Dismissal Of A Condo Committee Member

[ripley]

Thai Condo Law details the requirements for a person to be elected to the Committee, also the conditions prohibiting a person from election. But I can't find anything regarding the dismissal of a sitting Committee member. Does anyone know about this? Experiences?

How to dismiss a member who has become a liability to the Condominium and Committee process?

Does it require a simple majority vote of the Committee to remove this person? or must one go thru the AGM/EGM route? Any other options?

[briley]

Call a general meeting and elect a new committee.

There is no proceedure for dismissing a committee member.

[Delight]

Call a general meeting and elect a new committee.

There is no proceedure for dismissing a committee member.

A committee member can be dismissed .

A majority vote at a legally convened general meeting is required. The resolution will be to dismiss the committee member or more politely

force his/her retirement.

The status of the other committee members is not affected

Edited May 17, 2013 by Delight

[ripley]

Call a general meeting and elect a new committee.

There is no proceedure for dismissing a committee member.

A committee member can be dismissed .

A majority vote at a legally convened general meeting is required. The resolution will be to dismiss the committee member or more politely

force his/her retirement.

The status of the other committee members is not affected

Can you please quote your source for the above information?

[Delight]

Call a general meeting and elect a new committee.

There is no proceedure for dismissing a committee member.

A committee member can be dismissed .

A majority vote at a legally convened general meeting is required. The resolution will be to dismiss the committee member or more politely

force his/her retirement.

The status of the other committee members is not affected

Can you please quote your source for the above information?

Condo Act Section 37/3/4

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.

and

SECTION 44,

A resolution of the general meeting shall be determined by the majority of

the votes by the co-owners who attend the meeting, except where this Act may

provide to be otherwise.

Edited May 17, 2013 by Delight

[ripley]

Thanks. I guess that's as much help as TCL has to offer. The AGM votes in, the AGM votes out - not just the entire Committee but also individual members. Right?

I was hoping there was something to cover the owners when a member goes off the rails or in some other extreme situation which requires a speedy resolution.

Maybe you could answer another quick question: In the case where a Committee member has served more than 2 terms and refuses to resign, does it require an AGM to dismiss him?

[JohnC]

The reference states " General Meeting" not "Annual General Meeting (AGM)" so why not call a " Extraordinary General Meeting" with the sole agenda item of removing the offender?

[Delight]

Maybe you could answer another quick question: In the case where a Committee member has served more than 2 terms and refuses to resign, does it require an AGM to dismiss him?

A vote ,at a general meeting, associated with committee members need only occur when more than 9 co –owners apply for the max 9 positions.

If a committee member refuses to go when asked –he can stay until the next general meeting. Then after he is no longer a member ,assuming

that his application is blocked via a vote

The minutes of the AGM will name names.

The JPM will wish to ensure that the rotation rules are being observed.

Committee members become acting committee members if the current 2 year term has expired. They continue as acting members until the next general meeting.

.If a committee member resigns mid -term –then the committee is one member less.

This will be noted at the next general meeting -replacements are then recruited.

The law says minimum 3. In practice the outcome of a general meeting should list minimum 5(my view)

Edited May 17, 2013 by Delight

[ripley]

Yes, agree that an EGM could be called by the Owners, the Manager (do they mean JPM?) or by a vote of more than 1/2 of Committee. But it's cumbersome in an emergency situation. Written notice to the Owners, mtng. requires quorum of 1/4 - if no quorum, new mtng after 15 days (again with notice) and no quorum required. Quickest is for the JPM or Committee to call for EGM, but still a lengthy procedure.

Delight: My understanding has always been that a vote on Committee members takes place at every AGM. Not so?

I read the law as stating that no person may exceed two consecutive terms on the Committee unless replacements cannot be found.

I wonder whether the JPM is empowered to correct the error when a Member somehow slips thru the net and remains for longer than 2 terms when volunteers are available to fill the position. After all, this is a breach of the Law. Following thru on this thought, it's possible that it is the responsibility of the JPM/Manager to report the matter to the Land Office. What think you??

It does seem that someone "should" be empowered to intervene when a Member becomes unruly, misbehaves or draws the attention of the police to his/her activities. But then, "If wishes were horses......"

[Delight]

Delight: My understanding has always been that a vote on Committee
members takes place at every AGM. Not so?

The condo Act talks about ‘Appointing ‘Co –owners who wish to be committee members.

Implicit in the word ‘Appoint’ is the concept that a decision has to be ratified.

I have attended general meetings where voting took place and others where the volunteers were simply accepted and names added to a list. The meeting minutes detailed the names.

It appears to be at the discretion of the chairperson .Either way the land office will not object.They are ,however,interested in compliance of the ‘Rotation Rules.If this is overlooked by the JPM then the land office will have a say.

The pecking order for selection is :

1 New blood and those who have completed a single 2 year term have first priority. Vote required when 10 or more applicants.

Spare capacity is available to:

2 Those who have already completed 2 x 2 year terms

A vote will be required if the number of these 2^nd tier volunteers takes the total tally to more than 9.

The committee are in effect the board of directors (unpaid and typically unloved)

There competence or otherwise can have a profound outcome on the well being of the condo.

Well managed condos have good committees and vice versa.

In spite of this there is no official selection process, no training programme- no clear guidelines and for certain a bad apple can spoil

the whole show.

[bbradsby]

If the offending party, meaning one who is acting against the Condo Act and/or the Property's by-laws, is merely ignored in the meetings' proceedings and written minutes, surely he will evaporate as a threat to the Association. Just proceed as if s/he's not even in the room and call police if s/he breaches the peace.

[ripley]

Thanks for the info. I didn't know that there was an established "pecking order" for volunteers. I'm not sure that you're correct about the rights of person to run for a 3rd or 4th term on the Committee unless there are no other volunteers to take on the job. Condo Law seems pretty specific about this.

As to ignoring the offending Member, that does seem like one quick way around the problem provided all the Committee members can agree.

One thing arising out of this conversation is that it's not a piece of cake to get rid of a Committee Member, no matter what s/he does.

I opine that TCL allows for a Condo to regulate and tighten up the Regulations concerning qualifications and behaviour of Committee members. As is often the case, amending the Regs is time-consuming and requires persistence. But I think the results would be well worth the effort. Having said that, I'll hop back onto my soapbox to mention that, if a Condo provides a detailed Agenda for a General Meeting well before the event and the means for absent owners to vote on the items, the required numbers would be available to get business done more efficiently.

Am now hopping off of my soapbox.

[Delight]

Thanks for the info. I didn't know that there was an established "pecking order" for volunteers. I'm not sure that you're correct about the rights of person to run for a 3rd or 4th term on the Committee unless there are no other volunteers to take on the job. Condo Law seems pretty specific about this.

I read ‘’unless there are no other volunteers to take on the job’’ as the total number of volunteers did not utilise the full 9 place capacity

. . Thus capacity is now available for the old timers.