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CHAPTER ONE
The official title of these Articles of Association is Bangla Suites Condominium Rules and Regulations Manual and the Juristic Condominium shall be called Bangla Suites Condominium.
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Article 2 In these Articles of Association: "Condominium" refers to Bangla Suites Condominium; "Manager" refers to Manager of Bangla Suites Condominium; "Co-owner" refers to an owner of a condo unit or spouse and/or a representative in case a juristic entity owns a condo unit;
"Condominium
Committee"
refers to a group of persons
according to Article 37 of the Articles "Condo unit" refers to part of the Condominium which can be separately owned by an individual and the total condo unit area is XXX XXX square metres, not more than 49% (XXX XXX square meters) of which can be owned by alien persons and/or alien juristic persons; "Project Owner" refers to Bangla Suites Company Limited "Juristic Condominium" refers to Bangla Suites "rules or regulations" refers to Bangla Suites Condominium Rules and Regulations Manual
Condominium units are meant for residential purposes only except Unit Nos. XXX/104, XXX/105 and XXX/106, which can be used for commercial purposes, however, the business enterprises shall benefit or serve the residents in the condominium and not disturb the peaceful habitation and welfare of the residents and general public.
The Articles of Association are applicable to co-owners, their dependents, their representatives and/or their own tenants immediately after the Condominium is registered and the co-owner becomes a juristic person. Any amendments to the Articles of Association must be done within a General Meeting of co-owners, in line with the Condominium Act (No. 3) B.E. 2542 (A.D. 1999) and the Articles of Association. The Condominium Committee will then ask the Manager to have the amendments registered with the officials concerned within a maximum of 30 days. The amendments to the Articles of Association will become effective and enforceable upon registration.
In terms of any co-owner(s) calling a General Meeting or a vote on any matter(s) purported to be in violation of the Articles of Association, co-owners have the right to take legal and/or juristic action to withdraw the call for a General Meeting or for a vote within one month from the voting date.
In the case where any applicable terms or conditions are not contained within these Articles of Association, clauses within the Condominium Act (No. 3) B.E. 2542 (A.D. 1999) shall be applied.
CHAPTER TWO Article 7 The objectives of the Juristic Condominium are for the management, care and supervision of the common property. The Condominium has the right to take action for the highest benefit to co-owners in living together in the Condominium. However, the action must be in line with resolutions of co-owners at a General Meeting under the Condominium Act (No. 3) B.E. 2542 (A.D. 1999), namely; 7.1 Take care of and maintain all public utilities, collect money from co-owners and earn or acquire money to cover expenses in taking care of the public utilities and to pay for applicable property taxes to the government. 7.2 Take action for general safety, to provide a security system for the building and common property and to introduce measures to prevent damages to the building and common property, as well as obtain the necessary insurance policies through a registered insurance firm. 7.3 Take care of and repair the common property, including those properties to be purchased in the future so that they are always in good and functional conditions. 7.4 Contact or employ government agencies, state enterprises or other organizations, companies, firms or individuals to maintain, supervise, take care of and/or repair the common property.
CHAPTER THREE
The common property of this Condominium includes all parts of the Condominium outside the units, land on which the Condominium is situated, and other property provided for communal usage by all the co-owners. They are as follows: 8.1 Such parts of the Condominium which are not condo units, such as foundations, piles, pillars, stairs, elevator shafts, roofs, machining rooms, roof-decks, walkways & corridors, driveways, car parking areas, external walls, water shafts, ducts, rooms, spaces or parts of the building set aside for common use amongst co-owners. 8.2 The land on which this Condominium is situated, being the land bearing Title Deed Nor.Sor. 4 Jor number 3098, land number 296, with total area of 2 ngan, 50.3 square wah, inclusive of buildings or developed properties on the aforesaid areas, provided for communal usage. 8.3 Other properties for communal use amongst co-owners whose ownership or rights are held by the Condominium, for instance, office of the Management, utensils, elevators, fire fighting equipment, fire hoses, water pipe systems, electric wiring, transformers, electric boxes, power systems, lightning rods, electrical equipments, waterworks & drainage systems, water pumps, manholes, septic tanks, dams, telephone systems, TV antennas, swimming pool and other such facilities.
The Condominium reserves and supports the rights of each and all co-owners, in prosecuting, by any means, including legal actions against a third party for the return of any common properties and/or any co-owner's legal actions claiming indemnification from a third party. The above rights of co-owners must be processed through the Condominium Manager or Condominium Committee.
Each Co-Owner shall have ownership over the common property as per the ratio specified in their own certificate of ownership for the condominium unit registered in their own or company name at the Phuket Land Department Office, Phuket City 83110, Thailand
CHAPTER FOUR
Office of the Condominium is located at XXX/1 Moo xx, Bangla Road, Phuket 83110 Thailand. The Condominium Manager shall have duties and responsibilities according to the Condominium Act (No. 3) B.E. 2542 (A.D. 1999) as well as the duties and responsibilities specified within these Articles of Association.
The responsibilities of the Condominium Manager include: 12.1 To manage and take care of the common property, purchase and acquire property and provide for facilities and utilities for co-owners. Property purchase and procurement shall correspond with regulations set by the Condominium Committee. 12.2 To undertake any action for the smooth management and care for the common property and for co-owners' benefits 12.3 To collect money from co-owners for the condominium sinking fund and expenses incurred from the administration and maintenance of the Condominium's common property 12.4 To act according to resolutions of general meetings of co-owners or Condominium Committee meetings which do not contradict the Articles of Association and the Condominium Act (No. 3) B.E. 2542 (A.D. 1999) 12.5 To supervise the use of condo units by co-owners and the common property being used by co-owners or other residents in accordance with the Condominium Act (No. 3) B.E. 2542 (A.D. 1999) and the existing and future rules and regulations 12.6 To represent the condominium and have authority to act on behalf of the condominium under the scope of Thai law and rules or resolutions of the meeting of co-owners 12.7 To assign other persons to handle certain activities on his/her behalf after informing or consulting with the Condominium Committee 12.8 In the case of necessity or urgency, the Manager has the authority in taking initiatives or measures for the security of the Condominium as any ordinary person would do to maintain and manager his/her personal belongings 12.9 To arrange for General Meetings of co-owners 12.10 To prepare financial statements, reports of operation of the Juristic Condominium duly examined and verified by the auditor for submission to the general meeting except for the first general meeting in which no examination and verification by the auditor shall be required 12.11 To file reports, lodge complaints and to demand outstanding debts on behalf of the Juristic Condominium 12.12 To commence cases and/or make compromises on behalf of the Juristic Condominium upon approval by the Board
With approval from the Condominium Committee, the Condominium Manager has the right to formulate regulations in order to carry out his/her duties in accordance with the objectives of the Condominium, which are not in violation of the Articles of Association or the Condominium Act (No. 3) B.E. 2542 (A.D. 1999). Article 14 The term of office of the Manager is two years through election procedures stated in the Articles of Association and not violating the Condominium Act (No. 3) B.E. 2542 (A.D. 1999). If no election is held, the current Manager will continue in the position for another two years. If the position of the Manager becomes vacant before normal termination, the Chairman or a person appointed by the Condominium Committee shall take the position as a provisional Manager until a new election is held. The outgoing Manager can be reinstated. Appointment of a Condominium Manager in the previous sentence does not include the one appointed for the registration of the Condominium according to the law pertaining to Condominium.
The Manager's term of office is ended in one of the following cases : 15.1 Death 15.2 Being adjudged as a bankrupt person 15.3 Being ordered by the court to be incompetent or quasi-incompetent person 15.4 Expiry of the current term 15.5 Resignation 15.6 Being withdrawn from the position by resolution of a General Meeting
To register the change of Condominium Manager, the following documents are required: 16.1 Notice for the General Meeting 16.2 List of participants in the General Meeting and their signatures 16.3 Voting ballots to remove Condominium Manager from the position (if any) and voting ballots to appoint a new Condominium Manager 16.4 In case the Condominium Manager leaves his/her position before the normal term of office and there is no vote to remove him in a General Meeting, a resignation letter shall be displayed except in the case of 15.1, 15.2, 15.3 and 15.4 16.5 Approved minutes of the meeting stating the removal and appointment of the Condominium Manager.
Each co-owner must take the shared responsibilities for the expenses as follows : 18.1 "Condominium sinking fund" is to be on the ownership transfer date and other funds according to resolutions of General Meetings 18.2 Expenses incurred from the management and maintenance of the common property 18.3 Expenses incurred from the common facilities and other tools and equipment to serve co-owners 18.4 Fees for using the common property at the rate fixed by the Condominium Committee such as fees for the swimming pool, etc. 18.5 Each co-owner must pay proportionately, according to his/her share in the ownership of the common property, for taxes, insurance premiums and other expenses incurred from the maintenance of the common property. 18.6 As for expenses in Articles 18.2 to 18.5, each co-owner must pay at the rate fixed in the following Clause 18.7 for the first year of operation. Payment shall be made by crossed post-dated cheques, cashier's cheque, company cheque and/or Electronic Funds Transfer ("EFT"). in advance for one year, payable to the Bangla Suites bank account. The rate is subject to change according to the prevailing economic conditions, but the change must be approved by the Condominium Committee and/or the General Meeting.
18.9 During the first year of operation, from the condominium registration date, Bangla Suites Company Limited shall appoint a Manager for the Bangla Suites Condominium.
Each co-owner or resident shall pay for utility charges as well as personal expenses such as electricity, water and telephone charges, etc, at the rate fixed by the Condominium, Condominium Committee and/or the General Meeting, which will reflect the current and standard Thai Government Water and Electric Authority charges plus a minimal service fee set by the Condominium Committee .
Payment according to Articles 18 and 19 shall be made at the Condominium Office within thirty (30) days from the day the co-owner receives a notice from the Manager. If a co-owner fails to pay within thirty (30) days, or his cheque is dishonoured, he will be fined at the rate of 10% per month upon the amount due. A fraction of a month is considered one month. If the amount is overdue for more than three months, the Condominium Committee, by the Manager, has the power to suspend the supply of such public utilities as water, telephone service, etc, to that unit.
Co-owners shall share the expenses stated in Articles 17 and 18 starting from the Condominium registration date or the date the condo unit ownership is transferred from the project owner to the buyer.
In the case of necessity or urgency to manage, maintain or repair the common property for the benefit of most co-owners, or according to the resolutions of the General Meeting not in violation of the Articles of Association or the Condominium Act (No. 3) B.E. 2542 (A.D. 1999), the Manager, with approval from the Condominium Committee, has the authority to utilize funds from the Condominium sinking fund set aside for such emergencies or other funds, or to collect additional amounts from the co-owners for emergency cases.
The Manager, with approval from the Condominium Committee, shall insure the Condominium against fire and other disasters deemed appropriate by the Manager or Condominium Committee with reliable companies at the current market prices. The Condominium is the insured and is the beneficiary, on behalf of the co-owners, to use funds received from the insurance firm to repair the Condominium or pay the damaged in case of disasters. The premium shall be shared by all joint owners in proportion to the percentage of their ownership in the common property.
In case of fire or any damage, if only part of the Condominium is damaged, co-owners shall immediately repair it through the Manager with approval from the Condominium Committee with money claimed from the insurance firm or from co-owners in case the indemnities do not cover the repair costs. In the case that the entire Condominium is damaged, an urgent General Meeting shall be called to determine whether or not to rebuild the condominium. If it is agreed to rebuild the condominium, the Manager, with approval from the Condominium Committee, shall take action accordingly with money claimed from the insurance firm or from co-owners in accordance with the Condominium Act (No. 3) B.E. 2542 (A.D. 1999). If the compensation and/or Condominium funds do not cover the rebuilding cost, or the co-owners have decided not to erect a new building, in other words, ceasing and abolishing the Condominium, the Manager, with approval from the Condominium Committee, shall call a General Meeting to officially resolve the ceasing and abolishment of the Condominium. If the Condominium receives money claimed from the insurance firm, the Manager or Condominium Committee shall distribute such funds, along with the Condominium funds, after a proper audit, according to the Condominium Act (No. 3) B.E. 2542 (A.D. 1999), to all co-owners in proportion to their ownership in the common property. For happy dwelling together in the Condominium, all co-owners are to sign their names in giving up their right to claim for damages from one another, as well as from the Condominium Juristic Person and the insurance firm, before ownership of the Condominium is transferred to them.
CHAPTER SIX Article 25 In the usage of personal property, the owner or persons authorized by his/her can use any property in his/her unit under the following regulations. 25.1 Unit Nos. XXX, XXX and XXX can be used for commercial purposes in line with conditions stated in Article 3 of the Articles of Association and rules and regulations. Other condo units not specified herein must be used for residential purposes only. 25.2 The co-owner or person authorized by him/her shall take care of his/her condo unit and belongings and keep them always in good conditions, and refrain from doing anything to harm, disturb or disgust other dwellers or affect the security system of the Condominium. 25.3 There are allowances for some pets such as small dogs or cats, but no one shall keep any large or fierce animals or any animals that might disturb, make loud noises or harm others within the Condominium compound. No pets are allowed within the common areas. Furthermore, written authorization from the condominium manager, condominium committee and/or General Meeting must be obtained prior to keeping any animal within a condominium unit. Once written authorization has been received, a 10,000 Baht refundable deposit shall be given to the Condominium Manager, as security against any possible damages and/or defacement caused anywhere within the Condominium compound by the animal so authorized. 25.4 No one should make excessive noise in his/her unit or common areas 25.5 No one shall alter or move the alarm system, fire prevention system, TV signal system, and/or other control systems. If it is necessary to alter or move a common system, official permission must be obtained from the Manager, who shall thoroughly examine each request on a case by case basis. 25.6 No one shall pour hot water or throw refuse out of the veranda 25.7 No one shall throw away water mixed cement or other sediment into the drains or toilet bowl 25.8 No one shall dump sanitary napkins or garbage into a toilet bowl or drainage pipe 25.9 No one shall leave personal belongings such as shoes outside his/her unit 25.10 No one shall chisel, drill or modify the floor, ceiling or wall adjoining the walkway, veranda or another condo unit 25.11 No one shall fix a picture, poster, advertising sign, plants, flowers or any items on the wall and/or veranda outside the condo unit 25.12 No one shall dry clothes and/or hang any items over a veranda rail 25.13 No one shall erect or alter any veranda rail or add an iron grill except a grill whose design has already been approved by the Condominium or after having received approval from the condominium committee and/or the General Meeting 25.14 No one shall alter the design of the veranda of any condo units. If any air compressors are to be installed on the veranda of any units, they shall be installed in locations specified by the Condominium management, and shall be installed no higher than the height of the veranda rail. 25.15 A co-owner or resident who wishes to alter or redecorate his/her unit shall ask permission from the Manager and submit alteration plans to be considered by the Manager. The plan will be approved only when the Manager finds that it does not affect the security of the building, and/or common facilities, nor affects the external appearance of the Condominium and/or is not in violation of the Articles of Association. 25.16 No one shall leave construction materials in the common areas 25.17 No one shall dump construction scraps in the garbage chute or throw them out off the veranda 25.18 Co-owners or tenants shall let Condominium officials and/or technicians enter their condo units to check and make any necessary repairs to the common property and/or adjoining units, to ensure that they are returned to their original condition and will continue to function properly. 25.19 Co-owners or tenants shall be held liable for any damage to the common property, adjoining units or units above or below, affected by their construction, re-decoration or alteration of the common facilities or alarm system
25.20
Before or during any renovations or decorating, the co-owner or resident
shall deposit an amount of at least Baht 30,000 (thirty thousand Baht
only) with the Condominium to guarantee against possible damage or at
the rate fixed by the Condominium, and shall abide by the Condominium
rules and regulations. 25.22 Co-owners or tenants shall only use their own designated parking area for parking automobiles and motorcycles, unless prior authorization is given by the Manager, Condominium Committee or General Meeting. 25.23 Co-owners or tenants who violate items 25.1 - 25.22 shall face measures introduced by the Condominium Committee or General Meeting through the Manager such as suspending supply of water or telephone. The Manager is empowered to confiscate the guarantee deposit and/or claim for damages and/or order necessary demolitions, as well as return everything to its original state, at those particular co-owners' and/or tenants' expenses. 25.24 Co-owners who wish to transfer their ownership to other persons must obtain a letter from the Manager certifying that they do not have any outstanding billing amounts due. They are required to inform the Manager of the name and address of the transferee and the transferee shall abide by the Condominium rules and regulations. 25.25 The Manager, with approval from the Condominium Committee, may formulate additional regulations as he sees appropriate, and post them on the notice board for all co-owners and residents to observe. 25.26 The co-owners, tenants and/or residents shall be responsible for and responsible to insure their own personal property.
The following renovations or alterations are deemed as affecting the external appearance of the building, which the co-owners or tenants are not allowed to do, except with permission from the Manager, Condominium Committee and/or General Meeting: 26.1 Change of materials or colour of doors or windows, including windows on the veranda. 26.2 Change of materials or colour of walls adjoining common walkways as well as walls on the front and back verandas. 26.3 Installation of iron grills upon doors or windows or on the verandas of the condo unit. 26.4 Installation of TV antennas
CHAPTER SEVEN
The Manager, with approval from the Condominium Committee or a General Meeting, is to exercise power given to him as stated in the Articles of Association. The Manager's responsibilities include formulating provisional regulations or additional rules, arranging for security, checking persons coming in or leaving the Condominium, providing necessary services and employing or terminating employment of persons for such other relevant expenses.
In cases where a Condominium is partly expropriated from a co-owner, according to the expropriation code, those co-owners whose units are expropriated are also deprived of their right in the common property. However, the Manager with approval from the Condominium Committee shall ask other co-owners whose units are not expropriated to proportionately pay compensation to affected co-owners.
The Manager, with approval from the Condominium Committee, shall supervise the usage of the common property by co-owners or tenants. They shall observe the following regulations: 29.1 Co-owners or any others persons shall not use the common property other than for the purposes aforementioned and only during scheduled times for that particular common property, which shall be under the supervision of the Manager. In the case where co-owners or persons allowed to use the common property do not observe the regulations, the Manager can stop the co-owners or those persons from using the property until they follow the regulations. 29.2 Co-owners' dependents or other persons authorized by them shall not enter places not corresponding with their aim in entering the Condominium. The Manager is authorized to take appropriate measures on those persons. 29.3 Persons other than co-owners are not allowed to enter the Condominium or use the common property except with permission from co-owners, Manager or authorized persons. The Condominium reserves its right not to welcome persons whose conduct or dress is indecent or violates the Articles of Association. The Manager is empowered to take proper action and may restrict certain persons from entering the Condominium and/or use the common property. Furthermore, the Manager has the authority to ask them to leave the Condominium or common property. 29.4 Persons with communicable diseases shall not use the common property. 29.5 The Manager, with approval from the Condominium Committee, may formulate additional regulations as he sees appropriate and place them on the notice board for co-owners, persons authorized by them and their dependents for their attention. 29.6 If the co-owners, their dependents or persons authorized by them do not follow or adhere to any regulations, the Condominium, acting as the damaged, has the right to implement item 25.23, fine, introduce any appropriate measures against them, take legal action against them and/or get them to pay compensation for the damage(s).
CHAPTER NINE
A meeting of all co-owners shall be called the "General Meeting", which shall be held within six months from the day the Condominium is registered. Subsequent General Meetings shall be called at least once a year. Such meetings will be called 'Annual Ordinary General Meetings'. Written notice of every General Meeting along with the agenda, place, date and time shall be delivered to the actual address of all co-owners at least thirty (30) days in advance.
The following persons have the authority to call a General Meeting: 31.1 The Condominium Manager 31.2 The Condominium Committee 31.3 Co-owners with 25% or more votes may require a General Meeting by asking the Manager and/or Condominium Committee to convene a meeting. The Manager and/or Condominium Committee shall call the meeting within 15 days from the day the co-owner(s) make the request to the Manager in writing.
To make a quorum, the General Meeting must he attended by those who have the right to vote, with no less than one third of the total number of those co-owners or their spouses and/or a representative having the right to vote.
A resolution of the General Meeting must be voted supportively by the majority of the attending co-owners except for cases in which the Articles of Association specify otherwise.
In voting, each co-owner has the vote value according to his/her share of ownership in the common property, as so stated in Article 10 herewith. If one co-owner has more voting value than half of the total number of votes, such vote value of that particular co-owner shall be reduced to become equal to the votes given by all other co-owners combined.
The co-owners in a General Meeting shall appoint not more than nine (9) Committee members to administer the Condominium by majority vote in a General Meeting. The Committee members appointments or terminations shall be made by the majority vote of a General Meeting.
The following persons are entitled to be appointed Committee members: 36.1 The co-owner or his/her spouse 36.2 Legal representative, guardian, in cases where the co-owner is under 20 years of age, or adjudged to be an incompetent person or quasi-incompetent person. 36.3 The Manager or a representative of the Condominium Juristic person, if he/she is a co-owner
The Condominium Committee shall see to the administration of the
Condominium, formulating rules and regulations for the convenience and
benefits of condominium management and/or co-owners, as well as
supervising the operation of the Manager who acts according to his/her
duties stipulated in the
In voting, a co-owner may authorize a proxy in writing, but a proxy cannot vote on behalf of more than three votes at a meeting. The Manager and/or his/her spouse cannot be chairperson of the meeting, nor can he/she act as proxy of another co-owner
The following resolutions shall be reached by the majority votes of attending co-owners: 39.1 setting up a fund 39.2 adjusting the condominium fees for common expenses 39.3 adjusting the rate of service utilities charges
39.4
appointment, term of office, and dismissal of committee members
The following resolutions shall be reached by the majority vote of all co-owners: 40.1 to appoint and/or remove the Condominium Manager 40.2 to allow a co-owner to undertake a construction or appendage which will affect the common property or the external appearance of the building at his/her expense. 40.3 to construct or repair the building, which is entirely damaged or more than half of the total number of units in the building are damaged. If the attending co-owners at a General Meeting are inadequate to make a majority vote for Article 40.1, 40.2 and 40.3 aforementioned, another General Meeting shall be held within 15 days from the day the previous meeting was called. At this new General Meeting, the majority vote (not less than 51%) of attending co-owners shall be regarded as a resolution.
Resolutions on the matters listed below, must be voted supportively by
not fewer than three fourths of 41.1 To alter the ratio of ownership in the common property already specified in the Articles of Association 41.2 To purchase or accept any immovable property with financial obligation as common property 41.3 To amend the Articles of Association 41.4 To undertake construction, which would change, append or improve the common property, besides what has been stipulated in the Articles of Association 41.5 To discharge any immovable property from being common property. 41.6 To alter an objective of a condominium fund
The Manager, with approval from the Condominium Committee, shall have the right to determine whether any action made to personal property affects the structure and security of the building, common property or external appearance of the Condominium, or whether construction affects the common property, or violates any Articles of Association, rules and regulations and/or the Condominium Act (No. 3) B.E. 2542 (A.D. 1999).
In
cases where the building is damaged, every co-owner shall share the
expenses on building construction or repairs which are common property
according to their proportion in the ownership of the common property.
Expenses on construction or repairs of personal property shall be
covered by damaged co-owners themselves.
The Condominium Committee shall have the authority and duties as follows: 44.1 To formulate Condominium regulations not in violation of the Articles of Association or Thai law 44.2 To set up policies for the Manager to follow 44.3 To authorize the Manager to enter into a legal deed with a government agency, state enterprise, and/or outsider on behalf of the Condominium 44.4 To approve the expenses in excess of the budget in 'cases of necessity' to the Condominium 44.5 To determine or make a decision on conflicts within the Condominium and to inform or get approval from the co-owners in a General Meeting 44.6 To supervise and check the operations of the Manager, who acts according to his/her responsibilities stipulated in the Articles of Association, Thai law or any resolutions of any General Meetings 44.7 To determine any matters under Thai law, these Articles of Association and/or these rules and regulations. 44.8 To have the final say whether the action made to personal property affects the structure or security of the building, common property or external appearance of the Condominium or whether construction affects the common property, or violates any Condominium rules and/or regulations 44.9 To convene a General Meeting of co-owners.
CHAPTER ELEVEN
The registered Condominium can be ceased and abolished by and for any of the following reasons: 45.1 Being voted unanimously by co-owners to be ceased and abolished 45.2 The Condominium is totally damaged and the co-owners resolve not to re-construct it 45.3 The Condominium is wholly expropriated by virtue of Thai law on immovable property expropriation.
Article 46 Each co-owner possesses the following proportion of ownership in the common property: Building Number - Floor Number - Condo Unit Number - Ratio of Ownership |
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