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Posted
Does anyone has the experience with the following?


My wife is the owner of an apartment. Am I as her spouse permitted to vote in an AGM without her attending the AGM and without her written approval? I would say yes as it would be even possible to be a committee member for me, right? (Section 37/1 The following persons shall be eligible for an appointment as a member:

(1) A joint owner or his spouse,)



Posted

You can attend, but your vote or your attendance will not be added to the quorum unless you have proxy if the meeting is run according to the law.

You could be on the Committee if you are officially married.

Posted

At our moo Baan ... If you are officially married with Tabian Som Rot... Yes the spouse can vote

If not legally married, need power of attorney / proxy to do so.

Posted

You can attend, but your vote or your attendance will not be added to the quorum unless you have proxy if the meeting is run according to the law.

You could be on the Committee if you are officially married.

Where in the Condominium Act does it state that non co -owners can attend a general meeting?

It is a co -owners meeting. Co -owners and the proxy carriers of co -owners only-is my interpretation.

37/1 does seem like a strange concession. There is no demand that the spouse of a co -owners is actually a resident in the condo.

Posted

You can attend, but your vote or your attendance will not be added to the quorum unless you have proxy if the meeting is run according to the law.

You could be on the Committee if you are officially married.

Where in the Condominium Act does it state that non co -owners can attend a general meeting?

It is a co -owners meeting. Co -owners and the proxy carriers of co -owners only-is my interpretation.

37/1 does seem like a strange concession. There is no demand that the spouse of a co -owners is actually a resident in the condo.

He can attend the meeting as he presumably lives there along with his wife, and no one is going to care if he attends or not, and presumably most of the other residents presume he is the owner, or have never even taken the time to think about it.

Posted

You can attend, but your vote or your attendance will not be added to the quorum unless you have proxy if the meeting is run according to the law.

You could be on the Committee if you are officially married.

Where in the Condominium Act does it state that non co -owners can attend a general meeting?

It is a co -owners meeting. Co -owners and the proxy carriers of co -owners only-is my interpretation.

37/1 does seem like a strange concession. There is no demand that the spouse of a co -owners is actually a resident in the condo.

Only co-owners and proxy holders have the right to attend the meeting, though in practice anyone can wander in because few people know who everyone is.

Only co-owners should be given voting slips, or their proxies with the correct authorisation.

Posted

If you are going to go to the trouble of proving you are married (and you may be asked to prove that you are still married), then you might as well use a proxy form.

The proxy form would solve any issues at once.

Posted

You can only vote as a proxy. You can not be a committee member if your name is not on the chanote/land title.

Not According to the Condo Act

I quote:

Section 37/1 The following persons shall be eligible for appointment as the committee members:

(1) the co-owners or spouses of the co-owners;

(2) the lawful representative, the supporter or guardian in the case that a co-owner is a minor, an incompetent or quasi-incompetent person, as the case may be;

(3) one person as the representative of a juristic person in the case that the juristic person is a co-owner.

In the case that the condominium unit is jointly owned by many co-owners, only one co-owner shall be entitled to be elected to the committee.

Also

Co -owners have their or company names on Condo Title Deeds -not chanote/land title.

Posted

You can vote as proxy, just need to photocopy your ID, wife's ID and fill in the proxy form. I've done this for years with my parents condo units.

Posted

only owners can vote at the AGM . Non owners by proxy . Committee members not allowed proxy votes.

Where does it say that Committee members cannot vote by Proxy?

At my place Committee members normally vote with a bunch of Proxy notes.

Posted

only owners can vote at the AGM . Non owners by proxy . Committee members not allowed proxy votes.

Where does it say that Committee members cannot vote by Proxy?

At my place Committee members normally vote with a bunch of Proxy notes.

Seems same as in our place, they not even know that there is a condo law:

Section 47 A joint owner may give a written proxy to the other person in casting the vote on his behalf, however, a proxy shall not be permitted to receive such written proxy to cast the votes in a meeting in excess of three units.

The following persons shall be prohibited to receive a proxy to cast the vote on behalf of a joint owner:

  1. Board members and their spouses,
  2. The Manager and his spouse,
  3. Staffs or employees of the condominium corporate or contractors of the condominium corporate,
  4. Staffs or employees of the Manager in the case where the Manage is a corporate.
Posted

At my place Committee members normally vote with a bunch of Proxy notes.

They are breaking the law (what else is new?).

As mentioned, all committee members, all building staff, the JPM and spouses of those may NOT carry proxies under any circumstances.

Also, as mentioned, no one person may hold more than 3 proxy votes. This is also widely disobeyed.

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