Not Respecting Votes From An Egm

[jomtienfun]

We had recently an EGM for repairing our pool

We could vote between 2 companies for repair or just vote for no repair

Majority had voted for repair from one company what would also would be for replacing broken tiles around the pool

But now committee changed their mind and they are removing all tiles and will replace this with some kind of cement

Many co owners are not happy with it and tried to complain to committee and the juristic person who is also chairman from committee but they don't want to take notice "we committee had decided " and that is it if you ask about the voting EGM no reply then again committee has decided to remove tiles

Can they do this just ignore a majority from votes done by co owners at an EGM is there maybe some legal way to stop them and oblige them to do what we have been asked to vote on at first place on a proposal from them? Can they then afterwards just change all?

Also the company doing the works is not a company that has been presented at the EGM

Some one can give me advise on this?

Thanks in advance

jomtienfun

[Delight]

The committee’s job is to determine policy.

In the context of this post they decide the specification and award the contract in respect of the pool.

The only reason to have a general meeting (EGM) would be to raise extra funding .

Given that they did organise the meeting –then the outcome of the meeting must be carried thru.

It appears that your JPM is not a professional.

A co –owners meeting can be organised –at least 20% (by voting allocation )must attend and vote to request a 2^nd EGM.

By the time this has occurred the chances are that the pool-fix contract will have already have been issued.

If you do in fact organise this 2^nd EGM then maybe the only topic on the agenda will be to replace the JPM.

There is nothing illegal with respect of the JPM also being the committee chairman. Co –owners tend to favour this approach since it appears to be a cheap solution.

In your specific case he/she can be dismissed on the grounds of incompetence. A replacement has to be voted in at the same meeting.

I rather suspect that co –owner apathy will be your biggest problem

[jomtienfun]

Thank you and yes we needed a second EGM then there was not a quorum with first one

Like you tell the biggest problem is getting people together (20%) special then we will have our annual AGM in about 6 months and there will be also elections for new committee

The juristic person/chairman committee also had done 2 terms so people have already the thing he is out anyway

Been told that maybe then new committee can file complain for this wrong doing

And think that will be the case

jomtienfun

[sotsira]

Thank you and yes we needed a second EGM then there was not a quorum with first one

Like you tell the biggest problem is getting people together (20%) special then we will have our annual AGM in about 6 months and there will be also elections for new committee

The juristic person/chairman committee also had done 2 terms so people have already the thing he is out anyway

Been told that maybe then new committee can file complain for this wrong doing

And think that will be the case

jomtienfun

This is the kind of problems that face the committee members and JPM and also the Thai laws are unclear and cause

confusion and reluctance for any co-owners to candidate themselves as commitee members.

In your case even if a future new committee does file a complaint for wrong doing, what would that achieve?

By then your pool would have already been repaired by a long while, and then what?

[jomtienfun]

We always can try and then we can have the tiles back

Just sitting on the side and do nothing is also not a solution

Not first time they just ignore things and have it done their way

jomtienfun

[sotsira]

We always can try and then we can have the tiles back

Just sitting on the side and do nothing is also not a solution

Not first time they just ignore things and have it done their way

jomtienfun

Would you be willing to pay towards having the tiles back if the next committee says ok?

Seems like a waste of money to me.

Committee's in general have to decide and do things their way most of the time, that is why they

were elected by the co-owners in the first place.

[jomtienfun]

I think it will be more the juristic person

It seems he can be hold responsible for mismanagement

Sure it can be going sour at court but if you don't try you don't know and there are already a few co-owners who feel same way

We had EGM voting and it should be respected by juristic person it can not just all be changed by him in a way he thinks it would be better

jomtienfun

[Delight]

I think it will be more the juristic person

It seems he can be hold responsible for mismanagement

Sure it can be going sour at court but if you don't try you don't know and there are already a few co-owners who feel same way

We had EGM voting and it should be respected by juristic person it can not just all be changed by him in a way he thinks it would be better

jomtienfun

I quote that part of the condo act relevant to your issue i.e Duties of the JPM

Section 36

05]

(1)

to conduct activities to be in accordance with the objects under Section 33 or the rules, or the resolution of the meeting of the co-owners or the Committee, however, not to be inconsistent with the laws.

Committees cannot simply over rule resolutions that have been agreed at a general meeting.

There would be no point in having general meetings if this was legal.

A competent JPM should have a comprehensive knowledge of the ACT and keep the committee on the right side of the law.

I can only suggest that you send a letter to the committee expressing your displeasure-this to be signed by as many co –owners as is possible.

Let them know that you are on their case.

There is no need for any external legal activity-just vote to change the JPM at the next convenient opportunity.

Their response ,or even lack of response, should guide you as to any future actions

[jomtienfun]

Thanks this we will do

By the end of the week the letter will be mailed

Will keep you informed what will happen

jomtienfun

[yankee99]

It seems like the vote was to get money to fix the pool . Normally a company would submit a bid. If the co-owners agree to do the repair then the committee will finalize the details. I highly doubt small changes are going to amount to any wrong doing. As you say they are on their way out you should join the committee. Just remember being on a condo committee is slave labor.

[ThaiBob]

Judging from the OP's handle he appears to live in Jomtien, Pattaya. There is an ongoing pool repair at View Talay Condominium 2A in Jomtien. If in fact, this is the same pool repair then the OP has mis-stated the facts. If he doesn't live at VT 2A then I apologize. The VT 2A committee has respected the votes from owners at the last egm.

Edited August 16, 2012 by ThaiBob

[ripley]

If your committee and JPM refused to carry out the voted wishes of the Owners at an AGM, sue them. Allowing them to avoid compliance allows them to mock the law, the system and make fools of you all.

Edited August 25, 2012 by ripley

[yankee99]

If your committee and JPM refused to carry out the voted wishes of the Owners at an AGM, sue them. Allowing them to avoid compliance allows them to mock the law, the system and make fools of you all.

We all know who wins when you.sue. The lawyers right? In the op case he will pay to sue and pay for the committee to defend them.