Who has the responsibility 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 in order to maintain 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 that is recognized by law to have legal rights and to perform certain duties.
What are the qualifications of a juristic manager?
A juristic manager can be an ordinary person or a juristic person. In the case where 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 possess the following qualifications:
1. Must be at least 25 years old
2. Must not be bankrupt
3. Must not be an incompetent or quasi-incompetent person
4. Must not have been dismissed, removed or discharged from government service, government or private organization/agency for wrongful exercise of lawful authority
5. Must not have been imprisoned by final judgment except for an offence committed through negligence or for a petty offence
6. Must not have been removed from the capacity of a manager because of corruption, wrongful exercise of lawful authority, or moral/behavioral defect.
7. Must not have unpaid debt being the expenses on tax and duty according to the ratio of his/her freehold 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 resolution of the joint owners general meeting without contradicting the law
2. In the case of necessity and urgency, use his/her own initiative to act for the safety of the building in a manner a prudent person should do to his/her own property
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 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 six months overdue payment of expenses on tax and duty according to the ratio of their freehold in common property
7. Perform other duties prescribed under ministerial regulation
Does the appointment of a manager need to be registered?
The appointment of the manager shall be in accordance with the resolution of the joint owners general meeting. The appointed manager shall 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 three and nine 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 two years each term. A member vacating office may be reappointed but shall not be eligible to hold office in excess of two consecutive terms unless no other person can be found to succeed him/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 management of the condominium juristic person
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 seven days
3. Arrange to have the committee meeting convened at least once every six 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 to approve the annual report and the balance sheet, appoint an auditor, and discuss other important matters.
Who is qualified to become a committee member?
According to the Thailand Condominium Act, a committee member must meet the following criteria:
1. Be a joint owner or spouse of a joint owner
2. Be the legal representative, guardian, or curator, if the joint owner is a minor, an incompetent person or a quasi-incompetent person
3. Be a representative of a juristic person, if the joint owner is a juristic person. If a condominium unit is owned by many people, only one person shall have the right to be appointed as committee member
4. Not be a minor, an incompetent or a quasi-incompetent person
5. Never having been removed from the capacity of a manager because of corruption, wrongful exercise of lawful authority, or moral/behavioral defect
6. Never having been dismissed, removed or discharged from government service, government or private organization/agency for wrongful exercise of lawful authority
7. Never having been imprisoned by final judgment except for an offence committed through negligence or for a petty offence