Condominiums That Are Not Complying With The Law

[Eagleye]

What can be done without getting involved with lawers when a condominium is being operated with complete disregard for the law ,no general meetings,no elected committee ,no accounts disregard of the fire regulations and lift maintenance, we have enough support 25% of co owners to form a quorum and give notice to call a meeting but would like to hear from anyone having had similar problems to get an idea of what to expect from the current management and how to deal with it

[Boater]

where is the Condo Located?

[ripley]

I can offer a couple of suggestions.

As you have enough owners to constitute a quorum, you have the right to request and receive permission from your JPM to have an EGM to resolve your problems. I recommend that you assure everyone has a copy of the Thai Condominium Law B.E.2522 for ready reference, and that you have a precisely detailed agenda for that meeting. If, on some pretext or another, you are refused permission you can hold one anyway.

People have had success addressing breach of condo law by writing to the local Land Office. This must be done in Thai which requires an interpreter but not necessarily a lawyer. Your condo is so obviously out of compliance that they will certainly act to correct the situation.

[beano2274]

We have the meetings in my condo but hardly anyone comes so nothing can be voted on, the committee is due to be changed but without enough voters nothing can be done. The 3rd meeting is coming up soon, and due to this fact the attendance needs to be 1 in 5 (1 room in 5 needs to attend), which might make it easier.

Even if you have the rules and vote for them nothing changes, I see it in my condo, I continuously say something but nothing gets done. My favourite is if you park without having a sticker your car will be clamped, but the security are scared to be hit or attacked by the owner so do not do anything and the committee or Juristic person are to lazy to support the security.

But somethings do get done, but not often,.

[ripley]

"We have the meetings in my condo but hardly anyone comes so nothing can be voted on, the committee is due to be changed but without enough voters nothing can be done. The 3rd meeting is coming up soon, and due to this fact the attendance needs to be 1 in 5 (1 room in 5 needs to attend), which might make it easier."

Do you mean that your AGM has gone thru a Second Call meeting & is now having a Third Call mtng?

So many condos are having the same problems with lack of attendance to AGMs so that nothing can be voted on and resolved. I keep encouraging people to do the grunt work necessary to engage the interest of owners, to inform them, even compel them to contribute, etc. but maybe that's naive. Certainly nobody has come back to me on methods for doing this.

Re; your parking situation, security, etc. that is an administrative problem and, once more, the only way to correct an unresponsive administration on matters such as these is through an AGM. It's all enough to make you throw up your hands & get out of Dodge but, as most condos face the same problems, where do you move to? I'm beginning to think that the people who rent have the right idea.

Have you read through the Regulations of your condo? They're included with every purchase contract and the buyer agrees to abide by these. So long as they don't contradict Thai Condo Law, they are the Law for your condo and carry penalties for lack of compliance. Maybe there are things contained in your Regulations which can address the problems you've been having. If the Regulations are being breached or ignored it can be reported to the Competent Officer or the Land Office.

While on that subject, it occurs to me that if attendance to AGMs (in person or via proxy vote) was written into a Condo's regulations, it would be one way to increase participation. Of course, it would have to be written into the Regs at the time of development because - with a requirement of a 50% total co-owner vote to amend Regs - it would probably never get passed. Then again - couldn't hurt to try....

Good Luck.

[Delight]

YOU WILL NEED

1) Minimum 20% (by building vote ) of co –owners to attend a ‘Co _owners meeting’

-Output from this meeting –Election of a Special Representative and a request (with a proposed agenda ) for an EGM to be sent to the current Juristic Person Manager.

2) A vision for the future. Who is going to manage the condo-who is going to manage the management? At least 25% by vote at a later EGM will need to be convinced that the future will be better than the past/current circumstance.

In my view you need a professional management company. They need to be brought in ASAP.

They will guide you thru the process and do it for no payment. A professional company will take a long term view.

3) A small team of dedicated co –owners to work thru the entire process. People who can administer and persuade other co-owners. They must be prepared to work unpaid and put some money into a working fund (about 15-20,000 Baht – an EGM costs money)

Notes:

The main change you require is the replacement of the Juristic Person Manager.

For it to be legal the Agendas and Minutes from meetings will be submitted to the local land registry Office (Only in the Thai Language)

The co –owners are responsible for the up keep of the condo.

Good luck

[ripley]

Eagleeye - Where did you go? and what did you do?