Chapter 1
General
1. These are the Articles called “The Articles of North Hua Hin Blue Lagoon Condominium Juristic Person” of the Condominium Juristic Person called “North Hua Hin Blue Lagoon Condominium Juristic Person” written in English as “North Hua Hin Blue Lagoon Juristic Person”
2. In these Articles
“Condominium Juristic Person” means “North Hua Hin Blue Lagoon Condominium Juristic Person”
“Manager” means “the Manager of North Hua Hin Blue Lagoon Condominium Juristic Person”
“Co-Owner” means owner and/or representative in the case a juristic person is an owner.
“Committee Controlling the Condominium Juristic Person” means persons according to Clause 34 of these Articles who are appointed by the Co-owners according to Clause 31 of these Articles to manage the Condominium Juristic Person according to the objectives of the Co-owners. This appointment shall not include the first appointment of the Committee in order to register the Condominium Juristic Person
“Condominium Unit” means a part of the condominium building the ownership of which can be specifically separated for each individual being part of the North Hua Hin Blue Lagoon Condominium which has a total area of condominium units equivalent to 8,028 square meters.
“Project Owner” means Grande Asset Development Public Company Limited.
3. Utilization of a condominium unit shall be in accordance with the objectives as prescribed in Chapter 6 Clause 21 as mentioned hereinafter:
4. These Articles shall apply to Co-owners including all of their servants or representatives from the date of registering the Condominium Juristic Person onward. Any amendment of these Articles shall be in accordance with a resolution of a general meeting held in accordance with the provisions of the Condominium Act B.E. 2522 and these Articles. Upon a resolution being duly passed, the Committee Controlling the Condominium Juristic Person shall assign the Manager to register the resolution with the competent officer of the Land Department and when the competent officer has registered such amendment, it shall be fully enforceable.
5. Unless otherwise described in these Articles, the provisions of the Condominium Act B.E. 2522 shall be the articles of the Condominium Juristic Person.
Chapter 2
Objectives
6. The Condominium Juristic Person has the objectives of managing and maintaining the common property of the condominium and has the power to do any act for the benefit of the Co-owners in using the building and using the common property pursuant to any resolution of the Co-owners in accordance with the provisions of these Articles of the North Hua Hin Blue Lagoon Condominium Juristic Person and the provisions of the Condominium Act B.E. 2522 such as:
6.1 to manage and maintain the infrastructure, collect money, appropriate money, and generate income for payment of the expenses including the payment of any taxes which may be levied on the common property by any government agencies;
6.2 to manage and proceed in any way for the safety and prevention of accidents in the building and on the common property including taking out an insurance policy with an insurance company;
6.3 to manage, maintain, and repair the common property of the condominium which presently exists or which may exist in the future, in a condition such that the
Co-owners of the condominium are able to use it at all times;
6.4 to contact and hire government bodies, state enterprises, companies, and third parties to manage, maintain and repair the common property of the condominium;
6.5 to defend, contend, claim or make a complaint, file a law suit and proceed with any case to maintain the right or any property for the mutual benefit of the Co-owners;
6.6 to undertake any other act pursuant to the Condominium Act for the benefit of the Co-owners in using their condominium units and using the common property of the condominium.
Chapter 3
Common Property
7. “Common Property” means every part of the condominium that is not a condominium unit or part of any individual’s property. The following property shall be deemed Common Property:
* The land on which the condominium is situated; Title Deed No. 6097, 62250;
* The land for common use or benefit;
* Bill boards, swimming pool, swimming pool’s engine room and garden at the lower floor, electrical room, pump room, television antenna system including wires and satellite dishes, lightening protection system, telephone wires system, sanitary system, 54 parking spaces, fire protection system and extinguisher, fire alarm system, smoke detector, fire alarm button, lighting system in common property areas, water supply system, water pump including water supply pipe, waste water treatment system, underground water tank, grease trap, common corridor, foyer in front of public stairway, fire escape stairway, decoration material for the floor, walls and ceilings in the common areas, safety rails in the common areas, water pipe, rain water drainage, air-vent-pipe, waste water pipe, waste water tubing, outdoor wall, air conditioners in the common areas, plant boxes, plant area in front of the building;
* The structure and the construction for the purpose of stability and for prevention of damage to the condominium body;
* Building or part of the building and equipment provided for common use or benefit;
* Public service area of the condominium;
* Other property for common use or benefit;
* Other property which is owned or held by the Condominium Juristic Person for the common benefit and use of the Co-owners;
* For common property being the swimming pool and swimming pool system, the Co-owners must give consent to any Co-owner or a person allowed to use a condominium unit of north Hua Hin Blue Lagoon Condominium Juristic Person and Co-owners of Hua Hin Blue Lagoon Villa to jointly use these facilities, provided that the usage complies with regulations for use of common property as prescribed in these Articles and/ or according with the resolutions of Co-owners and/or the Committee Controlling North Hua Hin Blue Lagoon Condominium Juristic Person .
(10) The expenses for maintaining the swimming pool and other equipment relating to maintenance of the swimming pool will be jointly paid by North Hua Hin Blue Lagoon Condominium Juristic Person at the rate of 1/3 of all related expenses.
8. The Co-owners are entitled to possess all of the Common Property, in order to defend with third person or claim for property for the benefit of all Co-owners. To defend a claim by or claim for property from a third person, the Manager of Condominium Juristic Person or the Committee Controlling the Management of the Condominium Juristic Person has the authority to conduct any business of the Condominium Juristic Person such as make a complaint, execution etc.
Chapter 4
Manager of the Condominium Juristic Person and
Management of Condominium
9. The Manager of the Condominium Juristic Person shall have the following powers and duties:
9.1 To manage of the common property, purchase and procure property including provide facilities for the Co-owners in the Condominium;
9.2 To do any acts for the benefit of management and maintenance of the common property;
9.3 To claim and collect monies for expenses incurred for the administration and maintenance of the common property;
9.4 To arrange and keep in order all documents in relation to any registers, books of account and other printed documents used for the operations of the Condominium Juristic Person;
9.5 To act in accordance with the resolutions of the Co-owners’ meetings and/or the Committee’s meeting. Such resolution must not contradict the regulations of the Condominium Juristic Person or the Condominium Act;
9.6 To supervise the use of the condominium units by the Co-owners and the exercise rights over the Common Property by the Co-owners and residents in accordance with the Condominium Act, these Articles, and the regulations of the Condominium Juristic Person in existence or to be stipulated in the future;
9.7 To act as representative of the Condominium Juristic Person by doing any acts on behalf of the Condominium Juristic Person under the Condominium Act, these Articles, regulations or resolutions of the Co-owners’ meetings including to demand for due payment, file a law suit, take legal action, execution or compromise under the resolution of the committee’s meeting and or a meeting of the Co-owners;
9.8 To convene committee meetings, and meetings of the Co-owners;
9.9 In case of urgent necessity, the Manager has the authority to take initiatives or measures for security of the condominium in the same manner as a prudent ordinary person would do to maintain and manage his/her own property; and
9.10 To have other powers as specified in the Condominium Act.
10. The Manager with the approval of the committee has the authority to prescribe rules and regulations of the Condominium Juristic Person for the benefit of the operation of the condominium in accordance with the objectives of the Condominium Juristic Person except in case of urgent necessity, in which case the Manager has the authority to prescribe the rules and regulation promptly which do not contradict these Articles or the Condominium Act.
11. The Manager shall serve in the position for a term of not more than 2 years through appointment as per a resolution as stated in these Articles and not contradiction with the Condominium Act. In case that there is no resolution to appoint a new Manager, the current Manager shall remain in his/her position. If the position of Manager becomes vacant before the end of the term, the chairperson or a person who is appointed by the committee shall take the position as a provisional Manager until the new Manager is elected. The retiring Manager can be re-appointed for another term. The appointment of the Manager as stated in the first paragraph is not applicable to the appointment of the first Manager for the purpose of registering the Condominium Juristic Person.
12. The term of the Manager or representative of the Manager shall be terminated in the following cases:
12.1 Death;
12.2 Being adjudged bankrupt by the court;
12.3 Being adjudged insane, incompetent or quasi-incompetent by the court;
12.4 Expiration of term;
12.5 Resignation by way of written letter to the chairperson or the committee; or
12.6 Being removed by a resolution of a general meeting of the Co-owners.
Chapter 5
Expenses of Co-owners
13. “Common Expense” means a fund that the Co-owners shall contribute as to their working capital for the management for improvement and maintenance or purchase of common property by collecting from the Co-owners in proportion to their ownership in the common property. The owner of each condominium unit shall pay such expense on the date of transfer of ownership from the project owner. For North Hua Hin Blue Lagoon Condominium the fund shall be collected in the amount of Baht 300 per each ownership percentage.
14. Each Co-owner shall pay for the following expenses
14.1 Expenses incurred from administration and maintenance of the common property such as salaries, printing material expenses, maintenance costs, utility costs, etc;
14.2 Expenses incurred from internal common administration of the Condominium Juristic Person including equipment used for the mutual benefit of the Co-owners;
14.3 Expenses incurred from using the Common Property as prescribed by the committee; and
14.4 Tax, premiums for all types of insurance and expenses in relation to maintenance and operation of the Common Property in this case in proportion to the ownership in the common property of each Co-owner.
As to the expenses in Clause 14, the Co-owners shall pay for the expenses in proportion to their respective ownership in the common property at the rate of Baht 40 per each ownership percentage. This rate may be changed in accordance with economic circumstances by the approval of the Committee Controlling the Condominium Juristic Person and/or the Co-owners’ meeting.
15. Each Co-owner or the person who uses a condominium unit shall pay for utility costs and personal service expenses such as water, etc. in the actual amount billed at the service rate fixed by the Condominium Juristic Person and/or the Co-owners’ meeting within 7 days from the date of being informed of the expense charge by the Condominium Juristic Person.
16. The Co-owners shall pay the expenses in Clause 14, 6 months in advance from the date of the Co-owners’ meeting and receipt of notice from the Condominium Juristic Person at the Condominium Juristic Person’s office. In case of late payment or if a cheque in favour of the Condominium Juristic Person is not honoured on presentation, the owner of the condominium unit shall pay a fine at the rate of 2% per month on the outstanding balance. Any fraction of 1 month shall be counted as 1 month. In case the outstanding balance is more than 3 months, the committee by the Manager of Condominium Juristic Person has the power to cease providing utility services for such unit such as water supply and other utilities The Co-owner waives the right to claim for any damages and the Co-owner shall be responsible for any expenses incurred from the cessation or installation of such equipment.
17. For the benefit of enforcing debt repayment resulting from expenses under Clauses 14, 15 and16, the Condominium Juristic Person shall have preferential rights as follows:
(1) the preferential right relating to expenses incurred from providing common services and expenses incurred from tools, instruments for mutual benefit shall have the same rank of preferential rights as those under Section 259 (1) of the Civil and Commercial Code and such preferential right shall be over the immovable property which is brought into the condominium unit by an owner of such condominium unit.
(2) the preferential right relating to tax, expenses relating to maintenance of the common property, shall have the same rank of preferential right as those under Section 273 (1) of the Civil and Commercial Code and shall be over private property of each owner of condominium unit. Regarding the preferential right under (2), if the Manager has submitted the list of debts to the officer, it shall have the rank of preferential right before mortgages.
18. In case of special, emergency, and/or urgent necessity to manage, maintain, repair for the benefit of the common property and of the majority of the Co-owners, or according to a resolution of a Co-owners’ meeting which is not in violation of these Articles or the Condominium Act and in case the Condominium Juristic Person must pay money in any special case, the Manager with the approval from the committee shall have the power to spend money from the fund set up especially for emergency or special cases or to spend money from a normal fund or to collect additional amounts for the fund in such special or urgent case.
19. The Manager with the approval from the committee shall procure insurance for fire and other risks for the common property of this condominium including risks resulting from other incidents. The Manager and the committee shall select to enter into an insurance contract with an insurance company which is reliable at an actual market value with the Condominium Juristic Person as the insured and the beneficiary on behalf of the Co-owners in order to use the proceeds of such insurance to repair damage to the condominium if it occurs as insured or to use the money for damage compensation. The cost of insurance shall be collected from the Co-owners in proportion to their ownership in the common property.
20. In case of occurrence of fire or other event, if the condominium is not destroyed the Co-owners shall immediately repair it and the Manager with the approval of the committee shall proceed to use money received from the insurance company or collected from the Co-owners, in case that the money received from the insurance company or sinking fund is insufficient to meet the repair costs. In case of total destruction of the condominium, the Co-owners shall hold a meeting to consider whether to construct a new condominium. In case that the meeting resolves to construct a new condominium, the Manager with the approval of the committee shall find a construction company to construct a new condominium by using money received from the insurance company or money received from the Co-owners and it shall be deemed as common expenses under the Condominium Act. In case that the meeting resolves that they will not construct a new condominium and the money received from the insurance company and the sinking fund is insufficient to construct a new condominium, it shall be deemed as dissolution of the condominium and the Manager with the approval of the committee shall request for a resolution from the meeting to dissolve the condominium. In case that the Condominium Juristic Person receives compensation from the insurance company and/or including from liquidation as per the Condominium Act, the Manager or the committee shall give the money to the Co-owners in proportion to their respective ownership in the common property . For the benefit of mutual living, it shall be deemed that all Co-owners agree to waive their right of recourse against each other. The Co-owners shall enter into an agreement to waive their right of recourse against each other with the Condominium Juristic Person and the insurance company prior to receiving ownership of a condominium unit.
Chapter 6
The Use of Private Property
21. The Co-owners and any person who is permitted or assigned by the Co-owners to use a condominium unit are entitled to use and manage his/her condominium unit which is under joint responsibility of the Co-owners and in accordance with the provisions of the following rules:
21.1 the owners of condominium units shall use their condominium units as prescribed in Chapter 1 and Chapter 6, Clause 21 of these Articles.
21.2 the Co-owners or the person who uses the condominium unit shall maintain the condominium unit as their private property in good condition and shall not do any act in using of condominium unit and common properties of Co-owner or to security system of the condominium which is harmful, creates trouble, is unsightly, impolite, annoying and disturbing to the peacefulness of the condominium.
21.3 it is prohibited to breed pets or bring pets into the condominium that will cause damage or create trouble to other unit owners. The owner or user of a condominium unit shall be responsible for any damage caused or shall take the pet away from the condominium promptly as determined by the committee.
21.4 The condominium unit shall be used for moral purposes and no excessive or loud noise shall be made in the condominium unit and common area.
21.5 Not to alter or remove the security system, fire protection system, television antenna system and/or other system commonly used except in the case of necessity, in which case only after, advance notification to the Manager and prior examination being made. Approval must be obtained from the Manager before proceeding.
21.6 Not to bring private property into the common property areas.
21.7 Not to break or change the floor, ceiling, or walls adjacent to a common area, balcony, back of the condominium unit’s wall and/ or side wall commonly used with other condominium units.
21.8 Not put up any sign or advertisement on any wall or outside balcony of the condominium unit and no drying of any clothes or placing anything on a banister, wall, or any part of the outside of the condominium unit or that can be seen outside the condominium.
21.9 Not to bring into or keep in the condominium unit or in the common areas any inflammable material, bombs, or chemicals which might cause any harm including any material or object which smells causing annoyance to other Co-owners.
21.10 No construction, alteration or addition to the balcony of any condominium unit including any installation of awnings, bars, or cured steel except if an approval is granted by a meeting of Co-owners.
21.11 Air conditioner compressors shall only be installed in the area and manner stipulated.
21.12 The Co-owner or user of a condominium unit who wishes to alter, repair or add any decoration shall submit a plan together with details to the Manager for examination before proceeding. The Manager shall grant a permit upon completion of examination and finding no affect to the construction, fire protection system and other utilities or there is no alteration to the outside condition of the condominium and/or no violation of the regulations of the Condominium Juristic Person. Prior to or during such alteration, repair or decoration by the Co-owners, the Co-owners or user of the condominium unit shall deposit guarantee money for any damages in the amount of not less than 30,000 Baht or in an amount fixed by the Condominium Juristic Person and shall comply with other rules and regulations which are announced by the Condominium Juristic Person.
21.13 Not to discard scraps of construction materials or decorations into the garbage hole or throw them away from the balcony of the condominium unit and/or leave them in the common areas.
21.14 In case a condominium unit is not occupied and there is a likelihood that there will be an object which will cause damage to common property or another condominium unit, the unit owner shall give consent to the Manager or an authorized officer to enter into the condominium unit to prevent and restrain such cause.
21.15 The Co-owner or user of a condominium unit shall allow the employees, officers of the management or technicians to check or repair in the case that common property or an adjoining condominium unit is affected or damaged resulting from material, or equipment within a condominium unit.
21.16 The Co-owner or the user of a condominium unit shall be held responsible for the expenses for any damage to Common Property, adjoining condominium units or the condominium units above or below, affected by their decoration, repair or alteration of any public utility system or damage arising from such condominium unit.
21.17 The Co-owner or user of a condominium unit shall not cook in the condominium unit by using a charcoal brazier or gas oven, the Co-owner can use only electrical cooking utensils.
21.18 The Co-owner or user of a condominium unit shall use the parking area only for parking and shall park only in the space fixed by the condominium.
21.19 If a Co-owner or the user does not comply with Clauses 24.1 to Clause 24.18, the committee or the general meeting by the Manager has the power to suspend the utility services such as water supply and forfeit the deposit or claim for damages and/or stop or cancel to operate or order demolition of any parts including to order to amend and restore into original condition at the Co-owner’s expenses.
22. The Co-owner or user of a condominium unit cannot decorate, add or alter the external appearance of the condominium without the approval of the Co-owners’ meeting.
Chapter 7
Administration of the Common Property
23. The Manager with the approval of the committee, is entitled to administer the Common Property and has the authority according to the regulations as prescribed in these Articles, including to issue provisional rules and regulations or additional rules in general, to arrange for security systems, to arrange security guards for checking persons entering or leaving the condominium, to manage other necessary things and to employ staff (in extra positions which exceed budget) to hire other operators, inclusive of fixing expenses for such conduct.
24. In the event that any part of the condominium is expropriated under the relevant laws of expropriation, the Co-owners of the expropriated condominium unit shall cease to have ownership in the common property remaining after expropriation. Upon such expropriation, the Manager with the approval from the committee shall arrange for each Co-owner, whose condominium unit has not been expropriated, to compensate the Co-owners who lose their said rights, according to the ratio of ownership that each remaining Co-owner had in the common property.
Chapter 8
The Use of Common Property
25. The Manager with the approval from the committee is the person who regulates the Co-owners or users of the condominium unit in their use of the common property according to the regulations as follows:
25.1 No Co-owner or any other person shall use the common property other than as stated in the regulations including method and period of use and other regulations as prescribed by the Manager. If the Co-owners or any other person permitted by the Co-owners does not comply with these regulations or incorrectly conducts themselves, the Manager is entitled to prohibit such Co-owner or other persons from using the common property until the aforesaid Co-owner or person complies with these regulations.
25.2 The guests of the Co-owners or other persons who enter the condominium are not allowed to use or enter any place which is not related to their purpose for entering into or using the condominium or residing in the condominium. In this case, the Manager has the authority to take appropriate action.
25.3 Except as prescribed in Clause 7 (8), no persons other than Co-owners are allowed to enter the condominium or to use the common property except with the permission from the Co-owners or the Manager or the authorized person of the Condominium Juristic Person. The Manager or the authorized person reserves the right not to allow entry to a person whose dress or conduct is indecent or who conduct themselves improperly or who violates these regulations or law. In such case, the Manager has absolute power to consider and prohibit such person from entering the condominium or using the common property including asking them to leave the condominium.
25.4 No person who has a serious contagious disease is allowed to use services in the Common Property.
25.5 With regard to the mentioned regulations the Manager with the approval from the committee shall have the power to prescribe any additional regulations from time to time as appropriate by announcing such new additional regulations to be complied with the Co-owners, dependants and other person.
25.6 If any Co-owner or their guests or authorized person does not comply with these Articles, the Condominium Juristic Person by the Manager, has the power to do any act as an injured person or as the representative of the injured person by using the regulations in Clause 2.19 to fine or introduce any appropriate measures against the Co-owners and their guests or the authorized person including following up such measures, including making a complaint, or claim against the Co-owners and their guests followers or the authorized person for compliance and/or compensation for damages.
Chapter 9
The Meeting, Co-owner’s Meeting and Authority and Duties of Co-owners
26. A meeting of all Co-owners called “General Meeting” shall be held within 4 months from the date of registration of the Condominium Juristic Person and the annual general meeting shall subsequently be held at least once per year; hereinafter referred to as “General Meeting” The notice of meeting shall be made in writing and shall be delivered to the address of all Co-owners at least 7 days in advance.
27. The general meeting and any extraordinary meeting can be called by the following persons:
27.1 the Manager of the Condominium Juristic Person; or
27.2 the Committee Controlling the Condominium Juristic Person; or
27.3 any extraordinary meeting must be summoned if a requisition to that effect is made in writing to the Manager and or the committee by Co-owners representing not less than 25% of all voting right. The requisition must specify the objective for which the meeting is required to be summoned. The Manager and the committee shall summon such meeting within 15 day from the date of requisition.
28. The quorum for a general meeting shall be persons attending the meeting representing not less than one-third of all votes.
29. A resolution of any general meeting shall be passed by a majority of votes of the Co-owners who attend the meeting unless provided otherwise by these Articles.
30. Each Co-owner shall be entitled to have the number of votes equal to their proportion of ownership in the common property. If one Co-owner has more than one half of the total number of all votes, the number of such votes of that particular Co-owner shall be reduced to equal to the total number of the votes of all other Co-owners combined.
31. The general meeting shall appoint the committee to control the management of the Condominium Juristic Person. The committee shall be comprised of not more than 9 persons. The appointment, term and removal from a position on the committee shall be in accordance with the resolution of a majority vote of a general meeting.
32. The committee shall specify the date, time and place for holding committee meetings.
33. The quorum for a meeting of the Committee shall be not less than one-half of all committee members. The meeting shall appoint one of the committee as the president of the Committee and as the chairman of the meeting. If the chairman cannot attend the meeting, the vice president or another member shall act as the chairman of the meeting. Any resolution of a committee meeting shall be passed by a majority vote of all members who attend the meeting, and each member shall have one vote.
34. The committee shall be appointed from the following:
34.1 The Co-owners or their spouses;
34.2 Legal representatives, guardians, curator in case that the Co-owner is a minor, incompetent or quasi-incompetent as the case may be;
34.3 Manager or representative in case that a juristic entity is a Co-owner.
35. The committee has the duty to control the management of the Condominium Juristic Person and the Manager is the person who has the duty and responsibility to act as prescribed in these Articles or according to the Condominium Act or as assigned by a resolution of a general meeting of the Co-owners.
36. In the event that these Articles require that only some of the Co-owners pay the expenses for some specific matter, only such Co-owners shall have the right to vote on the resolution involving the expenses in this regard. Each Co-owner shall have voting rights equivalent to the proportion of benefit they have in their condominium unit.
37. A Co-owner may vote by proxy provided the giving of such proxy is made in writing but one person cannot be appointed as a proxy by more than three owners. The Manager and Manager’s spouse are unable to be appointed as the Chairman of a Meeting or a proxy of a Co-owner.
38. A resolution on any of the following matters shall require more than one-half of the total number of votes of all Co-owners:
38.1 the permission for any Co-owner to undertake construction, that affects the common property or external appearance of the condominium as well as his own;
38.2 the appointment or removal of the Manager of the Condominium Juristic Person;
38.3 to specify an act which the Manager may assign to another person;
38.4 the construction or repair in case that the condominium or some part, being more than half of all condominium units is wholly or partially damaged.
In case that the Co-owners attending the meeting are not sufficient to have the required majority for a vote to pass a resolution as in Clauses 38.1, 38.2, 38.3 and 38.4 in the first paragraph a new meeting shall be held within 45 days from the date of the last meeting. In this new meeting, a resolution may be passed by the majority votes of persons who attend the meeting.
39. A resolution on any of the following matters shall require not less than three-quarters of the total number of votes of all Co-owners:
39.1 to amend or change the ratio of contribution to the common expenses under the regulations as prescribed by these Articles;
39.2 to buy or accept immovable property which is under encumbrance as Common Property;
39.3 to amend the Articles concerning usage or management of the common property;
39.4 to undertake construction resulting in changes, additions to or improvements, of the common property; or
39.5 to sell the common property which is immovable property.
40. The Manager with the approval of the committee shall be the authorized person to consider whether any act made to private property that affects the structure, and damage protection of the building or any other act as prescribed in these Articles; or any act of a Co-owner that affects the common property; or changes the external appearance of the condominium; or any construction that affects the common property; or any acts of a Co-owner or other person which violates and/or is in breach of these Articles or the condominium.
41. When there is damage to the condominium, action shall be taken in each event as follows:
41.1 In the event that the condominium sustains total or partial damage to an extent exceeding one half of the total number of condominium units, if the Co-owners pass a resolution with a majority of votes exceeding one half of the total number of votes by all the Co-owners, to reconstruct or repair such damaged part of the building to its former condition, reconstruct or repair such damage.
41.2 In the event the condominium sustains partial damage to an extent less than one half of the total number of condominium units, if the majority of the unit owners of the condominium whose condominium units sustained damage pass a resolution to reconstruct or repair such damaged part of the building to its former condition, reconstruct or repair such damage.
41.3 In the event the insured sum is insufficient or the insurance does not cover the cost of reconstruction or repair of the damaged part of the building, each Co-owner in the condominium shall share in proportion to the ownership each Co-owner has in the common property for the expenses of such reconstruction or repair. The expenses of reconstruction or repair of private property shall be the responsibility of the Co-owner of the condominium unit that is damaged. A new condominium unit that is constructed under Clauses 41.1 and 41.2 shall be deemed a replacement of the damaged condominium unit and the former unit title deed shall be the new unit title deed. If the detail in the former unit title deed is different from the newly constructed unit, the officer shall have the authority to amend it.
41.4 In the event of a resolution not to reconstruct or repair the damaged part of the building pursuant to Clause 41.1 or 41.2, the Co-owners who are the owners of the damaged or destroyed private property shall cease entirely to have any right to the common property. In the event that the insured sum is insufficient or the insurance does not cover such damage, the Condominium Juristic Person shall arrange to have the remaining Co-owners to jointly compensate the Co-owner who has lost the said right, in proportion to the ownership of each Co-owner.
41.5 The rights of the Co-owner whose condominium unit is not reconstructed or the damaged part is not repaired under Clause 41.4 who has received his/her compensation for the value of common property from the other Co-owners, to such private property shall be extinguished. The unit title deed shall be revoked and the Co-owner shall return it to the officer within 30 days from the date of receiving compensation for the common property.
Chapter 10
Authority and Duties of the Condominium Committee
42. The committee shall have the authority and duty as follows:
42.1 to issue the condominium’s rules and regulations in accordance with the law and these Articles of the Condominium Juristic Person;
42.2 to set up the policies for the Manager to follow;
42.3 to approve the Manager to act on behalf of the Condominium Juristic Person to contact with government agencies, States Enterprises, and/or third persons;
42.4 to approve the expenses incurred and the expenses exceeding the budget which are considered as necessary for the condominium;
42.5 to determine or make a decision on conflict occurring in the condominium and inform the general meeting in case that the resolution of the conflict requires a resolution of a general meeting;
42.6 to control and examine management of the Condominium Juristic Person by the Manager according to his authority and responsibility as prescribed in these Articles or laws or a resolution of the Co-owners;
42.7 to consider any other matters in accordance with the law and these Articles of the condominium;
42.8 to adjudicate whether any act made to private property that affects the structure, and damage protection of the building; or other acts as prescribed in these Articles or any act of a Co-owner that affects the common property or external appearance of the condominium; or any construction which results in alteration or improvement of the common property; or any act of a Co-owner or other person which violates the regulation or rules of the condominium;
42.9 The committee by majority vote has the power to summon a general meeting of the Co-owners.
Chapter 11
Dissolution of Condominium
43. The registered Condominium can be dissolved for any of the following reasons:
43.1 a unanimous resolution by a Co-owners meeting to dissolve;
43.2 the condominium is totally damaged and the Co-owners resolve not to re-construct it;
43.3 the condominium is wholly expropriated by virtue of any law on immovable property expropriation.
Chapter 12
The Proportion in Ownership of Common Property of Each Co-Owner
44. The proportionate ownership of the common property of each Co-owner shall be as prescribed in these Articles (Appendix A) which shall be an integral part of these Articles.
Chapter 13
Provisional
45. The appointment of the Manager of the Condominium Juristic Person as of the registration of Condominium Juristic Person according to the law relevant to the condominium, Mr. Jamong Singha shall be the Manager of the Condominium Juristic Person. His term shall be until the first general meeting of the Co-owners and he has the authority as prescribed in these Articles without having to have the Committee Control Management of the Condominium Juristic Person.
46. The Manager of the Condominium Juristic Person according to Clause 45 shall arrange for a meeting of Co-owners within 4 months from the date of registration of the Condominium Juristic Person. The Co-owner meeting shall appoint the Committee Control Management of the Condominium Juristic Person and the Manager to proceed with these Articles.
47. The Manager of the Condominium Juristic Person according to Clause 45 has the authority to do any acts including formulate the rules and regulations and employ employees as necessary in order to manage the Condominium Juristic Person.
48. The project owner shall pay for the expenses of management and maintenance of the common property to be managed in accordance with the objectives of the Condominium Juristic Person from the date of registration of the Condominium Juristic Person for a period of 4 months.
49. At the first general meeting of the Co-owners, the Manager shall arrange for ratification of any juristic act incurred and/or acceptance of any act done for the benefit of management of the Condominium Juristic Person prior to or after registration of the Condominium Juristic Person. In case it is necessary to amend any juristic act so that it becomes the act on behalf of the Condominium Juristic Person, the Manager shall arrange for such amendment accordingly.
Appendix A
Proportion in the Common Property of Each Co-owner
North Hua Hin Blue Lagoon Condominium
** Note: PDPA data has been removed from the online Bylaw version