Condominium Juristic Management
By: Magna Carta Law Office
The condominium Juristic Person, by its committee and manager, assumes responsibilities for taking care of communal facilities such as communal swimming pool, garden area, and other shared parts of the condominium project in order to maintain order and cleanliness throughout the condominium for the benefit of all the residents and co-owners.
The appointment of the Manager shall be in accordance with the resolution of the Joint Owners General Meeting. The appointed Manager shall bring the proof of appointment or Employment Agreement to the competent official for registration within thirty days from the date on which the Joint Owners General Meeting has passed the resolution.
The Manager shall have the following powers and duties:
- Carry out the work consistent with the objectives; to manage and maintain the common property with the power to take whatever action to achieve the said objectives; or resolution of the Joint Owners General Meeting, without contradicting the law
- In the case of necessity and urgency, use his/her own initiative to act for the safety of the building in a manner a prudent person should do to his/her own property
- Provide security operations or take actions to maintain peace and order within the condominium
- Serve as representative of the Juristic Condominium
- Arrange to have a monthly Income and Expenditure Account prepared and post it on the Bulletin Board to inform the Joint Owners within 15 days from the end of the month and for at least 15 consecutive days.
- Sue delinquent Joint Owners for more than six months overdue payment of expenses on tax and duty according to the ratio of their freehold in common property
- Perform other duties prescribed under Ministerial Regulation
There shall be a Condominium Corporate Committee consisting of members of not less than three persons but not exceeding nine persons appointed by the Joint Owners General Meeting. The Manager shall facilitate the registration of such appointments with the competent official within thirty days from the date on which the Joint Owners General Meeting has passed a resolution. The members shall hold office for two years each term. A member vacating office may be re-appointed but shall not be eligible to hold office in excess of two consecutive terms unless no other person can be found to succeed him/her
The Committee shall have the power and duty to monitor control over the management of the condominium juristic person and appoint a member to assume duties of the Manager in the case where there is no Manager or the Manager is unable to perform normal duties in excess of 7 days.
The Committee shall arrange to have the Committee Meeting convened at least once every 6 months and the Ordinary General Meeting convened once a year within one hundred and twenty days from the last day of the accounting period to approve the annual report and the balance sheet, appoint an auditor, and discuss other important matters.