prk888 Posted July 30, 2014 Share Posted July 30, 2014 What are the legal requirements for a person to sit on a Condo Committee? Does a member have to be a co-owner or can a tenant be invited to sit? Thanks Link to comment Share on other sites More sharing options...
properperson Posted July 30, 2014 Share Posted July 30, 2014 According to my copy of the condominium act - "the co-owner or their spouse" - no mention of tenant being allowed. Link to comment Share on other sites More sharing options...
ThaiBob Posted July 30, 2014 Share Posted July 30, 2014 The legal requirements are in the Condominium Act. A tenant can not be a Committee member. 1 Link to comment Share on other sites More sharing options...
dickie58 Posted July 30, 2014 Share Posted July 30, 2014 (edited) The legal requirements are in the Condominium Act. A tenant can not be a Committee member. I was also told by a Capt @ local immigration in Jomtien, if any Farang committee members are signing paperwork they are considered to be working & they need a TH work permit, not a matter of being paid or not. Edited July 30, 2014 by dickie58 1 Link to comment Share on other sites More sharing options...
ThaiBob Posted July 30, 2014 Share Posted July 30, 2014 The legal requirements are in the Condominium Act. A tenant can not be a Committee member. I was also told by a Capt @ local immigration in Jomtien, if any Farang committee members are signing paperwork they are considered to be working & they need a TH work permit, not a matter of being paid or not. Getting off the topic, but it has always been my understanding that signing papers is the work of the juristic person and not the Committee. Link to comment Share on other sites More sharing options...
prk888 Posted July 30, 2014 Author Share Posted July 30, 2014 for the sake of clarity the Juristic Person is the sum of all the co-owners; the Juristic Person Manager (JPM) is just that and a separate entity. Take it from me and to my cost if a farang is the JPM he//she needs a work permit !!! I have now found that Section 37/1 is the oracle and is slightly clearer than mentioned above Link to comment Share on other sites More sharing options...
kdrayong Posted July 30, 2014 Share Posted July 30, 2014 The Thailand Condominium Act states: Section 37/1 The following persons shall be eligible for an appointment as a member:(1) A joint owner or his spouse,(2) A statutory heir, custodian or curator in the case where a joint owner is a minor, incompetent or quasi-incompetent person, as the case may be.(3) An agent of the condominium corporate in the case where the condominium corporate is a joint owner.In the case where any unit’s ownership holder consist of several joint owners, only one person shall be eligible for an appointment as a member.Section 37/2 A person eligible for appointment as a member shall not possess the following prohibitions:(1) A minor, an incompetent or quasi-incompetent person,(2) Used to be relieved from the position of a member by the Joint Owner General Meeting or removed from being a manager because of corruption or his conduct is detrimental or defective on morality.(3) Used to be dismissed, removed or discharged from a government service, government or private organization or agency on charge of misfeasance,(4) Used to be imprisoned by final judgment except an offence committed through negligence or petty offence. Link to comment Share on other sites More sharing options...
kdrayong Posted July 30, 2014 Share Posted July 30, 2014 I was also told by a Capt @ local immigration in Jomtien, if any Farang committee members are signing paperwork they are considered to be working & they need a TH work permit, not a matter of being paid or not. Definitely not. The farang members of the committee, even signing documents or being the chair person, don't need a work permit. The Juristic Person Manager does, in case he is farang. He even needs a special qualification to be eligible being a JPM. 1 Link to comment Share on other sites More sharing options...
dickie58 Posted July 30, 2014 Share Posted July 30, 2014 I was also told by a Capt @ local immigration in Jomtien, if any Farang committee members are signing paperwork they are considered to be working & they need a TH work permit, not a matter of being paid or not. Definitely not. The farang members of the committee, even signing documents or being the chair person, don't need a work permit. The Juristic Person Manager does, in case he is farang. He even needs a special qualification to be eligible being a JPM. I think section 5 of the attached web link answers the questions, & i'm no TH lawyer, or I'm sure immigration would be happy to clarify my point: http://www.lawreform.go.th/lawreform/images/th/legis/en/act/2008/30442.pdf Link to comment Share on other sites More sharing options...
canarysun Posted July 31, 2014 Share Posted July 31, 2014 Who would honestly want to become a " member of a condominium committee " anyway !! ?? what a waste of time,life is to short to want to become involved in all that " political rubbish " Why not just " go out for the day " instead ( also far more enjoyable...) farang jaidee Link to comment Share on other sites More sharing options...
ThaiBob Posted July 31, 2014 Share Posted July 31, 2014 I was also told by a Capt @ local immigration in Jomtien, if any Farang committee members are signing paperwork they are considered to be working & they need a TH work permit, not a matter of being paid or not. Definitely not. The farang members of the committee, even signing documents or being the chair person, don't need a work permit. The Juristic Person Manager does, in case he is farang. He even needs a special qualification to be eligible being a JPM. I think section 5 of the attached web link answers the questions, & i'm no TH lawyer, or I'm sure immigration would be happy to clarify my point: http://www.lawreform.go.th/lawreform/images/th/legis/en/act/2008/30442.pdf Good link. Nothing there that contradicts kdrayong's points which has always been my understanding. I would think the Department of Employment would be the best source for questions concerning the administration of this Act. This topic is not Pattaya specific and should be moved to the appropriate forum. Link to comment Share on other sites More sharing options...
SPALAX Posted July 31, 2014 Share Posted July 31, 2014 I was also told by a Capt @ local immigration in Jomtien, if any Farang committee members are signing paperwork they are considered to be working & they need a TH work permit, not a matter of being paid or not. Definitely not. The farang members of the committee, even signing documents or being the chair person, don't need a work permit. The Juristic Person Manager does, in case he is farang. He even needs a special qualification to be eligible being a JPM. I think section 5 of the attached web link answers the questions, & i'm no TH lawyer, or I'm sure immigration would be happy to clarify my point: http://www.lawreform.go.th/lawreform/images/th/legis/en/act/2008/30442.pdf Thanks for the link. Useful. A foreigner is not allowed to be a member of the committee. Why? Well, actually, he is allowed to be a member. But he must keep silent and write nothing and sign nothing. If he does so, he is working and therefore, he needs a work permit. Sorry. Link to comment Share on other sites More sharing options...
Suradit69 Posted July 31, 2014 Share Posted July 31, 2014 (edited) for the sake of clarity the Juristic Person is the sum of all the co-owners; the Juristic Person Manager (JPM) is just that and a separate entity. Take it from me and to my cost if a farang is the JPM he//she needs a work permit !!! I have now found that Section 37/1 is the oracle and is slightly clearer than mentioned above This doesn't apply to me and I have no agenda in mind with regard to the farang on our building's committee ( actually the whole committee seems to be doing a good job) ... but if a committee member has a work permit for his/her full-time occupation, does that cover him/her for his/her committee work as well? I would have thought a work permit was specific to whatever work was being done and a specified employer?? Can a work permit encompass two employment activities concurrently? Edited July 31, 2014 by Suradit69 Link to comment Share on other sites More sharing options...
Popular Post manarak Posted July 31, 2014 Popular Post Share Posted July 31, 2014 I was also told by a Capt @ local immigration in Jomtien, if any Farang committee members are signing paperwork they are considered to be working & they need a TH work permit, not a matter of being paid or not. Definitely not. The farang members of the committee, even signing documents or being the chair person, don't need a work permit. The Juristic Person Manager does, in case he is farang. He even needs a special qualification to be eligible being a JPM. I think section 5 of the attached web link answers the questions, & i'm no TH lawyer, or I'm sure immigration would be happy to clarify my point: http://www.lawreform.go.th/lawreform/images/th/legis/en/act/2008/30442.pdf Definitely not. Foreigners without work permit will not get in any trouble because of their activities in a condo committee. This has been verified several times by lawyers and police already, including recently by the chairman of my condo's committee. 2 1 Link to comment Share on other sites More sharing options...
MJCM Posted July 31, 2014 Share Posted July 31, 2014 I was also told by a Capt @ local immigration in Jomtien, if any Farang committee members are signing paperwork they are considered to be working & they need a TH work permit, not a matter of being paid or not. Definitely not. The farang members of the committee, even signing documents or being the chair person, don't need a work permit. The Juristic Person Manager does, in case he is farang. He even needs a special qualification to be eligible being a JPM. I think section 5 of the attached web link answers the questions, & i'm no TH lawyer, or I'm sure immigration would be happy to clarify my point: http://www.lawreform.go.th/lawreform/images/th/legis/en/act/2008/30442.pdf Definitely not. Foreigners without work permit will not get in any trouble because of their activities in a condo committee. This has been verified several times by lawyers and police already, including recently by the chairman of my condo's committee. He has brought this same subject up many times, my guess is that he a- got refused to be on the Condo committee or b- he doesn't like the current Condo Committee members. If he gets them all arrested, who will be on the Condo Committee then ? All the members will be Thais ? Link to comment Share on other sites More sharing options...
Pattaya46 Posted July 31, 2014 Share Posted July 31, 2014 I was also told by a Capt @ local immigration in Jomtien, if any Farang committee members are signing paperwork they are considered to be working & they need a TH work permit, not a matter of being paid or not. 2 current committee members in my condo who are retired people got confirmation from Jomtien Immigration before at last election (15 months ago) that they can be Committee Members and don't need any work permit for that. 1 1 Link to comment Share on other sites More sharing options...
HerbalEd Posted July 31, 2014 Share Posted July 31, 2014 According to my copy of the condominium act - "the co-owner or their spouse" - no mention of tenant being allowed. Where can I get a copy of the condominium act? Electronic version preferable, but not mandatory. Does anyone know where I can get similar regulations for housing estates, gated communities, or what ever they're called. I'm told there is such, but after several months of looking, I've yet to find it. Any help will be greatly appreciated. Link to comment Share on other sites More sharing options...
HerbalEd Posted July 31, 2014 Share Posted July 31, 2014 Who would honestly want to become a " member of a condominium committee " anyway !! ?? what a waste of time,life is to short to want to become involved in all that " political rubbish " Why not just " go out for the day " instead ( also far more enjoyable...) farang jaidee Not everyone needs only enjoyable times like you. Also, some want to have some say-so in regards to what happens to their real estate investment, some of which were purchased for many millions of baht. 1 Link to comment Share on other sites More sharing options...
HerbalEd Posted July 31, 2014 Share Posted July 31, 2014 Yes he can. Oh no, he can't. Don't you just love the experts on tv.com and getting a trustworthy definitive answer? Link to comment Share on other sites More sharing options...
ThaiBob Posted July 31, 2014 Share Posted July 31, 2014 According to my copy of the condominium act - "the co-owner or their spouse" - no mention of tenant being allowed.Where can I get a copy of the condominium act? Electronic version preferable, but not mandatory. Does anyone know where I can get similar regulations for housing estates, gated communities, or what ever they're called. I'm told there is such, but after several months of looking, I've yet to find it. Any help will be greatly appreciated. Check the real estate forum, the Act is pinned there: http://www.thaivisa.com/forum/topic/320264-the-condominium-act-and-definition-of-a-condominium-in-thailand/ Link to comment Share on other sites More sharing options...
domdom Posted February 13, 2015 Share Posted February 13, 2015 Hello Other point.. We are a small condominium and I have been asked to be a comitee member as nobody wanted to occupy the 3rd place in the comitee... I have no visa, living abroad but I owe a condo and I regularly come to Thailand upon visa exemption.. Now it seems the land office to publish the minute of the community meeting asks for my visa copy.. Any idea ?? Just for info the ex manager was stealing for years but know everyone in Land office which try to make our lives miserable as the ex manager doesn't want to be thrown out (didn't surrender any account for 10 years and doesn't want anything to be checked..) Have a nice day Link to comment Share on other sites More sharing options...
tolsti Posted February 13, 2015 Share Posted February 13, 2015 I was also told by a Capt @ local immigration in Jomtien, if any Farang committee members are signing paperwork they are considered to be working & they need a TH work permit, not a matter of being paid or not. Definitely not. The farang members of the committee, even signing documents or being the chair person, don't need a work permit. The Juristic Person Manager does, in case he is farang. He even needs a special qualification to be eligible being a JPM. And what special qualification would that be? Link to comment Share on other sites More sharing options...
domdom Posted February 13, 2015 Share Posted February 13, 2015 Hello My point is.. Does a comitee member have to have a visa ?? Owners like me can purchase a condo, then use it to come on holiday and not have other visas than the visa exemption given upon entrance into Thailand.. Does anyone have a proper info preferably with law sources ?? According to me to be a comitee member you have to be an owner but nothing says you have to have a visa Thanks for your help.. We need it if we want to get rid of the dishonest manager and his gang Have a nice evening.. Link to comment Share on other sites More sharing options...
onemorechang Posted February 13, 2015 Share Posted February 13, 2015 Who would honestly want to become a " member of a condominium committee " anyway !! ?? what a waste of time,life is to short to want to become involved in all that " political rubbish " Why not just " go out for the day " instead ( also far more enjoyable...) farang jaidee Very good advice. 1 Link to comment Share on other sites More sharing options...
KittenKong Posted February 13, 2015 Share Posted February 13, 2015 The legal requirements are in the Condominium Act. A tenant can not be a Committee member. I was also told by a Capt @ local immigration in Jomtien, if any Farang committee members are signing paperwork they are considered to be working & they need a TH work permit, not a matter of being paid or not. Getting off the topic, but it has always been my understanding that signing papers is the work of the juristic person and not the Committee. Hmmm. Yes and no. In theory the committee gives verbal or written instructions to the management company, and this does not require a WP. In practice the signatories to the bank accounts will be x members of the committee, and this should not require a WP either. I would not want to own a condo in a building where the JPM can sign anything without authorisation from the committee. Link to comment Share on other sites More sharing options...
KittenKong Posted February 13, 2015 Share Posted February 13, 2015 Does a comitee member have to have a visa ?? No. Link to comment Share on other sites More sharing options...
KittenKong Posted February 13, 2015 Share Posted February 13, 2015 for the sake of clarity the Juristic Person is the sum of all the co-owners; the Juristic Person Manager (JPM) is just that and a separate entity. Take it from me and to my cost if a farang is the JPM he//she needs a work permit !!! Yes, a farang JPM does indeed need a work permit. Some buildings pay grease money instead. Link to comment Share on other sites More sharing options...
domdom Posted February 13, 2015 Share Posted February 13, 2015 Hi Kittenkong Do you pls have some juridic reference for the visa issue for the comitee member. According to me, if a visa was needed, the law would say it.. but I really need precise info as Land Office is playing dirty tricks.. so it would be very hepfull for me to get some precise info and legal reference I could show them Thanks and good night Link to comment Share on other sites More sharing options...
KittenKong Posted February 13, 2015 Share Posted February 13, 2015 (edited) Who would honestly want to become a " member of a condominium committee " anyway !! ?? what a waste of time,life is to short to want to become involved in all that " political rubbish " Why not just " go out for the day " instead ( also far more enjoyable...) Yes, I suppose that is a suitable solution for those who are prepared to devote their lives to having fun rather than doing something practical. The problem with that is that if no one decent stands to be elected then either the building will be ripped off right left and centre by the management and staff, or a whole load of complete thieves will be elected to the committee by default with the same end result. When it comes to condo management dishonesty is endemic here and it has nothing to do with the colour of peoples' skin. Proper committee work has little to do with politics and everything to do with accountancy. That's how I see it anyway. YMMV. Edited February 13, 2015 by KittenKong 2 Link to comment Share on other sites More sharing options...
KittenKong Posted February 13, 2015 Share Posted February 13, 2015 Hi Kittenkong Do you pls have some juridic reference for the visa issue for the comitee member. According to me, if a visa was needed, the law would say it.. but I really need precise info as Land Office is playing dirty tricks.. so it would be very hepfull for me to get some precise info and legal reference I could show them Thanks and good night I'm truly sorry but I cant help you as the interpretation of the law seems to be entirely down to the local Land Office. Is this the sort of thing one might expect in a third-world banana republic? Yes, I think it is. Thailand does itself a disservice by allowing this sort of thing to continue here. Link to comment Share on other sites More sharing options...
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