Starting A Home Owners Association

[Yaaklenmai]

The development, I live on, is being offered the opportunity (by the developer) of forming a company to manage our own affairs OR have our sois, communal gardens etc handed over to the local government.

Having studied the pros & cons I think that there is only one sensible option and that is to take responsibility for ourselves.

However, I am unsure about the legal situation, in Thailand, regarding the following:

1) Proxy votes

A number of the home owners are not residents, on the development, primarily using their houses as weekend homes with a couple having rented them out.

But, as only home owners will be allowed to vote, on whether to establish a company, (or not) the issue of proxy voting takes on major importance.

So.

i. Is there any required format for the proxy form itself?

ii. Is there any specific information that the form must contain to allow someone to utilise that proxy?

iii. What method can be used to send the form? i.e. Can it be emailed, faxed or must it be the original document and must it be received a stipulated time ahead of the meeting when the vote will be held?

We will require 50%+ of home owners to vote for establishing a company and would not want the legality of any proxy votes questioned.

2) The Articles of Association (Incorporation).

Assuming that the meeting votes in favour of establishing our own company and then elects a committee, who will become the board of directors, the first thing that they must address are The Articles.

So.

i. Is there anything, in Thai Law, which is different from that which applies in The West, which would expect them to cover the purpose of the company, how directors are elected, their responsiblities, their powers etc.?

ii. Given that the company formation will require 50+% of all house owners to vote in favour of it, is there any Thai Law which stipulates:

iii. Whether the articles need to be voted upon at all?

and (if so)

iv. Whether a majority of home owners (shareholders) must vote to ratify (accept) them OR if a simple majority of those present at a meeting (called for that purpose) is acceptable?

3) The costs involved.

The developers appear to be very keen for us to form the company, rather than cede the land to the local government, however, no mention (as yet) has been made of the costs of formation.

So

In the event (unlikely I feel) of the developer not wishing to meet these what would our liability (realistically) be?

Hopefully, someone on here will be able to provide the information I'm looking for.

Many thanks in advance!

[Yaaklenmai]

If any moderator thinks that my questions will be answered, accurately and faster, on a different forum, please feel free to copy/reposition as necessary.

My, initial, thought was to post on the "Thailand Forum" and see what happened.

Going on the views/responses I think, maybe, I was right!

[metisdead]

As you have now posted this in General forum, this duplicate topic is now closed.