Thailand Law Library

by Thailand Lawyer

Chapter 5: Juristic Condominium

There shall be a Condominium Corporate Committee consisting of members of not less than three persons but not exceeding nine persons appointed by the Joint Owner General Meeting.

The members shall hold office for two years each term. In the case where a member vacates office prior to the expiration of term or a member is additionally appointed during which the members having already been appointed still have a term in office, the member so appointed to take place or in addition shall have a term in office equivalent to the remaining term in office of the members having already been appointed.

Upon completion of the term in office in accordance with paragraph two, if new members have not yet been appointed, the members vacating office on the expiration of the term shall continue to perform their duties until the newly appointed members assume their duties.

A member vacating office may be re-appointed but shall not be eligible to hold office exceeding two consecutive terms unless other person cannot be found to hold office.

On the appointments of the members, the Manager shall register such appointments with the competent official within thirty days from the date on which the Joint Owner General Meeting has passed a resolution on such appointments.

The following persons shall be eligible for an appointment as a member:

1. A joint owner or his spouse,
2. A statutory heir, custodian or curator in the case where a joint owner is a minor, incompetent or quasi-incompetent person, as the case may be.
3. An agent of the condominium corporate in the case where the condominium corporate is a joint owner.

In the case where any unit’s ownership holder consist of several joint owners, only one person shall be eligible for an appointment as a member.

A person eligible for appointment as a member shall not possess the following prohibitions:

1. A minor, an incompetent or quasi-incompetent person,
2. Used to be relieved from the position of a member by the Joint Owner General Meeting or removed from being a manager because of corruption or his conduct is detrimental or defective on morality.
3. Used to be dismissed, removed or discharged from a government service, government or private organization or agency on charge of misfeasance,
4. Used to be imprisoned by final judgment except an offence committed through negligence or petty offence.

In addition to vacating office on the expiration of term, a member vacates office upon

1. Death,
2. Resignation,
3. Not being a person under Section 37/1 or having the prohibitions set forth under Section 37/2,
4. The Joint Owner General Meeting has passed a resolution in accordance with Section 44, relieving him from the position.

The Committee (Board) shall elect a member as the Board Chairman and may elect a member as the Board Vice Chairman.

The Board Chairman shall summon members for a Board Meeting and in the case where at least two members have submitted a request for summoning a Board Meeting, the Board Chairman shall schedule the date for such Meeting within seven days from the date of receiving such request.

On the Committee (Board) Meeting, there must be members of not less than a half of the total number of the members attending to Meeting to constitute a quorum.

On the Committee Meeting, if the Board Chairman is not present at the Meeting or is unable to perform his duty, the Board Vice Chairman shall preside over the Meeting as the Meeting Chairman, but, if in the absence of the Board Vice Chairman or even in his presence, however, he is unable to perform his duty, the members in attendance shall elect a member to be the Chairman of the Board Meeting.

The Meeting decision shall be on the basis of the majority of votes. In casting votes, each member shall have one vote. In the case of an equality of votes, the Meeting Chairman shall have an additional vote as the casting vote.

The Board shall have the power and duty as follows:

1. Monitoring control over the condominium corporate managements,
2. Appointing a member to assume duties of the Manager of the condominium corporate in the case where there is no Manager or the Manager is unable to perform normal duties in excess of seven days.
3. Arranging the Board Meeting to be convened at least once every six months.
4. Other duties prescribed under Ministerial Regulation.

The condominium corporate shall prepare a balance sheet at least once every twelve-month cycle which shall be deemed as accounting year of such condominium corporate.

The balance sheet under paragraph one must contain the particulars on the amount of properties and liabilities of the condominium corporate as well as receipt-expenditure account and audited by an auditor and then submitted to the Joint Owner General Meeting for approval within one hundred and twenty days from the date ending the accounting year.

The condominium corporate shall prepare an annual report showing operational result for submission to the Joint Owner General Meeting together with proposing the balance sheet and that photocopies of such documents shall be forwarded to joint owners at least seven days prior to the date scheduled for the Meeting.

The condominium corporate shall maintain the annual report showing the operational result and balance sheet including Bylaws at the condominium corporate office to enable the competent official or joint owners for jointly review.

The condominium corporate shall maintain the annual report showing the operational result and balance sheet under paragraph one for a period of not less than ten years from the date of receiving approval from the Joint Owner General Meeting.

The juristic condominium may exercise the right of joint-owner covering all the common property in defending outside persons or demanding the return of property for the benefit of all joint-owners.

Joint-owners shall pay money to the juristic condominium for the carrying out of the business of juristic condominium as follows:

1. Expenses of juristic condominium which the owner of each apartment shall pay in advance.
2. Fund upon starting to do anything under the Regulations or under the resolution of the general meeting.
3. Other monies for the carrying out of the resolution of the general meeting under the conditions prescribed by the general meeting.

For the purpose in the enforcement of settlement of debts arising from the expenses under Section 18, the juristic condominium shall have the preferential rights as follows:

1. Preferential rights in connection with the expenses under Section 18, first paragraph shall be regarded as preferential rights of the same nature as the preferential rights under Section 259(1) of the Civil and Commercial Code and over the movable property the owner of the said apartment brought into his apartment.
2. Preferential rights concerning the expenses under Section 18, second paragraph shall be regarded as preferential rights of the same nature as the preferential rights under Section 273(1) of the Civil and Commercial Code and over the personal property of each owner of the apartment.

Preferential rights under (2), if the manager has duly submitted the description of debt to the Competent Official, it shall be regarded a priority to the mortgage.