Community Residents Rights?

[Green Nomad]

Hi Guys, Apologies if this topic is in the wrong section.

My question is. Does anyone know what are the rights of a foreign resident living in a development run by a juristic committee with regards to attending an AGM, that is supposedly for residents?. The reason I am asking this is because I have heard from a neighbour of mine who was prevented from attending and having a say in the meeting by himself, as he is not the legal owner, had to be attended and voiced only by his Thai wife. The chairperson was insisting proof of ownership was shown and only the Thais present were allowed to speak. Sound familiar?? GN.

[Nereus]

It is certainly true for a Condominium, but probably more to do with how a "development" has been legally registered. Do you pay common fees and have a co-owners committee?

[Green Nomad]

They are very good points Nereus, I will need to find out before further discussion I think. I do know maintenance fees are paid and it is a committee run by owners.

[Nereus]

The Condominium act is clear about what is what, but it may be that the developer has drawn up his own rules for the development, I really do not know.

In my Condominium in Bangkok the notice of an upcoming AGM includes forms to nominate a proxy. The proxy is not required to be an owner. There is also a legal requirement to have a quorum before a meeting can proceed, at least at the first call. If no quorum, then at the second call, which has to be set for a new date, a quorum is not required.

[sateeb]

Hi Guys, Apologies if this topic is in the wrong section.

My question is. Does anyone know what are the rights of a foreign resident living in a development run by a juristic committee with regards to attending an AGM, that is supposedly for residents?. The reason I am asking this is because I have heard from a neighbour of mine who was prevented from attending and having a say in the meeting by himself, as he is not the legal owner, had to be attended and voiced only by his Thai wife. The chairperson was insisting proof of ownership was shown and only the Thais present were allowed to speak. Sound familiar?? GN.

If your referring to the development I think you are, because of all the crap, threats and intimidation I decided to move on late last year to pastures new, one of the pros of renting I guess. I spent over 10 relatively happy years there which was spoiled by a small group of self serving, small minded residents. You wouldn't believe half of the crap and corruption that occurred at all levels.

[malcolminthemiddle]

Your post mentions that the project is a developed estate. This is important because a landed estate and a condominium are governed by different laws.

Your post also mentions that the development is run by a juristic committee. This is also important because there is no juristic committee without a registered Juristic Entity (JP). A non-juristic residents committee is unofficial where in the case of a landed estate the responsibility for the maintenance and management of common facilities (including collection of fees) remains with the Developer.

Assuming there is a Developed Estate Juristic Entity (JP) and a duly elected Executive Committee representing the JP (as you mention), there will be an Articles of Association stipulating membership and meeting criteria registered with the Land Department.

Section 4 para 9 item 1 of the AoA template issued by the Land Department states that the spouse of a registered Purchaser can be a member of the Executive Committee. It therefore follows that a spouse can attend meetings and have a voice unless the Articles of Association specifically says otherwise. A quick phone call to the Land Department should confirm this.

Executive Committee.png (88.5 KiB) Viewed 1175 times

Only the registered Purchaser or their proxy has the right to vote.

I hope this helps

[Green Nomad]

Thanks malcolminthemiddle. There was a legally elected JP ŕesidents committee formed when the builder had finished which has been changed several times over the many years that we have been there, however recently some discruntled residents who didn't get things their way took over and have started running things their own way, hence my post on this subject. I do expect that some of our fellow residents against this will also be doing some homework on this.

[sateeb]

/\Long story short, all the illegal activities of this group( let's call them the Putin's) were reported to the Land Office who, for some unknown reason sided with Putin. The matter was then taken to court when ultimately the judge wouldn't even listen to the case.
All this stemmed from an illegally called AGM where this group only invited their supporters to attend, no letters to absent tenants and certainly no proxy forms.

One of the major problems was the apathy of some residents who didn't care and would not help the legally elected committee resolve the problem. I'm hearing reports now that after several months of mis management some locals are waking up to the problems and kicking up a fuss.

The legally elected committee and their helpers tried all legal avenues to oust these Putin's without resorting to the egregious and nefarious methods carried out by the "invaders". Hey TIT where money talks.

[caller]

@Green Nomad. PM sent.

[Ginjaninja]

If your referring to the development I think you are, because of all the crap, threats and intimidation I decided to move on late last year to pastures new, one of the pros of renting I guess. I spent over 10 relatively happy years there which was spoiled by a small group of self serving, small minded residents. You wouldn't believe half of the crap and corruption that occurred at all levels.

Totally agree Steve. I found the exact same issue. Really spoilt Thailand for me and I regret buying a condo. Renting is the better option. Buying is not a good investment and the advantages of renting is you can pack your things and move at short notice. I haven't been to my condo in over two years now due to this Chinese bug that's going the rounds...
The corruption at this sort of low level is disgusting. The way the Hi-So Thais treat the working class is disgusting and I really felt quite unsafe arguing with the rich developers who screwed us right from the start.
I could never understand why the developers were always so keen to stay on the committee. They did absolutely nothing.... didn't reply to any messages (I was on the committee for the first term). Not quite sure what they gained from it but smelt as corrupt as hell.

GN.

[sateeb]

If your referring to the development I think you are, because of all the crap, threats and intimidation I decided to move on late last year to pastures new, one of the pros of renting I guess. I spent over 10 relatively happy years there which was spoiled by a small group of self serving, small minded residents. You wouldn't believe half of the crap and corruption that occurred at all levels.

Totally agree Steve. I found the exact same issue. Really spoilt Thailand for me and I regret buying a condo. Renting is the better option. Buying is not a good investment and the advantages of renting is you can pack your things and move at short notice. I haven't been to my condo in over two years now due to this Chinese bug that's going the rounds...
The corruption at this sort of low level is disgusting. The way the Hi-So Thais treat the working class is disgusting and I really felt quite unsafe arguing with the rich developers who screwed us right from the start.
I could never understand why the developers were always so keen to stay on the committee. They did absolutely nothing.... didn't reply to any messages (I was on the committee for the first term). Not quite sure what they gained from it but smelt as corrupt as hell.

GN.

True mate but the main protagonists in this group were ex village girls with a, lets say, background in "customer relations" and "Poland".

[sateeb]

For the benefit of Green Nomad and others that may be affected by the actions of the rogue committee in this development. It beggars belief.

1. There were 24 x 30 year long term lessess affected by being banned from participating at this sham AGM. The justification for this was given in a JP Thai only letter.
2. The co-owner group board of directors have changed the AGM quorum size from 1/3 of member votes to just 1/4 to accommodate the reduced and manipulated number of residents that can be involved
3. The meeting done without Thai to English translator support, so most farangs were left completely in the dark, just like a mushroom
4. If any long term lessee that has been affected by all this manipulation, discrimination and removal of rights wants to take legal action, please do so and have a case filed with the courts within 30 days of this sham AGM to avoid getting impacted by supreme court ruling 3209/2559. Otherwise you will effectively shoot yourself in the foot
5 After this shambolic AGM was over the board of directors (that also includes two farangs, don't mention the war ) then celebrated with garden parties and loads of hooting and whaling. Now how sick and sad is all of that for a group that under the bylaws is supposed to be there to support all residents.

[Green Nomad]

Thanks for the info Steve, really want to piss on their party, but don't know what can be done without any of us putting in a lot of dosh to some possibly dodgy lawyer,,,,TIT as you said. GN

[sateeb]

Thanks for the info Steve, really want to piss on their party, but don't know what can be done without any of us putting in a lot of dosh to some possibly dodgy lawyer,,,,TIT as you said. GN

Just apply to the committee for a 100k loan from residents funds to help pay for legal fees. Worked for one committee member

[caller]

Just apply to the committee for a 100k loan from residents funds to help pay for legal fees. Worked for one committee member

140k! And to think ot was only discovered because of an anon letter sent to all members, with pictures of the cheques and stubs.