Condo Organization Structure

[cigar7]

Please find attached a draft of a Condo organization structure, for your review and comment. Is this structure consistent with your condo?

CondoOrg1a.docx

[smutcakes]

I agree with the structure, although i would call the box below the Committee, the Management Team or the alike.

I would also have some arrow coming back from the JPM to the Committee to illustrate they are answerable to the Committee, and their primary role is to legally carry out the resolutions of the Committee, not to needlessy meddle in day to day management affairs, which should be between the Committee and the Managament.

In a well run Condominium, the JPM should really only be involved infrequently for signing contracts, financial statements etc

[Delight]

The structure that you detail is different to that in the condo where I live.

Referring to the Section 36 of the Condo Act:

Section 3638 The Manager shall have the power and duty as follows:

(1) to conduct activities in accordance with the objectives under Section 33 or the regulations, or the resolution of the meeting of the co-owners or the Committee, however, not to be Inconsistent with the laws;

(2) In the case of a pressing necessity, the Manager shall have the power to initiate activities for the safety of the building in such manner that a responsible person may maintain and manage his own property;

(3) to provide security and peaceful order within the condominium;

(4) to act as the representative of the juristic private, commonly-owned housing;

(5) to provide monthly income and expense reports and to post them on a bulletin board within 15 days after the end of each month. Notice on the bulletin board must be post for at least 15 consecutive days;

(6) to take legal action against co-owners who has overdue payment exceeding 6 months;

(7) to perform other duties as prescribed in the Ministerial Regulations.

The Manager shall himself carry out his duties, except the activities that the rules or the resolution of the co-owners at a general meeting pursuant to Section 49(2) specifies to be carried out by another person or persons on his behalf

Section 33 says

Section 33 Juristic condominium duly registered under Section 31 shall have the status as a juristic person.

Juristic condominium shall have the objectives to manage and maintain the common property with the power to do any acts for the benefits of the said objectives. However, it shall be in accordance with the resolution of joint-owners under the provisions of this Act.

I see it that the JPM reports to the committee for everything ,but can delegate

I attach my idea of a structure

[KittenKong]

In buildings with a management company this largely replaces the JPM except, obviously, for the things that the JPM is legally required to do. The JPM always retains the legal ability and responsibility to act in the best interests of the building as he sees fit and if necessary.

So it would go:

Committee - management company - building manager - other staff and suppliers/contractors.

Of course the committee may also make requests directly to the manager without passing through the management company. And the committee may bypass the manager and the management company to deal directly with contractors/suppliers: for example to apply a rocket to a security company's rear end. In my experience Thai management is often extremely bad at getting people to work properly, preferring to be "nice and happy".

Where the condo act references the "manager" it means the JPM and NOT the building manager who is merely staff and has absolutely no legal power at all of any type. Another example of highly unclear and vague law, as if one more was needed.

[cigar7]

The structure that you detail is different to that in the condo where I live.

Referring to the Section 36 of the Condo Act:

Section 3638 The Manager shall have the power and duty as follows:

(1) to conduct activities in accordance with the objectives under Section 33 or the regulations, or the resolution of the meeting of the co-owners or the Committee, however, not to be Inconsistent with the laws;

(2) In the case of a pressing necessity, the Manager shall have the power to initiate activities for the safety of the building in such manner that a responsible person may maintain and manage his own property;

(3) to provide security and peaceful order within the condominium;

(4) to act as the representative of the juristic private, commonly-owned housing;

(5) to provide monthly income and expense reports and to post them on a bulletin board within 15 days after the end of each month. Notice on the bulletin board must be post for at least 15 consecutive days;

(6) to take legal action against co-owners who has overdue payment exceeding 6 months;

(7) to perform other duties as prescribed in the Ministerial Regulations.

The Manager shall himself carry out his duties, except the activities that the rules or the resolution of the co-owners at a general meeting pursuant to Section 49(2) specifies to be carried out by another person or persons on his behalf

Section 33 says

Section 33 Juristic condominium duly registered under Section 31 shall have the status as a juristic person.

Juristic condominium shall have the objectives to manage and maintain the common property with the power to do any acts for the benefits of the said objectives. However, it shall be in accordance with the resolution of joint-owners under the provisions of this Act.

I see it that the JPM reports to the committee for everything ,but can delegate

I attach my idea of a structure

In an organization, when there is a one to one relationship, as indicated in your chart, there maybe little or no value added by the person in the middle. Also, the middle person delays action requests from the above position to lower levels.

What value do you perceive the middle position (JPM) adds if the above position (committee) wants something done?

[Delight]

In an organization, when there is a one to one relationship, as indicated in your chart, there maybe little or no value added by the person in the middle. Also, the middle person delays action requests from the above position to lower levels.

What value do you perceive the middle position (JPM) adds if the above position (committee) wants something done?

You are right .On face value it seems inefficient. It, of course, refers to the condo where live.

A management company is employed.

If no management company was employed then more than likely we would simply employ a JPM (as required by law) . The JPM would then do everything. From dealing with the law to dealing with the cleaners.

Certain duties of the JPM can ,again by law, be delegated. Therefore the committee deals on a day to day basis with the building manager and for bigger issues with the JPM.

The committee chairman is also the leader. This means that only he/she deals with the JPM/building manager-not the rest of the committee. The rest only deal with the chairman. This approach removes duplication and confusion.

That said if a person who serves on the committee , has an issue with failings in the common area –then the complaint is made directly to the building manager. In that context the committee member is exercising his /her rights as a co –owner –not a committee member.

In practice our JPM(supplied by the management company) is the JPM for many condos. The building manager (again supplied by the management company) works only for the single condo

The decision to employ a management company was taken by the committee at the time.

The view was it would be cheaper to employ our own JPM i.e a ‘Super Manager’.

However if that JPM resigned then that would put too much load on to any future committee i.e the job of replacing the ‘Super Manager’

The burden to keep the show on the road now falls to the management company and not the committee.

Edited December 3, 2015 by Delight