Overturning prior financial AGM decision?

[frankboll1001]

Good day:

Friend rents common area for 10+ years and pays rent yearly in advance. Official JPM office receipts. This was decided by an AGM vote. A new, all powerful Committee of 3 now puts much pressure on him to release that area. He has invested quite a bit in improvements and is insecure how to react.

Does the committee have powers to bully him into restoring this area to common area? What votes would it take to overturn this prior AGM decision?

There are plenty of irregularities in this building which affect the condo act much more, such as massive changes to the facade by individuals, use of common areas unpaid etc. etc. They are picking on the old and insecure and proclaim their unlimited powers.

By the way, it would not add anything to the building if this common area would be freed up. It is just an access way to his deeded property and he pays on time and willingly. What can be done against a bullying mini-committee. How would a court react? Thank you very much. Frankboll1001

[WorkingTourist]

How exactly is your friend using the common property?

According to the Thai Condo Act, a construction deemed to be a change in, addition to, or modification on the common property, requires no less than a half of the total votes of the joint owners, so assuming that it has been decided (10+ years ago) by more than half of the total votes, that the common property should be “modified” in the way that your friend is now using them, then it would require a new AGM vote to change it back.

A condo committee is really just there to oversee management and ensure that whatever the joint owners decided on last AGM gets implemented.

[Familyaffairs]

There is nuch thing as a 10 year rental for common areas. The rental is per one year, and each year to be vote on, and approved by the Annual General Meeting (AGM)

[jippytum]

The common area should allow free and unobstucted access to all co owners equally unless agreed and changed by the majority of co owners at an annual AGM.It is the Juristic manager's responsibility to enforce this.

[bazza40]

How a court would react depends on who has the most baht to throw around.

If he has paid the next year's rent in advance, he can either tell them to rack off, or demand his rent is returned.

[boonchu]

If a special by law was made giving him exclusive use of that area (for a fee) then it would take an AGM to repeal the by law but all affected lot owners would have to agree.