Condominium unit in its own name. <br style=""> <br style="">

**Normal or Natural Person: a person not a Co-owner of the condominium

Proxy: A normal or Juristic Person authorized by a Co-owner to exercise his/her vote at an AGM or EGM, or to act on his/ her behalf in any matter. The limit is three Proxies per person authorized.

Regulations: (also called "By-laws") Rules for your Condominium, written, proposed and approved by a vote at either an AGM or EGM. The Condominium's regulations are Law, so long as they do not contravene the Thai Condominium Act or Thai Law.

Sinking Fund: A fund maintained separately from the Maintenance Fund, to be used only for building emergencies, demanding unforeseeable circumstances.** Circumstances for other usage must be clearly specified and voted upon at an AGM/ EGM. The amount of a Sinking fund is fixed initially at the discretion of the developer, subsequently determined by vote at an AGM or EGM.

**Square Meter Ratio: (Individual Ownership Area) The sum of meterage owned by the Co-owner including his/her share of Common Property.

Tabien Bahn: A booklet to which an owner is entitled which provides proof of residence. For Thais, the book is blue. For foreigners it is yellow.

Voting Power: The strength of a Co-owner's vote at an AGM or EGM is proportional to the square meters s/he owns, including the share of Common Property. There are exceptions, details of which and applicable restrictions are clear in the Thai Condominium Act.

Notes on Areas:

(Some sellers simply refer to "Chanote Area")

Nominal Area of a Condominium Unit

This is the area referred to by those who are selling the condo unit. It will always be a greater value than the Chanote Area. The Nominal area includes:

1.) Area of the main building columns

2.) Area of balcony wall

3.) 50% of the area of the wall that borders with a corridor or common walkway. Some sellers simply refer to Chanote Area<br style=""> <br style="">

Chanote Area. This is the official area determined by the land register office.

Typically it will be the Nominal Area less #s 1-3 as above. The main purpose of the Chanote Area is to determine a value for transfer taxation purposes. Taxation on balcony areas is typically lower than the taxation imposed on the living area.

RELEVANT THREADS:

<br style=""> <br style="">

Edited October 1, 2011 by ripley

[Delight]

These are my work-up on the definitions submitted thus far. I think they include everything we've discussed, and I think they're ready for the final "Glossary…" Topic. I've tried to "star" and write in bold changes made to previous draft, but that effort got lost in the transfer from my file.

I submit these for the approval of pkrv and Delight, as previously agreed. As pkrv has already weighed in to say we could go even with the previous draft, I guess we just need Delight to give the "O.K."

WORK ON T.V.F. CONDO TERM DEFINITIONS:

Thai Condominium Act: The Act which outlines all Laws regarding the establishment, operation and dissolution of a Condominium.

A.G.M.: Annual General Meeting. It is mandated by the Thai Condominium Act that every Condo have an AGM. The Agenda for the AGM is also mandated clearly in the Act.<br style=""> <br style="">

CJP: Condominium Juristic Person. Refers to the Condominium as – individual units, common properties, assets, owners, etc. - *as an entity. This entity is to be considered under law separately from its individual members or shareholders. **(Limited liability)

E.G.M.: Extra-ordinary General Meeting. This term may refer to a "Second Call" meeting of the AGM if for some reason the first AGM was unable to meet requirements such as quorum or voting ratios. It also refers to any additional meeting to address Condo matters, which may be called by the Committee or the Juristic Person Manager (conditions apply), or 25% of the Co-owners.

**F.E.T.F.: Foreign Exchange Transfer Form

J.P. : Juristic Person. A Co-owner, ie: The owner of a Condominium unit. (A non-owner is referred to in the Condominium Act as a "Normal" **or "natural" Person". **(Limited liability)

J.P.M.: Juristic Person Manager. A person elected by the Co-owners at an AGM whose function is to check all official paperwork for legality and to sign required documents (Government and others) submitted to the CJP. The "hand" of the owners, if you will. This person must have some legal qualifications, be fluent in the Thai language and must have legal authority to work in Thailand. (If the building is run by a Management Company, their legal department may serve as JPM). **(Limited liability)

**Bank Account – Developer: This covers all the income and all expenditure associated with purchase of the land and building the Condominium. The data on this account is privy to the developer.

**Bank Account – CJP: This receives maintenance fees and all income/monies generated and received by the CJP. The data on this account must be categorized and presented together with all other financial information at the AGM<br style=""> <br style="">

Certificate of Condominium Ownership (Chanote ti din): The document that certifies legal ownership of personal property and accompanying common property.

Committee: (Sometimes referred to as "The Board") A group of not less than 3 and not more than 9 Co-owners elected at an AGM to represent the interests of the Co-owners. They may frame **and monitor policy but are not empowered to implement it.

Common Property: Any space in the Condominium Building or on its grounds which is not and cannot be owned privately. (This includes the land upon which the Condo is built). All Co-owners own a share of the Common Property, sharing also in the expense of its upkeep. It is to be used for their communal enjoyment, recreation and benefit.

Competent Official: The State Officer/s authorized by the Ministry to enforce the Thai Condominium Act. Powers vest in different officials, depending on the particular part of the Act being enforced and how. Contact is via the Land Department/ Office.<br style=""> <br style="">

Completion: The registration of the CJP with the Competent Authority according to Thai Condominium Act, which can only be done upon the full completion of the building and contractual terms and conditions as specified in the Co-owners' contract.

Condominium: A building or group of buildings, registered with the Land Department under the Thai Condominium Act, which can be separated into units for individual ownership and which includes Common Properties.

Condominium Unit: A part of the building that has been separated for private ownership by an individual or company.<br style=""> <br style="">

Condotel: A Condominium containing un-purchased units owned by the developer which can be rented out in much the same way as an hotel room.<br style=""> <br style="">

Co-owner; Owner of a Condominium unit. (a Juristic Person) <br style=""> <br style="">

Foreign Quota: The percentage of units foreigners are allowed to own. Usually this amount is 49%, but not all Condominiums are open to Foreign ownership, nor may a Foreigner insist on on Foreign registration even if the Condominium's Foreign Quota is not filled. The Foreign Quota is recorded but not implemented by the Land Office.

<b>**Juristic: Of one relating to law or legality. The term "Juristic" indicates a shielding of the so described person or entity from personal legal liability <br style=""> <br style=""> </b>

Maintenance Fund: A mandatory annual payment based on the square meterage of each Condominium unit. This amount is used to pay staff, make repairs and keep the building in peak condition. Details regarding payment, default or any alteration of the Maintenance Fee are clearly outlined in the Thai Condominium Act.

Manager: A Normal (Natural) or Juristic person hired to implement management tasks for the Condominium under the supervision of the Committee and the JPM.

Management Company: A private company hired on a contract basis to implement management tasks. Such companies usually provide a Manager, and may offer Legal **and other services as well.

Nominee Company: A company which has purchased a Condominium unit in its own name. <br style=""> <br style="">

**Normal or Natural Person: a person not a Co-owner of the condominium

Proxy: A normal or Juristic Person authorized by a Co-owner to exercise his/her vote at an AGM or EGM, or to act on his/ her behalf in any matter. The limit is three Proxies per person authorized.

Regulations: (also called "By-laws") Rules for your Condominium, written, proposed and approved by a vote at either an AGM or EGM. The Condominium's regulations are Law, so long as they do not contravene the Thai Condominium Act or Thai Law.

Sinking Fund: A fund maintained separately from the Maintenance Fund, to be used only for building emergencies, demanding unforeseeable circumstances.** Circumstances for other usage must be clearly specified and voted upon at an AGM/ EGM. The amount of a Sinking fund is fixed initially at the discretion of the developer, subsequently determined by vote at an AGM or EGM.

**Square Meter Ratio: (Individual Ownership Area) The sum of meterage owned by the Co-owner including his/her share of Common Property.

Tabien Bahn: A booklet to which an owner is entitled which provides proof of residence. For Thais, the book is blue. For foreigners it is yellow.

Voting Power: The strength of a Co-owner's vote at an AGM or EGM is proportional to the square meters s/he owns, including the share of Common Property. There are exceptions, details of which and applicable restrictions are clear in the Thai Condominium Act.

Notes on Areas:

(Some sellers simply refer to "Chanote Area")

Nominal Area of a Condominium Unit

This is the area referred to by those who are selling the condo unit. It will always be a greater value than the Chanote Area. The Nominal area includes:

1.) Area of the main building columns

2.) Area of balcony wall

3.) 50% of the area of the wall that borders with a corridor or common walkway. Some sellers simply refer to Chanote Area<br style=""> <br style="">

Chanote Area. This is the official area determined by the land register office.

Typically it will be the Nominal Area less #s 1-3 as above. The main purpose of the Chanote Area is to determine a value for transfer taxation purposes. Taxation on balcony areas is typically lower than the taxation imposed on the living area.

RELEVANT THREADS:

<br style=""> <br style="">

This initiatatuive by Ripley,has produced a concise ,comprehensive and thoroughly useful guide ,particularly for those venturing into condo purchase for the first time.

I have spent a little time studying the list and not not wish to add or subtract from this final draft.

[ripley]

Huzzah! The "Glossary of Condominium Terms" has been posted and can be accessed along with this one on Google. Thanks to TVF, its contributors and their on-the-spot Moderators for smoothing out the glitches.

Please post any comments, additions, corrections, etc. on this thread for consideration. We'll try out this method for a while in hopes of keeping the "Glossary" page simple and easy to read.

[ripley]

Here are 2 more terms I think should be in the Glossary. Any comments? If I don't hear anything in a week or so, shall just add them as is to the Glossary page.

Second Call Meeting: An EGM called 2 weeks after an AGM fails to achieve a quorum. (A Second Call Meeting does not require a quorum, but must have a minimum of 1/3 total co-owner votes to pass a resolution).

Quorum: Not less than 1/4 the total of co-owners. (A quorum is required for an AGM to be constituted and valid.

[ripley]

Another addition to the Glossary, for your consideration:

B.E. 2252 and 2551; B.E. 2522 is the amended Thai Condominium Act introduced in 2008. B.E. 2551 contains further amendments to the act. Together they constitute the Thai Condominium Act to date (January, 2012)

Edited January 13, 2012 by ripley

[ripley]

Varieties of "Special Assessments" or "Special Funds" are currently being proposed at AGMs. A condo administration sometimes opts to propose one of these to increase maintenance monies or for use in repairs and renovations, in the belief that these funds do not require a vote of 50% of the total co-owners.

On another thread about Maintenance Fee Increases or Special Funds, although there is a consensus that such funds can be useful, there are differing opinions as to the percentage of total co-owner votes required to pass a Special Assessment. There is also some question as to what constitutes a legal Special Assessment.

The Glossary is intended for definitions of Condominium terms which are consistent with Thai Condominium Law. So, can we accurately define "Special Assessments"?

Any ideas?

[ripley]

A recent thread on Maintenance Fund Increases and "Special Assessments" brings into question the definition of "Second Call Meetings". Our definition specifies a requirement of 1/3 total co-owner votes to pass a resolution at a Second Call Mtng., whereas it appears that this requirement only applies to resolutions specified in Section 48 of the most recent (July, 2008) version of Thai Condo Law. While it is my opinion that this interpretation is such a departure from the customary reading and implementation of the Act that we need test cases from both the Land Office and possibly the courts, in the circumstances I think the definition in the glossary is misleading.

Shall we add a note to the Glossary to this effect? Or perhaps just shorten the current definition to read:

Second Call Meeting: An EGM called 2 weeks after an AGM fails to achieve a quorum. The EGM does not require a quorum to be valid.

[Delight]

Maybe:-

Second Call Meeting: An EGM called 2 weeks after an AGM fails to achieve a quorum. The EGM does not require a quorum to be valid.

Those issues which required a 50% vote(as per Chapter 5 Section 48 of the ACT) now only require to win the vote and have minimum 1/3 of total building vote.

The 25 % voting requirement (Chapter 5 Section 49 of the Act) remains unchanged

This always struck me as curious

If they could not get 25% to the first meeting-do they seriously expect to get 1/3 at the 2nd

[ripley]

Maybe:-

Second Call Meeting: An EGM called 2 weeks after an AGM fails to achieve a quorum. The EGM does not require a quorum to be valid.

There is a requirement of 1/3 co-owner votes to pass a resolution at a Second Call mtng. (Sec. 43).

At a Second Call mtng. those issues which required a 50% vote(as per Chapter 5 Section 48 of the ACT) only require a minimum 1/3 of total building vote.

The 25 % voting requirement (Chapter 5 Section 49 of the Act) remains unchanged.

I agree with your comment but then "Hope Springs Eternal"! At least there are two weeks to drum up more support for an issue.

[Delight]

Maybe:-

Second Call Meeting: An EGM called 2 weeks after an AGM fails to achieve a quorum. The EGM does not require a quorum to be valid.

There is a requirement of 1/3 co-owner votes to pass a resolution at a Second Call mtng. (Sec. 43).

At a Second Call mtng. those issues which required a 50% vote(as per Chapter 5 Section 48 of the ACT) only require a minimum 1/3 of total building vote.

The 25 % voting requirement (Chapter 5 Section 49 of the Act) remains unchanged.

I agree with your comment but then "Hope Springs Eternal"! At least there are two weeks to drum up more support for an issue.

I,m glad you raised this particular issue.

I think that I mis- quoted the Act

If I'm reading it correctly ,then there is only one issue where the1/3 vote is available i.e

(1) a purchase of immoveable property or an acceptance of immovable property of binding value as common property

In essence if there is no result the first time around -then a 2nd crack is available(with a lower voting threshold )

All the other issues on the 'must have a 50% pass list ' are not granted this concession(Chapter 5 Section 48 refers)

Edited March 18, 2012 by Delight

[ripley]

Just under the list of issues requiring a 50% vote, Section 48 reads

In the case where the joint owners attending a meeting does not constitute the number set forth under paragraph one, a new meeting shall be summoned within fifteen days from the date of summoning the preceded meeting and a resolution relating to the matter provided under paragraph one in this new meeting must receive the votes of not less than one third of the joint owners’ total vote.

So, (as we so often seem to ask each other!), What am I missing? Is it written elsewhere in the Act?

Edited March 18, 2012 by ripley

[ripley]

I'm thinking that the Glossary is really for simple definitions of frequently used terms.

If we get into percentages required for various issues, etc. we're interpreting the Act, which isn't really our job.

So - I suggest a plain definition of "Second Call Meeting' as a mtng. called after an AGM fails to achieve a quorum, etc. etc.

We can always add references to the Sections of the Act concerning Second Calls if you think it wise.

Whaddya think?