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CHAPTER ONE
Article 1
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.
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
of Association, who are elected by co-owners according to
Article 40 to carry out objectives set by co-owners, except
appointment of the first Condominium Committee for the registration
of the Condominium;
"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
Article 3
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.
Article 4
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.
Article 5
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.
Article 6
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
Objectives
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
Common Property
Article 8
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.
Article 9
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.
Article 10
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
Condominium Management and Administration
Article 11
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.
Article 12
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
Article 13
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.
Article 15
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
Article 16
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.
CHAPTER FIVE
Share of Common Expenses
Article 17
The Condominium Committee, on behalf of the co-owners, shall
set up a "condominium sinking fund" as a reserve
fund for future repairs, maintenance or purchases of additional
common property. Each co-owner shall pay in proportion to
his/her ownership, in the common property, at the rate of
Baht XX,000 per ownership. The Manager, on behalf of the Condominium
Committee, shall deposit the funds at a specified bank under
the name and account number of 'The Bangla Suites' bank account.
The Condominium Committee shall authorize the Manager and/or
the Condominium Committee members to withdraw money, when
necessary, on behalf of the co-owners
Article 18
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.
18.7 Co-owners shall jointly share the common expenses for
administration of the Condominium for the first year starting
from the condominium registration date at the rate of Baht
25 per square meter per month (twenty-five Baht). For each
of the following years, co-owners shall share the common expenses
according to the ratio of their ownership in the common property
or by a resolution passed within a Committee meeting and/or
a General Meeting.
18.8 While ownership is being transferred to co-owners, if
the condominium fees for common expenses collected from the
co-owners do not cover the actual administration expenses
of the condominium, Bangla Suites Company Limited shall be
responsible for the payment of the additional administration
expenses.
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.
18.10 Enforcement of the 'provisional clauses' (Clauses 18.8
to 18.9), shall come to an end one year from the condominium
registration date.
Article 19
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 .
Article 20
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.
Article 21
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.
Article 22
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.
Article 23
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.
Article 24
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
Use of Personal Property
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.
25.21 Co-owners or tenants shall use the condo units for
residential purposes only except Unit Nos. XXX, XXX and XXX.
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.
Article 26
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
Administration of the Common Property
Article 27
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.
Article 28
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.
CHAPTER EIGHT
Use of the Common Property
Article 29
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
General Meeting, Committee Meeting and Responsibilities of
Co-owners
Article 30
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.
Article 31
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.
Article 32
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.
Article 33
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.
Article 34
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.
Article 35
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.
Article 36
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
Article 37
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
Articles of Association or the Condominium Act (No. 3) B.E.
2542 (A.D. 1999) or resolutions of a General Meeting.
Article 38
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
Article 39
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
39.5 specifying activities that the Manager can assign someone
to act on his behalf
Article 40
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.
Article 41
Resolutions on the matters listed below, must be voted supportively
by not fewer than three fourths of
the total number of all co-owners' votes:
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
Article 42
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).
Article 43
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.
A re-constructed condo unit, according to the previous paragraph,
shall substitute the original condo unit and the original
ownership document shall be applicable to the newly renovated
condo unit. If any details in the ownership document vary
from the newly renovated condo unit, the officials concerned
have the authority to correct the documents accordingly.
CHAPTER TEN
Authorities and Responsibilities of the Condominium Committee
Article 44
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
Ceasing and Abolishing the Condominium
Article 45
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.
CHAPTER TWELVE
Ratio of Ownership in the Common Property Held by Each Co-Owner
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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