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BANGKOK 20 April 2019 10:15
bayport22

Condo Committee Rules/Regulations

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Does anyone have rules/regulations for their condo committee?  Im on our condo committee, but no one will give me the rules and guidelines

we should follow.  I would like to see an example used at other condos.  I would prefer English, but will accept Thai also.

Thanks

 

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As Peterw42     pointed out it is important to  distinguish between Thailand's  "Condominium Act"  inc 1999 Amendments and the specific condominium By Laws.

 

The former covers 'all' condominiums in Thailand .

 

The latter are proposed by the condominiums management committee  and agreed on at a Condos owners General Meeting.

 

The Condos By Laws cannot superseded the the "Condominium Act"  and any conflict between the two the 'Act' takes precedence and the By Laws must be amended.

 

A copy of the By Laws should be available to all condo owners in the block by Law (Condominium Act)

Edited by rocketman777
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I'm used to see 2 condo specific documents:

- "Regulations of Condominium Juristic Person" which is an official document registered at the land office. Any alterations (e.g. condo fee increase) requires a 50% co-owner approval and must also be registered at the land office. Each condo owner has a copy as per Condo Act.

- "CONDOMINIUM JURISTIC PERSON RESIDENTS HANDBOOK" is an in house document with basic rules and information for residents. This document can be altered/updated by a Management Committee majority.

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You should be able to obtain a copy of your Condominium's Rules in Thai from the Land Office.

Take your passport and a copy of your Chanote with you.

It may be helpful to take a Thai person with you.

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Unfortunately theses are only good if your board enforces them .  And many do not.  Dues left unpaid and never collected.

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2 hours ago, bkkdriller said:

- "Regulations of Condominium Juristic Person" which is an official document registered at the land office. Any alterations (e.g. condo fee increase) requires a 50% co-owner approval and must also be registered at the land office. Each condo owner has a copy as per Condo Act.

 

Copies have never been distributed in my building. They are available at the front office though.

 

 

2 hours ago, bkkdriller said:

- "CONDOMINIUM JURISTIC PERSON RESIDENTS HANDBOOK" is an in house document with basic rules and information for residents. This document can be altered/updated by a Management Committee majority.

 

Entirely optional and does not exist at all in my building. I think that only a very well-managed building would have this.

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1 hour ago, ToddinChonburi said:

Unfortunately theses are only good if your board enforces them .  And many do not.  Dues left unpaid and never collected.

 

Chasing bad debts is a basic part of the job of the Juristic Person Manager as defined in the Condo Act. The committee (board) should not have to enforce this.

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10 minutes ago, KittenKong said:

 

Chasing bad debts is a basic part of the job of the Juristic Person Manager as defined in the Condo Act. The committee (board) should not have to enforce this.

I disagree, it is the Committee;s responsibility. If the Committee want to take legal action, then they would pass a resolution to do so and the JPM would then act as the legal entity in representing the Condominium. Day to day chasing of outstanding dues is the job of the Committee and the management company on a day to day level. 

 

In my view in a properly managed Condominium, the JPM has literally no day to day management role, they are purely a signatory on contracts, debt free, AGM invites and posts the financial statements of the Condominium.

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2 hours ago, smutcakes said:

I disagree, it is the Committee;s responsibility. If the Committee want to take legal action, then they would pass a resolution to do so and the JPM would then act as the legal entity in representing the Condominium. Day to day chasing of outstanding dues is the job of the Committee and the management company on a day to day level. 

 

Absolutely and unequivocally not.

 

From the Condo Act:

 

Section 36 The manager shall have the following powers and duties:

........
(6)     Suing for compulsory performance from a joint owner for overdue payment of expenses under Section 18 in excess of six months and over.

 

This is NEVER the committee's job, though they should put pressure on the JPM if he doesnt do it.

 

Edited by KittenKong

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Having just resigned as Chairman of the Committee at my condo, I can agree that the job of chasing debts etc is for the JPM and, if not the same person, the office manger, who can be appointed by the JPM.

 

the committee are not responsible for day to day running of the condominium etc. They can advise the manager and request that he carries out certain duiies etc, but it is mainly up to him.

 

debts of unpaid fees can be chased and the office can add 20% for failur to pay if the debts are longer than six months, and disconnect common services such as water supply and electric of necessary.

 

the manager and/or the JPM cannot increase the yearly fees without agrrement via an AgM of at least 51% of the ownership etc. 

 

As previoulsy stated, most condos have a list of rules made up at the inception of the condominium, which should be given to every new owner. This is NOT the Condominium Act which governs how all condos are run by law, and lists official govenment procedures for condos etc, such as who can own one, who can be a manager or JP and how voting at AGM is carried out.

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8 hours ago, KittenKong said:

 

Absolutely and unequivocally not.

 

From the Condo Act:

 

Section 36 The manager shall have the following powers and duties:

........
(6)     Suing for compulsory performance from a joint owner for overdue payment of expenses under Section 18 in excess of six months and over.

 

This is NEVER the committee's job, though they should put pressure on the JPM if he doesnt do it.

 

I agree with what you say and i wrote it like that. If it comes to legal action then yes it is the JPM job to file the necessary paperwork and process the case. Day to day it is not their job to chase if a person is late paying it should be done by the management. 

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As part of due diligence before you bought you did not get and read the bylaws and rules and regulations?

 

I think most have experienced the JP Manager and Property Managers lack of experience, capabilities, etc result in the Committee taking part in day to day operations. That's not how it should work but this is TIT. 

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2 hours ago, smutcakes said:

If it comes to legal action then yes it is the JPM job to file the necessary paperwork and process the case. Day to day it is not their job to chase if a person is late paying it should be done by the management. 

 

The JPM is unlikely to actually do any of it himself, but it is his responsibility and he should instruct management to keep on top of it. Particularly in that in many buildings the job of JPM is done by someone from the management company anyway (however undesirable that may be).

 

If either the JPM or management fall down at this task then the committee should indeed poke them to get them working.

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