Duties of the condominium joint owners

Joint owner of each unit shall exercise his right through the management of the condominium juristic person by appointing the committee members. This requires each devotion to observe the management of the condominium juristic person if it comply with prescribed by laws. If the condominium juristic manager lack of honestly, act of omission, poor performance, likely to corrupt which caused such operating problems to the condominium. Condominium joint owners entitle to request for extra ordinary meeting in order to get declaration from the manager. If the manager is unable to provide reasonable facts of the failure which caused damages to the condominium, the unit owners shall summon issue to the joint owners general meeting in order to vote for a resolution to remove the condominium juristic manager

Roles, Duties and Powers of “Joint owner”

Meeting and votes 1.  Joint owners represent one-fourths of the total right votes requesting the committee and or the manager to convene the extra ordinary meeting. 2. Entitle to attend the Annual General Meeting and Extra Ordinary Meeting. 3. Entitle to vote in accordance with the ratio of the common property ownership (ownership ratio can be read from the condominium ownership manual) or assign a proxy to someone to votes for any issues at the Annual General Meeting.

3.1. Providing the consent to any joint owner to engage the construction or addition works that shall affect to the common property or external building.

3.2. Fund establishment

3.3. Make changes of the objectives of the fund expenditure.

3.4. Appointment or removal of the condominium juristic manager

3.5. Determining the businesses of the condominium juristic manager which can be assigned by power of attorney.

3.6. Construction or repair of a whole or partial building that caused damage.

3.7. Correction/revision of the common property fee as stipulated by the bylaws.

3.8. Appointment of, service term to be served and the disqualification of the committee

3.9. Purchasing or being transferred real estate with encumbrance over common property.

3.10. Amendment/addition of the bylaws of the condominium in respect of use and management of the common property.

3.11. A construction causes to alter/add or improve the common property other than stipulated by regulation.

3.12. A disposition of real estate common property.

3.13. Revocation of condominium juristic person

4. Eligible for the election of the committee member. Utilities Maintenance and other common properties. 

1. To be obliged for paying the common area fee, water and other expenses in order to maintain the utilities and other common properties of the building for the efficiency of their performances.

2. To be obliged for taking care for his personal property at its proper conditions including common property where it locates in the unit at its proper condition to be served at all times such as electrical and sanitary systems.

3. To strictly abide by the bylaws of the condominium juristic person as the it serves as a constitution of co-habitatioin of the joint owners.

4. To strictly abide by the bylaws of the condominium juristic person as the it serves as a constitution of co-habitation of the joint owners.

5. To comply with the rules of the condominium juristic person such as rules of addition works to be carried out in the unit that required prior consent to carry on.

6. Co-habitation with courtesy and respect rights of the other.

Duties of Condominium Juristic Manager

1. Managing the businesses for the best interests of the management and monitoring the common properties at their proper conditions to be served at all times and for the benefit of joint owners.

2. Purchasing/acquisition of property together with providing services for the enjoyment of the joint owners within the building under the rules set forth by the condominium committee

3. To collect “fund” and “common areas fee” from the joint owners in order to spend for the maintenance and repair of common facilities including common properties and other services in the building.

4. To process any assignments in accordance with the adopted resolution of joint owners General or Condominium Committee Meeting nevertheless shall not contrary with the bylaws of the condominium juristic person or Condominium Act.

5. To take control over the usage within the unit and exercising rights over the common property of the join owners and occupant in compliance with the intention of the Condominium Act, bylaws and rules of condominium juristic person as set forth herein or as if may be in the future.

6. Act as a represent of the Condominium Juristic Person within the scope of the Condominium Act, regulations of Condominium Juristic person or adopted resolution of the joint owners General Meeting including to exercise power to collect, demand, taking lawsuit and legal execution.

7. A power of attorney can be assigned to carry on any businesses in accordance with section 6 but a notice or consultation is required by the Condominium Committee prior of assignment.

8. In case of emergency, he is capable to manage for the safety of the building as well as any other required actions that should be taken in a manner of protection against the property of his behalf.

9. To convene the General Meeting as prescribed by the regulation of the Condominium Juristic Person

10. To formulate rules of the condominium juristic person with the approval of the committee that shall not conflict with the Condominium Act and bylaws of the condominium juristic person.

Condominium Committee: Power and authority of the Condominium Committee

1. To take control, monitor and examine the general management of the condominium juristic person of which the Manager operates within the scopes of duties and responsibilities as set forth by bylaws or as assigned by the adopted resolution of the General Meeting

2. An authority to formulate the policies to be conducted by the Manager, any regulation and measurement within the scopes of laws and bylaws.

3. An authority to consider issues, requests and make decision on the arising disputes in the building including other consideration within the scope of laws and bylaws.

4. An authority to consider and approve the payment of expenditure including over-the budget expenses which was reserved in case if it is necessary to the living condition of the joint owners, security, safety or conditions architectural building.

5. An authority to execute juristic act or approve the manager or other person to act on behalf of the condominium juristic person to execute juristic act with third party. 6. An authority to request for the General Meeting to be held in accordance with the bylaws when it is necessary to obtain resolution from the joint owners. 7. To consider and authorize to relief, refrain from, reduce fine or relief scheme for those who violates the provision herein, thereby a resolution of vote not less than three-fourths must be obtained. 8. To award with absolute that any particular works will affect to personal property which will be an effect to the structure stability, prevention of possible damage to the building or others as provided by bylaws or any manner to be conveyed by any joint owners that shall affect to the common property or physical external building or any construction that shall alter / add or improve common property where they shall violate bylaws or rules of the Condominium, therefore the award is absolute. Reference 1. Condominium Act B.E. 2522 (1979), chapter 5 Condominium Juristic Person