Quorum For A Condo Committee

[rayongchelsea]

Hello

Initially there were 9 members registered at the land department. Subsequently 3 have resigned and 2 are overseas.

I have been informed that a legitimate quorum in accordance with the condominium act will require 5 people to attend because 9 were initially registered.Is this true? if so does anyone know where this is stated..

Also does a committee have to approve the date of the agm or can the juristic person on discussion with the chairman of the committee just arrange the date and send out the invitation ( I am having problems getting a committee together).

Thanks in advance.

[Delight]

1) If 3 have resigned from the original 9 members –then you have 6 active members

So a quorum will be at least 3 members.
Condo Act states :

Section

37/6.- Quorum of the committee meeting shall be constituted by at least
one-half of the committee members.

2) It is the committee at a legal committee meeting that calls an AGM.

In an extreme circumstance -then the JPM can call the meeting . As can the co -owners(rules apply).

Edited May 3, 2013 by Delight

[briley]

Does depend if the resignations have been registered at the land office and why they resigned.

If because they are no longer owners then probably they do not count as they are no longer entitled to be members. But if they have just resigned and Land Office has not been notified then the quorum is 5 members.

[Delight]

Does depend if the resignations have been registered at the land office and why they resigned.

If because they are no longer owners then probably they do not count as they are no longer entitled to be members. But if they have just resigned and Land Office has not been notified then the quorum is 5 members.

I disagree .

The act states:

Section 37/3.- In addition to being retired on rotation, the committee may be retired upon the following causes:

(1) death;

(2) resignation;

(3) is no longer a person under Section 37/1 or holding the restriction qualification

under Section 37/2;

(4) be dismissed by the general meeting under

Section 44.

If a committee member has gone he has gone.

The Committee status has to be advised to the land office as a consequence of a general meeting.Valid at that time

If a committee member dies, he is dead , and as such can have no influence on committee quorums

Edited May 3, 2013 by Delight

[briley]

Delight - not quite sure what you disagree with,

My belief is that any change in committee members has to be notified to Land Office. The latest list of committee members held by the land office is the official committee. If a person resigns and the land office is not notified then the resignation is not official and that person is still a committee member and counts towards the quorum requirement.

My wonder is does death or selling of a unit affect the quorum or is a dead person still a member (for quorum purposes) until the Land office is informed?

The more I think about it the answer to my question is yes, they are still a member of the committee.

[Delight]

Briley,Your analysis concluded that 5 was required to qualify as a quorum.

Mine concluded 3 . Different view –different result.
I struggle to see how dead people can regarded as not dead -for quorum purposes.

Maybe they are not quite dead.

Nowhere that I can find in the act does it talk about registering the committee with the land office.
A change of JPM must be registered –that’s all.
It is true that condos are obliged to register the numbers with the land office.

That said it is the act that counts.
The exact circumstances occurred at the condo where I live.
The registered 7 became 4.The committee was advised ,by the external management

company that a quorum would be satisfied with 2 members at a meeting.

At the next AGM the numbers were topped up –those names were registered with the land office.

I suspect that the land office wish to ensure that the rotation rules are being observed.
The land office will not wish to inhibit committees from functioning.

If the OP is not satisfied by my analysis, and the committee cannot function if he

observes your view-the I can only suggest that he visits his local office for a
ruling.

[rayongchelsea]

I tend to agree with delight. There is a need to function and manage the condo and jp.

In the simplest case if one one sells which is a normal course of events, they will automatically disqualify themselves under the act. It is not practical to keep calling egm/agm to replenish committee members.

My managing agent stated that 5 were required as 9 were initially registered to me that just doesn't make sense and therefore the question was asked.

I will confirm with my lawyer and the land department -A quorum based on active registered members as currently notified to the land department.

I will get back with the answer.

[ripley]

The answers to questions regarding quorums, Committee member registration and vote ratios are clearly outlined in Section 37 thru 37/6 of the Thai Condo Act.

[rayongchelsea]

Thank you both for all your assistance.it has helped a lot.

What surprises me, is that my management company say it with such certainty but clearly as with other elements of this act open to interpretation.

[Delight]

What surprises me, is that my management company say it with such certainty but clearly as with other elements of this act open to interpretation.

The act ,it seems to me ,is very clear and not open to interpretation.

The Land office have the responsibility of policing the act.

The land office introduce their own rules -to assist them with the policing effort.

Some of these land office rules create an unforeseen consequence-principally that the condo act can be open to interpretation

[ripley]

Incidentally - I served on a committee that was often short. We just carried on, giving the vote to the majority of participants. Later on we insisted that Committee members be prepared to stay in touch and participate by mail or phone in voting on important matters. Since then I believe the building has ruled that only members who live in Thailand may be on the Committee. Just sayin'....

[rayongchelsea]

I think that committee members should live in Thailand is a good idea..however in our situation we were trying to ensure that the developer " friends" were not voted in..