Management had extra co owner meeting without informing all residents in the building...

[zappalot]

In January 2014 we sought permission to build a second entrance to our condominium. After paying some tea money (Which we can prove) to one manager we were told that we can start the second entrance.

On the day we had the entrance done the buildings manager even took some photos and told us we can continue.

End of April we got just a telephone call and later in May a letter asking us to close this entrance again. Which we didn't do.

Today we got the information that just a few days ago there was an extra yearly co-owners meeting where the management got the permission to sue us at court and fine us with 100,000 baht.

Just we were not informed about this meeting. It took place without anyone informing us.

Is a meeting when not everyone got an invitation legal? Are the decisions made during this meeting legal?

[zappalot]

In the meanwhile I did some research:

A former buildings manager told us that all building co-owners have to be informed if a director of the board is attending the meeting.

.

This is illegal to have a meeting with the director joining and not all co-owners being informed about the meeting happen, at least according to this former buildings manager...

He added if there is a meeting of co-owners they cannot make valid decisions right away. They can make a decision but such a decision must be confirmed by the committee.

[harrry]

So you wanted to do a change in the common part of the condo (The wall where you want to put a door) Why did you not think this needed at least the co-owners committee approval. No one has the authority to do that . In most cases the approval could not be given by the committee itself it would probably need to go the the annual general meeting. the committee can meet whenever it needs to. The committee can fine you for breaching the rules which you have by causing damage to the condo. In the case of non payment it can ban you from crossing common facilities to enter your condo. It is not the Condo that has done the wrong thing here.

[harrry]

In the meanwhile I did some research:

A former buildings manager told us that all building co-owners have to be informed if a director of the board is attending the meeting.

.

This is illegal to have a meeting with the director joining and not all co-owners being informed about the meeting happen, at least according to this former buildings manager...

He added if there is a meeting of co-owners they cannot make valid decisions right away. They can make a decision but such a decision must be confirmed by the committee.

THis is totally incorrect. Rights of Committee and co owners and the conduct of the annual general meeting are covered in the Condominium Act.

[zappalot]

Hi Harrry,

Your input is appreciated but you should know the following:

The board of directors decided in January in our favor that we can have a second entrance to our apartment.

As soon as we received this message from a Manager we started to get the second entrance done. The buildings manager himself showed up by himself to check the ongoing of the work. We again called the main office of the management company and were told that the don't need to worry and can continue. Every director is informed and it would be just a matter of days to get the letter of approval.

Then more than two months nothing happened, unfortunately we also never received the letter of approval.

So door 368 is just looking like door 1 to 367. Same position, exactly same color, even the vote is the same,, no one can tell a difference.

Now I had to look at the condominium act.

"Section 42/3 On summoning to the General Meeting, written letters indicating the place, date, tie and Meeting agendas and the matters to be presented to the Meeting together with reasonable details shall be made and forwarded to the joint owners at least seven days prior to the Meeting date."

So a meeting where just a fraction of co owners was informed seems not really to be legal... Let alone to be ready to make decisions…

[harrry]

If there is no notice of a general meeting (which should be held every year by law) you can take action. If it is a committee meeting you cannot.

Do you have the permission from them in writing.

You can ask to see the minutes of the meeting where the decision was made.

If there has been no General Meeting held to elect a committee and if everyone was not sent the documents in the manner specified a trip to the lands department would be in order to ask them to regularise the situation.

There is no such thing as a Board of Directors.

[Crossy]

Zappo's original thread on this subject is here http://www.thaivisa.com/forum/topic/724588-juristic-problem-with-condo-management/#entry7791482

[ezzra]

OP, don't be afraid to go the court way and let them sue you, it will take up to 2 years or more

to rich the actual date of court, and even than, you can ask for delay and more delay, and even if

you lose the case you can appeal to the higher court, again long wait, delay and delay again,

and even if you lose that court you can appeal to the Diga, the supreme court, and again long,

long wait, delay and more delays, do you get the point?

(Have been there and done that to death)

[Suradit69]

OP, don't be afraid to go the court way and let them sue you, it will take up to 2 years or more

to rich the actual date of court, and even than, you can ask for delay and more delay, and even if

you lose the case you can appeal to the higher court, again long wait, delay and delay again,

and even if you lose that court you can appeal to the Diga, the supreme court, and again long,

long wait, delay and more delays, do you get the point?

(Have been there and done that to death)

"OP, don't be afraid to go the court way and let them sue you, it will take up to 2 years or more ..."

I thought if you were being sued for monetary damage that they lifted your passport and you were not allowed to leave the country until the case was settled. Fairly certain that applies to civil cases as well as any pending criminal cases.

You can ask for delay and more delay, but it might be you who gets stuck by such delays and if you use the delaying tactic they can too if they think it's working against you.

[Bazt]

Should have had everything done in writing and waited for the approval.

Sent from my iPad using Thaivisa Connect Thailand

[jbaldwin]

Not sure I understand this....but are saying you make a corrupt payment to the manager to allow you to make changes that had not been properly approved.