juristic manager !

[riki48]

Hi All

I have just been to our monthly committee meeting where our management have informed the committee that at our upcoming AGM we need to vote to appoint the Juristic manager.

In the past our management have appointed one of there employees to take this role.

However the way I understand it, is that the rules have changed and the co-owners need to elect a new JM, that said the vote would need to be 25% of actual co-owners.

Well that's unlikely to happen so our management are informing us that one of the committee members must then fill the role!

Is this correct? Seems a little strange to me.

If so, Can anyone point out the rule ( condo act ) and advise regards work permit if needed.

Thanks

Riki

[riki48]

Just to be clear

Our management have indicated that they are happy to retain the existing JM if he was to get 25% vote of co-owners.

But as I have said above that certainly will not be achievable.

[Delight]

An AGM (1st Attempt) requires a 25% attendance( as measured as a percentage of total co -owner vote) to be legal.

You are correct . A winning vote of at least 25% of total co -owner vote is required to appoint a Manager..

There is no way around this.

A temporary can be appointed until this legal appointment is made.

Ref . Work permit.

This is a question for immigration. The land office never asks the question(it appears).The new manager must be qualified.

In my view the appointee must have a thorough knowledge of the Condo Act

I attach 3 JPEGs

[riki48]

Hi Delight

Thanks for the informative reply.

Just to be clear... I believe we will not achieve the 25% co-owner attendance at our 1st meeting thus this matter shall be decided at the 2nd meeting 2 weeks later although I still understand that meeting also requires the 25% of co-owners so will make no difference regards the JM voting item.

The existing JM has been in place for I around 7-8 years. We have not had a 25% vote in all that time on this voting item (as I understand) to appoint a new JM.

Question 1.So why was it now different regards this up coming AGM when if we don't get the 25% he has to step aside and a committee member take on the role. Is this a new requirement?

Question 2. I note section 49 of your attached file. '' 25% for removal as well as appointment'' With that in mind does that in your opinion mean the existing JM can remain in place because it requires also 25% to actually remove him?

None of the existing committee really want to role, nor in my opinion have a thorough enough understanding of the condo act

I personally wonder if our management just want to shed this role and any liabilities it carries.

Riki

Edited March 12, 2014 by riki48

[Delight]

There is no time limit on the life of a Manager-unless specified in your rules and regulations,

I take it that your condo employs a Management Company and that they do supply the Manager.

Typically they would also supply the building Manager.

The Manager can simply resign-no need for a 25% vote . to dismiss(.Still need a 25% vote to appoint new).

(Yes 25% winning vote is required to remove the Manager)

In this situation a committee member would act as a temporary Manager.

After that you are then back to the 25% winning vote.

I attach JPEG relating to the removal of a manager

Has the Manager stated in writing to the committee of his /her intention to resign?

Do not forget that the Manager reports to the committee-not the other way around

[riki48]

Hi Delight

Yes you are correct in our setup as in we employ a management company and the building manger and JM are part of there company.

One final question ( I think ) in regards your understanding/ interpretation of 35/3 '' comes to conclusion of the engagement period of contract''.

Is the JM a 2 year term? - our management is implying as much and thus indicating the JM's term ends with regards this section/clause.

If so I still cannot understand why it's not been relevant in the previous 7 years.

Thanks again Riki

[cheeryble]

Was the JM properly elected in the first place.

You better check if they were registered, they should be and they have to be registered to sign off condo transfers etc.

To be registered they SHOULD have had 25% but you state that has never happened.

Sent from my iPad using ThaiVisa app

[riki48]

Hi Cherrybie

Yes he ( the present JM ) is registered with the land office, that happened 7-8 years ago when we did get the required co-owner quorum and broke away from the condo builder.

However we have not had 25% since in regards the appointment of new JM.

So why now must he step aside ( Management have said nothing regards his intention to resign) and the position given to be held by a reluctant committee member?

[Delight]

You ask ''Is the JM a 2 year term? - our management is implying as much and thus indicating the JM's term ends with regards this section/clause.''

The Condo Act does not demand this.

The terms and conditions of the Management Company or the Condo's own Rules and Regs. -may specify certain rules.

In general terms your committee needs to do a selling job to resolve the 'lack of 25% ',problem.

The proxy system is a useful tool in this regard.

[smutcakes]

Hi Cherrybie

Yes he ( the present JM ) is registered with the land office, that happened 7-8 years ago when we did get the required co-owner quorum and broke away from the condo builder.

However we have not had 25% since in regards the appointment of new JM.

So why now must he step aside ( Management have said nothing regards his intention to resign) and the position given to be held by a reluctant committee member?

Are the Committee wanting him to step aside, or is the JPM saying they no longer want to hold that position?