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Condo Committee Member Making Decisions Without Consulting Board


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#1 pauljones

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Posted 2011-04-09 07:57:30

A member of our condo committee is making decisions without notifying the Board.
This may cost the owners a significant expense.



Legal?

#2 JohnC

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Posted 2011-04-09 08:39:23

Have a look at the condo act.

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#3 Delight

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Posted 2011-04-09 08:39:52

It depends on what type of decisions are being made.
If this member is authorizing the purchase of paperclips-that's one thing

If on the other hand he is authoring the purchase of major capital items -then that is a different matter


The process is :

Committee determines policy -the manager implements policy

The answer is for the committee to pass a resolution which will specify the scope within which a decion can be taken by committe members.

Also I think that your manager needs to be advised of his/her terms of reference.

An experienced manager would never proceed with a request to spend money (apart from on paperclips and the like) on major items without a registered vote.

Edited by Delight, 2011-04-09 08:58:28.


#4 pauljones

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Posted 2011-04-09 09:55:58

It depends on what type of decisions are being made.
If this member is authorizing the purchase of paperclips-that's one thing

If on the other hand he is authoring the purchase of major capital items -then that is a different matter


The process is :

Committee determines policy -the manager implements policy

The answer is for the committee to pass a resolution which will specify the scope within which a decion can be taken by committe members.

Also I think that your manager needs to be advised of his/her terms of reference.

An experienced manager would never proceed with a request to spend money (apart from on paperclips and the like) on major items without a registered vote.


He bypasses the manager & has ordered major improvements without discussing this with the owners or committee.
The committe is all Thai and they seem to run the building like it is their personal fiefdom ignoring the foreign owners, not having AGMs.
One owner felt threatened when she went to discuss the situation.

#5 Delight

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Posted 2011-04-09 10:33:20


It depends on what type of decisions are being made.
If this member is authorizing the purchase of paperclips-that's one thing

If on the other hand he is authoring the purchase of major capital items -then that is a different matter


The process is :

Committee determines policy -the manager implements policy

The answer is for the committee to pass a resolution which will specify the scope within which a decion can be taken by committe members.

Also I think that your manager needs to be advised of his/her terms of reference.

An experienced manager would never proceed with a request to spend money (apart from on paperclips and the like) on major items without a registered vote.


He bypasses the manager & has ordered major improvements without discussing this with the owners or committee.
The committe is all Thai and they seem to run the building like it is their personal fiefdom ignoring the foreign owners, not having AGMs.
One owner felt threatened when she went to discuss the situation.

I assume in that case no official order is issued . Does he also sign the cheques?

#6 pauljones

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Posted 2011-04-09 10:53:09



It depends on what type of decisions are being made.
If this member is authorizing the purchase of paperclips-that's one thing

If on the other hand he is authoring the purchase of major capital items -then that is a different matter


The process is :

Committee determines policy -the manager implements policy

The answer is for the committee to pass a resolution which will specify the scope within which a decion can be taken by committe members.

Also I think that your manager needs to be advised of his/her terms of reference.

An experienced manager would never proceed with a request to spend money (apart from on paperclips and the like) on major items without a registered vote.


He bypasses the manager & has ordered major improvements without discussing this with the owners or committee.
The committe is all Thai and they seem to run the building like it is their personal fiefdom ignoring the foreign owners, not having AGMs.
One owner felt threatened when she went to discuss the situation.

I assume in that case no official order is issued . Does he also sign the cheques?


He filled the gym with cheap, homeowner type equipment that is falling apart.
I do think he does sign the checks.
.

#7 Delight

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Posted 2011-04-09 11:12:44




It depends on what type of decisions are being made.
If this member is authorizing the purchase of paperclips-that's one thing

If on the other hand he is authoring the purchase of major capital items -then that is a different matter


The process is :

Committee determines policy -the manager implements policy

The answer is for the committee to pass a resolution which will specify the scope within which a decion can be taken by committe members.

Also I think that your manager needs to be advised of his/her terms of reference.

An experienced manager would never proceed with a request to spend money (apart from on paperclips and the like) on major items without a registered vote.


He bypasses the manager & has ordered major improvements without discussing this with the owners or committee.
The committe is all Thai and they seem to run the building like it is their personal fiefdom ignoring the foreign owners, not having AGMs.
One owner felt threatened when she went to discuss the situation.

I assume in that case no official order is issued . Does he also sign the cheques?


He filled the gym with cheap, homeowner type equipment that is falling apart.
I do think he does sign the checks.
.

The Condo Act does have provision to deal with these circumstances

However Your condo sounds like 'Bung City' to me.

The Juristic Person is their to ensure that the Condo operates legally. For certain your condo does not.

If he/she is part of the 'Bung' culture -then there is little hope of redress there.

(the cheque has to be counter-signed by the Juristic Person)

My only suggestion that those who are dissatisfied meet (preferable on neutral territory) and agree to seek independent legal advise from Attached File  42-2 EXTRA GENERAL MEETING.jpg   201.84KB   12 downloads a good Lawyer who specializes in such matters.

Probably of little use -but I attach a JPEG from the Act that advises the official course as detailed in the act,

That said if you do not have AGM,s and presumably the Land Office are enjoying certain benefits -you may wish to move directly to the legal advise option.

Edited by Delight, 2011-04-09 11:22:00.


#8 ripley

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Posted 2011-04-09 16:03:58

"He bypasses the manager & has ordered major improvements without discussing this with the owners or committee.
The committe is all Thai and they seem to run the building like it is their personal fiefdom ignoring the foreign owners, not having AGMs.
One owner felt threatened when she went t
o discuss the situation. "

Been dere - done dat! This can get heavy.
What you've mentioned are several direct violations of Condo Law. You might have recourse to address the Land Office in your region. Make sure everything is written in Thai, and if you visit that you are accompanied by a Thai speaker/interpreter. Land Office can achieve a lot & I've heard good things about their results.
If this doesn't work out, then I'm afraid it's time to get serious and think "out of the box".

#9 Delight

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Posted 2011-04-09 18:03:33

"He bypasses the manager & has ordered major improvements without discussing this with the owners or committee.
The committe is all Thai and they seem to run the building like it is their personal fiefdom ignoring the foreign owners, not having AGMs.
One owner felt threatened when she went t
o discuss the situation. "

Been dere - done dat! This can get heavy.
What you've mentioned are several direct violations of Condo Law. You might have recourse to address the Land Office in your region. Make sure everything is written in Thai, and if you visit that you are accompanied by a Thai speaker/interpreter. Land Office can achieve a lot & I've heard good things about their results.
If this doesn't work out, then I'm afraid it's time to get serious and think "out of the box".


The reply from 'ripley, is of course very good advise. My only reservation is that if the Thais in the O/P condo have friends in the Land Office (,which is the basis for their illegal behavior ) then it may only serve as warning to the Thais and in the short term they could 'clean -up 'their act.

I would be grateful if he( ripely ) could add the detail of methodology and outcomes with respect to his remark ' Been dere - done dat'

#10 jbaldwin

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Posted 2011-04-10 21:57:06

Every Condo should have clear written limits for the approval of expenditure.

In our case they are:

Building manager - 2,500 baht
Committee Chairman - 10,000 baht

and anything above 10,000 baht can only be approved by the whole Committee.

Nothing can be ordered without a completed purchase order signed by someone with the required authority.

#11 Delight

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Posted 2011-04-10 22:10:41

Every Condo should have clear written limits for the approval of expenditure.

In our case they are:

Building manager - 2,500 baht
Committee Chairman - 10,000 baht

and anything above 10,000 baht can only be approved by the whole Committee.

Nothing can be ordered without a completed purchase order signed by someone with the required authority.

I think the O/P is looking for a solution where a resolution ,of the type that you describe, will simply be ignored; By, it appears, all the committee.

Edited by Delight, 2011-04-10 22:11:49.


#12 BlackJack

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Posted 2011-04-11 15:30:05

what area is it in?

If a few people are sick of it then you can get a lawyer
dont do it yourself as it could get nasty as what happened to a friend of mine
lawyers are not expensive here and can nicely advise them that they are in the wrong and breaking the law
normally they wont come the heavy with the lawyer

the building i am in now has mostly foreigners on the committee and they have totally turned it around
also the developer has been taken to court for serious money

#13 Delight

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Posted 2011-04-11 16:41:02

what area is it in?

If a few people are sick of it then you can get a lawyer
dont do it yourself as it could get nasty as what happened to a friend of mine
lawyers are not expensive here and can nicely advise them that they are in the wrong and breaking the law
normally they wont come the heavy with the lawyer

the building i am in now has mostly foreigners on the committee and they have totally turned it around
also the developer has been taken to court for serious money


Good Post

However -when your condo was 'turned around' did you have a legal co -owners meeting to request a Extra Ordinary General Meeting (EGM)

Or did a few of you just un-officially agree to do it anyway?

I make the point because I suspect that the latter approach is possibly illegal.

I am open to correction/clarification of this statement.

Chances are it may be ok -given that I suspect that the committee members in this specific case are not aware of the Law.

So just putting the' frighteners ' on this current committee by a Lawyer may be a quick and effective remedy.

Just seeking advise from a lawyer is not illegal.

Edited by Delight, 2011-04-11 16:45:32.






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