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Case Update - 28 February 2016
Siam City Law Offices Limited (SCL) advised the committee members of a luxury condominium in Bangkok in relation to the opposition and request for the revocation of a summons to the Extraordinary General Meeting (EGM), as well as resolutions passed in said EGM, in addition to the opposing of a wrongful appointment of the Committee members; and to refrain from registration of the new/additional committee members at the competent Land Office.
The reasons that the objections have been raised, among other issues, are: they relate to the tenor of the committee members in the committee; the number of votes cast by proxy were beyond the allowed votes; the incorrect vote count at the EGM; there were insufficient persons to form a quorum of the meeting; non-consent to the investigation of documents for attendance at the meeting and attendance by Proxy; summoning of the EGM was not in accordance with Section 42/3 of the Condominium Act; non-disclosure of the number of votes in relation to particular items on the agenda of the EGM, as this would affect the quorum of the EGM which, in turn, would affect the validity of the resolution passed at that EGM; and the validity of the summoning of the EGM itself may have been contrary to the provisions of the Condominium Act. In essence, the co-owners are requesting to revoke summoning of the EGM and all resolutions passed in the EGM.
These are significant and complex issues dealing with the provisos of the Condominium Act. The client is a prominent property company in Bangkok. This Condominium Act related opinion was rendered by our partner Khun Vira Kammee.
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