Condominium Juristic Management

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Condominium Juristic

Who is responsible for taking care of the communal facilities of a condominium?

The Condominium Juristic Person, by its committee and manager, assumes responsibilities for taking care of communal facilities such as communal swimming pool, garden area, and other shared parts of the condominium project. They are also responsible to maintain condominium order and cleanliness throughout the condominium for the benefit of all the residents and co-owners.

 

What is a Juristic Person?

A Juristic Person is a body of persons, a corporation, a partnership, or other legal entity recognized by law to have legal rights and to perform certain duties.

 

What are the qualifications of a Juristic Manager?

An ordinary person or a juristic person can perform as a Juristic Manager.  In case the manager is a juristic person, such juristic person shall appoint an ordinary person to act for the juristic person in the capacity as manager.

According to the Thailand Condominium Act, Juristic Manager must have the following qualifications:
  1. At least 25 years old
  2. Not bankrupt
  3. Not an incompetent or quasi-incompetent person
  4. Never been dismissed, removed or discharged from government service, government or private organization/agency for wrongful exercise of lawful authority
  5. Never imprisoned by final judgment except for an offence committed through negligence or for a petty offence
  6. Was never removed from being a Manager because of corruption, wrongful exercise of lawful authority, or moral/behavioral defect
  7. Must not have unpaid debts on tax and duty expenses according to his or her freehold ratio in common property

 

What are the powers and duties of a Manager?

The Manager shall have the following powers and duties:

  1. Carry out the work consistent with the objectives. Manage and maintain the common property with the power to take whatever action to achieve the said objectives or the Joint Owners General Meeting Resolutions without contradicting the law.
  2. In the case of necessity and urgency, uses his/her own initiative to act for the safety of the building.
  3. Provide security operations or take actions to maintain peace and order within the condominium.
  4. Serve as representative of the Juristic Condominium.
  5. Arrange to have a monthly Income and Expenditure Account prepared and posted on the Bulletin Board. This is to inform the Joint Owners within 15 days from the end of the month and for at least 15 consecutive days.
  6. Sue delinquent Joint Owners for more than 6 months overdue payment on tax and duty expenses according to their common property freehold ratio.
  7. Perform other duties prescribed under Ministerial Regulation.

 

Do you need to register the Manager’s appointment?

The Manager’s appointment shall be according to the Joint Owners General Meeting resolution. The appointed Manager shall then bring the proof of appointment or Employment Agreement to the competent official for registration within 30 days from the date on which the Joint Owners General Meeting has passed the resolution.

 

How many members must a Condominium Corporate Committee consist of?

There shall be a Condominium Corporate Committee consisting of members between 3 and 9, appointed by the Joint Owners General Meeting.

 

How long is the tenure of office of the appointed committee members?

The committee members shall hold office for 2 years each term.  They may re-appoint a member vacating office but shall not hold office in excess of 2 consecutive terms unless the committee cannot find any other person to succeed him or her.

 

What are the powers and duties of the committee?

The Committee shall have the powers and duties as follows:

  1. Monitor control over the condominium juristic person’s management
  2. Appoint a member to assume duties of the Manager of the Juristic Condominium in the case where there is no Manager or the Manager is unable to perform normal duties in excess of 7 days
  3. Arrange to have the Committee Meeting convened at least once every 6 months
  4. Perform other duties prescribed under Ministerial Regulation.

The Committee shall arrange to have the Ordinary General Meeting convened once a year, within 120 days from the last day of the accounting period. This is when they approve the annual report and the balance sheets, to appoint an auditor, and to discuss other specially relevant matters.

 
Who are eligible as a committee member?

According to the Thailand Condominium Act, a committee member must meet the following criteria:

  1. A joint owner or spouse of a joint owner;
  2. A legal representative, guardian, or curator, if the joint owner is a minor, an incompetent person or a quasi-incompetent person;
  3. Being a representative of a juristic person, if the joint owner is a juristic person. If many people owns a condominium unit, only one person shall have the right for appointment as committee member;
  4. Neither a minor, an incompetent nor a quasi-incompetent person;
  5. Was never removed from being a Manager because of corruption, wrongful exercise of lawful authority, or moral/behavioral defect;
  6. Never dismissed, removed or discharged from government service, government or private organization/agency for wrongful exercise of lawful authority; and
  7. Was never imprisoned by final judgment except for an offence committed through negligence or for a petty offence.