Juristic Person rules changed ?

[fft100]

Hi,

I seem to recall that to create a juristic person for a housing estate (not a condo) required a majority (pref. 75%) of owners to provide details. Whether the owners of the land plots were actual people (thai) or companies set up to own the land plots wasn't an issue.

However, today, a lawyer is now saying that companies (regardless of ownership/structure) are not permitted to be those who agree to this. More than 50% of the owners of both land and houses must be thai people. It would appear that this would stop most estates from ever creating a JP and will therefore always be under the control of the developer.

Can anyone verify/contradict this news from the lawyer.

[Delight]

I cannot answer your Q directly.

However ,it may help if this lawyer can quote -chapter and verse -that part of the Civil Code which supports his statement.

English translation of this code exist

[WitawatWatawit]

I was led to believe that it was one vote per registered owner, whether Thai individual, company or foreigner. The only criteria is the registered owner, nothing else. Owners can delegate a proxy to vote on their behalf, but the proxy cannot be a member of the estate committee or the juristic person. Plus, if the developing company retains houses to rent and is still managing the estate, it cannot nominate an employee as the JP.

[PattayaPhom]

The way some little jumped up jobsworth Nazi JPs are these days, best keeping to the developer anyway

[Jerry Cornelius]

The way some little jumped up jobsworth Nazi JPs are these days, best keeping to the developer anyway

A very true statement.

The vast majority of developments in Thailand don't proscribe to such mundane protocol unless they're subject to the condominium legislation. or they're normal homes subjected to a farang developer biasing. There's no legal requirement.

Many of the developments that don't proscribe to such mundane protocols do suffer though and generally degrade as the owners have no legal right to demand payment of subsistance fees and cannot pursue non-payments.

What choice an individual makes is entirely theirs, but once signed in to such a contract, you're open to fiscal abuse.

Jerry