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chris2004

Can Farangs "work" on condo committees without a work permit.

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I have been asked to be on the Committee of my condo, the post also acts as Juristic Person for the condo. I am on a non O visa with no work permit. I am quite happy to do it but am worried about several stories i have seen where farangs were arrested for "working" on condo committees. The post carries no salary of course but does require work, attending committees, signing cheques etc.

I have tried to check the legal position but their seems to be no clear rule that allows farangs to do this. If they do is there a risk of arrest?

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For me personally, I would insist on a wp paid for by the Association, IF they were requiring me to sign financial and legal documents. I know farangs who do perform these tasks without a wp.

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Your post is ambiguous, you talk about 'work' which is not permitted without a work permit.

Then you talk about the juristic person acting for the condo a position which to my understanding 'must' be filled by a Thai.

All committee members are juristic persons and it is my understanding that a non-Thai can be a committee member 'without' a WP (I have been)

A question must be phrased in such a way that the answers can be 'yes, no, don't know'

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Your post is a little confusing. When you say act as a Juristic Person -Do you mean act as the the Manager of the Condominium Juristic Person.

( All Co -owners have Juristic person status. This acts as a shield to protect them legally in certain circumstances)

The Manager Of the Condominium Juristic Person (JPM) is typically a paid professional who reports to the committee -but is charged with managing the common area of the condo.

The JPM has no Juristic protection and the individual has to be voted to the post at a legally organized co -owner general meeting.

As a minimum he must an expert in The Condo. Act.

Typically the post will be given to a Thai national.

Committee members (i.e. The Board) are not paid . The Condo act is policed by the Land office ,not immigration -so issues of work permits never arise.

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You don't need a work permit. You need to run rapidly in the other direction. You can't be the Juristic Person. Either someone is setting you up, or they're very poorly informed.

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In the condo that i am a co-owner in, the Juristic person have been foreigners who are also

on the committee for the last 6 years, also all the committee members don't have a work permit

either, but they are registered at the land office.

So go figure?

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Well it would probably depend on whether the relevant authority has had a lean money week or not - we all know the drill in that area.

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To answer posts 5 and 7. We do have office staff, who are thais, and a management company, which is thai. BUT the condo Juristic Person/Chairman is a farang, so it is obviously possible. He has been registered as such with the local Land Office for several years, and signs all the relevant paperwork pertaining to that post. If it was illegal you would think the Land Office would not agree to a farang in the position, but they do !!

Some of the posts confirm my fears that although it MIGHT be overlooked, anyone wanting to push the matter could probably say i was acting illegally. So i guess the answer, for me, is sorry but no thanks.

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Technically this probably meets the extremely broad definition of work under the Working of Aliens Act which would mean a WP is required. On the other hand I think the chances of being arrested for this are virtually nil, unless you have a dispute with some real arsehol_e who reports you. Even then the court would likely throw out such a case. A conviction would sent a signal that foreigners are allowed to buy condos but not allowed to protect their own investments after the event. The powerful property development lobby would be extremely unimpressed.

I agree with you on the the extreme might require a WP.

But one other thing that is being overlooked is the attitude of the immigration station and is the officer having a good or bad day.

As has been pointed out one lose cannon could spill the apple cart and acting as the Juristic Person for the condo would be a no no. Perhaps as an adviser would be OK.

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I and my fellow COC members have been committee members for just over a year. We have just registered the Juristic Person (JP, who happens to be Tha), manager (Thai) and Co-owners Committee (COC) members (all farangs) with the Lands Department (LD) and there have been no problems as far as work permits are concerned.

I believe that everybody in Thailand involved with a condo realises that it is mainly the farangs who run the COCs and that it is necessary without a work permit. The two JPs before our current JP and manager were farangs without problem or comment from the LD. I also checked with my lawyer and he said that there is no problem and that there have been no problems with farangs not having work permits.

You really need to get hold of the Condo Act, 2008 (attached) and read it through. It is very useful in laying out the duties and responsibilities. It also does not say that the farang COC members have to have work permits.

CondoAct.pdf

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yeah. I am on the board but we have a Thai juristic person, who is paid staff. She does not own a condo and of course is not a voting member of the board. She has authority to sign checks up to a certain amount but requires one of us (3 designated members) to counter sign any amount exceeding the limit. Definition of juristic person and duties etc would be laid out in the condo formation agreement. Read that and it will clarify the duties, compensation, and perhaps who is eligible, etc.

If the position is full-time salaried, then it should require a WP for a foreigner to do it. I believe if the juristic person is not full time position then maybe the foreigner could hold the position and get away without a WP, but I think it would probably be considered "working", especially if there is compensation involved.

There are so many horror stories of Thai owners being incredibly unreasonable and wielding power and play politics for the stupidest reasons that I would be careful and personally would not consider the position. What are the benefits vs the risks?

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