kirkieb

My wife and I, like most have too much time on our hands and have for years volunteered with Foundations like Father Ray in Pattaya.  We have grown close to the kids there but think a Foster System for appropriate Foster Parents be more available.  We see the kids are in a better place than where they came but sometimes it seems more could be done with the right people.
Anyone know anything about Foster Care as we have looked at Adoption but its such a long process that the kids we have grown to care about are inelligible due to be Foundation Kids.  Seems all in the business of caring for kids dont want kids being fostered because of so much illegal action and trafficking which sadly puts all the kids with limited options.

I want to take them all home they such great kids.

Thoughts please

Problem is they sprayed all the venting aswell. So now Im looking at installing a solar Exhaust Fan for the Attic area .  Cheaper than retiling the roof as roof is in excellent condition just not ventilation

Have a Townhouse and after a little research realise the very stuff used to keep heat out is in fact been sprayed entirely over the under side of my roof.  All vents,have been sealed.

Just found out Tiles in Thailand are designed to allow ceiling heat to escape.  Why these clowns sprayed the entire Roof is beyond me. Having lived in Tropical Queensland most of my life know two things need insulation and need heat to escape. Insulation on roofs should be on the ceiling especially if the tiles are designed to allow air flow.  Alum foil or sisalation are great if the roof isnt designed to have air flow.

So How do you remove this stuff 

OR

Any ideas short of replacing the entire roof and starting again.

Stuff is like concrete 

16 hours ago, Crossy said:

A plus is that if the cops take it away then the owner can't really complain, I'm sure they will "store" it for him somewhere suitably damp.

 

Owner doesnt want it but too lazy to move it. Its a piece of *&^%$ so we are organisng Thai style to remove it as we should have done in the beginning

Have an abandoned vehicle in our Village that has been there for two years. Owner tracked down, Police asked to help but to date the Vehicle sits in the middle of our Village that isnt Juristic.

How do we remove this eyesore? Has no Brakes I think and cant start buts its an old possibly few ton truck

Anyone know a Tow Truck Driver happy to Tow away?

In Nongprue

Free to Good home

Not sure if this is accurate, the powers that be have recently started handing out Land Tax bills to several Villages in Chonburi.  I know this as I know people in both Villages.

The amounts in some cases even asked for Back dated, Not sure how a new act can be retro spected prior to its even being but I wouldnt believe it had I not seen myself.

Both Villages are above the standard and all properties are a min of 15 Million Baht approx.

The Bills I saw were between 15000 - 30000 baht per year.

Have searched relentlessly and cant find any reference to it being law so Im dubious as are most of the authenticity.

On a side note once one of the Villages was on the Land Office radar, they were expected to pay approx 15000 each house  (approx 500,000 Baht) to re survey the Village which had been established ten years or more ago and all signed off on.

On 17/10/2560 at 9:31 AM, meinphuket said:

Housing estates are not juristic entities, and cannot be converted into one. If, what you seek is influence, you can form a homeowners interest group.

Totally incorrect

This is what the Land Office have had us do so far but the information from them is limited as its still being established to define an action that is able to address the procedure as the long term is to make all Private Villages either Legal or become Public roads.

In the mean time we are proceeding along similar lines to the Condo Act

But locating Owners is very difficult due to Land Office dont have up to date and accurate Contact Details of owners.

Many properties are in Business Names with no address listed and many Thais have their names on their place of birth Household Book.

The Act states all owners of each property must be notified.  Now we are seeking to do a Hand delivery to each property, a registered mail delivery and hire a mobile broadcats vehicle to patrol the Village to advertise the events.

As a side note the land Tax on vacant properties is being investigated to reduce abandoned and derelict properties that could be a huge win fall for the Government in providing better funding for local Municipalities  and public property maintenance such as roads and infrastructure. 

Several Villages in Jomtien and Pattaya have had a bill handed to them recently for payment of Land Taxes and some have been rumoured to been ask to pay back taxes.

Most I know have never paid taxes on their land but its happening 

It could also allow Villages with such properties to get back the value of their village by better occupancy, maintained properties to a higher standard etc.

The outline so far has the owner being forced to pay higher Taxes if its not the Principle Place of Residence and if its for Business then an even higher amount will be imposed annually. 12% has been mentione a few time of the Rentable Value per Annum the Government deems fit. How long is a piece of rope.

Having a Private Village will allow Juristic Associations to enforce fee payment, and code of coduct on behaviour and dogs etc.  Its still unclear how the new Rules will be applied when paying Village Fees and being forced to Pay Land Taxes but I can assure you there are discussions on all of this happening.

There is even discussions in the Government where after a short period of time ie. three months a property can be seized or Interest be applied or a Lean placed on the Chanute to prevent being sold or used as an assett to borrow

So lots of reasons and much more discussion needed

4 hours ago, meinphuket said:

Housing estates are not juristic entities, and cannot be converted into one. If, what you seek is influence, you can form a homeowners interest group.

Correct and the Home Owners Group is now being accepted as a Juristic Association once it is registered and Constitution and Village Rules Established by Owners.

Basically operating as a Non Profit Association which has its own benefits such as Tax exemptions for one.

 The Laws just havent yet been printed for Public but most good Lawyers are aware of it .  Some notice even how Immigration now asks if you are involved in a Juristic capacity.

On 15/10/2560 at 5:50 PM, Delight said:

 

KittenKong is correct. There is no equivalent to the Condo act for a  'walled' estate.

 

The primary benefit of a Juristic Person is to  act as  a shield against external creditorsi.e Limited Liability

 

 

What,exactly, do you think that you will gain by aquiring such status?

Not accurate sorry, Juristic is a lot more than liability limited or not. Anyone operating a Village without either the Developer or a Juristic Association that is fully legitamised is operating illegally and that means there is no"Sinking Fund" There is a reason you can pick any Soi in Pattaya with Private Villages and see the ones that are Juristic and those that are not.  For one the Juristic Ones tend to be well maintained, almost 100% occupancy and everyone enjoys being in a pleasant place to retreat after negotiating them mayhem outside the Gate.  SP6 I think is a good example near Maprachan.  Real Estate prices increasing there cant see too many other older villages make that claim.

All Villages in Thailand must have a Juristic Association which then is the Juristic Person the (Elected Committee) Several can be the Entity (Juristic)

To employ Security, gardeners etc in Thailand in what has been deemed by Land Office as a Private Village then either Developer or a Juristic Entity (Association in Village Case of all Owners) can only employ such people on behalf of the Village.

To have a legitimate Bank Account in the Village Name only the Developer or the Assc.

If you dont have a Juristic then it is illegal to close the streets and prevent access and the Village if Developer signs off then the Village must become a Juristic Association or be handed back to the Municipality Once the Builders License has been signed off

A Juristic Association for Villages is similar to the Condo Act and there are plenty of documents available from the Land Office.

IF a Village has no Juristic then all Common Land , enforcement of Village Fees etc are all illegal. Thai Land Act. 

Juristic Association must be Accountable and to be audited annually,  have a Constitution and Village Rules established all like Condo Act.

A Juristic Association can then enforce non payment of fees, take loans to repair Common Land amenities such as pools etc.

A Juristic in Plain language for a Gated Villages ensures an authority elected by all Owners to operate and preserve the integrity of a Village. Pay Utilities and maintane the Amenities.

Weve been at this for nearly three years so I have a little knowledge on it.  I just cant find a Procedure on paper or from any of our Legal team as to what steps to take to operate a Special General Meeting to Establish the Association.

Hi all have many bits of information on this including the Land Act but has anyone recently conducted a Meeting of Co owners to vote on becoming Juristic Association?

If so any advise please, we ve been trying for 20yrs and our meeting is in the new year.

Cheers

Hi all trying to get details for the following

1. How must a Village looking to become Juristic try and locate owners of the Village?

2.  How do you get the details of people such as Names, Address, Contact Details when the Chanutes give very little information.

3. Is there a agency that for a fee will supply in our case details of 160 Owners?

2.5yrs into this and its not any easier yet.

Putting the feelers out on any groups who like to Jam with like minded Muso's and not attract any allegations of working.  In basic for fun.

Been in Pattaya for 5 years and The Venue has been hit hard by the new Road works and at least gave some people to do a song or two without too much of getting into trouble for working.

Any thoughts?

Where to certify documents

Certified copies are copies authorised or stamped as being true copies of originals, by a person or agency recognised by the laws of the person’s home country. All personal documents such as Birth Certificates, Marriage Certificates, Household Registration Book, Educational Qualifications, etc. must be certified by the relevant local district office as follow

Australian Visa Application Centre: Service Deliver Partner VFS Global.

Or

The Consular Section of the Department of Foreign Affairs and Trade at the Australian Embassy in Bangkok can witness and authenticate signatures and provide certain other notarial services (fees apply for these services). (NO MENTION OF BEING ABLE TO PROVE AUTHENTICITY TO DOCUMENTS)

PLease note I have only recently done my retirement Visa and Even Though I asked them why they cant authenticate a letter from my Military Pension (Aus Government) If it was sent thru internal channels to them.  Their response was they dont have access to other Australian Government Agencies.

In Australia, copies may be certified by a Justice of the Peace, Commissioner for Declarations, or person before whom a statutory declaration may be made under the Statutory Declarations Act 1959.

Please note: Photocopies of certified copies are NOT acceptable.

Signing a Stat Dec is as mentioned by mamborobert a witnessing a signature.

The Stat Dec does not require you to say how much you earn.

It only needs to say I do solemnly swear that I satisfy all the requirements to obtain a Retirement Visa in accordance with Thailand Immigration Guidelines and requirements.

The rest is not the Role of a Notary

Hi all I make jewellery and other stuff and am seeking spent 50 , 30 and even 7.62 Cal cartridges.

Must be full brass and want quantities not individual cartridges. Anyone know where I can get some?

Good advise Blackcab, we have been dealing with top guy this year after last years top guy was relocated or retired. In the beginning top guy was very enthusiastic to assist but as we progressed through the requirements we received less and less response.  Will suggest your idea to our lawyer am first to believe in using the system we have and have followed it to the letter so far.  Will see where this goes cheers

Good advise Blackcab, we have been dealing with top guy this year after last years top guy was relocated or retired. In the beginning top guy was very enthusiastic to assist but as we progressed through the requirements we received less and less response.  Will suggest your idea to our lawyer am first to believe in using the system we have and have followed it to the letter so far.  Will see where this goes cheers

I love Thailand and have made it my home. I live in a Village that has been thwarted by a unscrupulous Developer that has dragged out the process of Transferring the Village to the Owners for more than 18 years.  This Developer has not only failed to assist in maintenance but has sold property believed to be Common Land including the Clubhouse and Swimming Pool forcing the Village to spend 100's of thousands of baht fighting for Servitude Rights.

Recently our Village obtained the Services of a Lawyer who has worked tirelessly to help our Village achieve something that has never happened in our history.  A Majority Vote in favour of Forming our own "Juristic Association" (Home Owners Group) in accordance with Thai Law.

Our Village has over 70% Thai Nationals owning property in our 161 property Village.

We all followed the Land Office Guidelines for the passed 12 months and now we have hit a snag that has repeated itself several times over the Village History.

That problem is the land Office now refuse to assist us any further and have claimed we are too hard to fix.

My question is this
'How does a Government Department, a role they claim on their web site to be

Powers and Duties of Department of Lands are as follows:

1. 1. Performing duties under the Land Code and Laws on Land Development, Condominium, Private Surveyor and Hiring of Immovable Property for Commercial and Industry Purpose and other related Laws.
   2. Performing duties in connection with legal affairs aspect under the Land Code and Laws on Land development, Condominium, Private Surveyor and Hiring of Immovable Property for Commercial and Industry Purpose and other related Laws.
   3. Formulating and coordinating Department of Lands’ plan in accordance with the government and ministry policies. Supervising, accelerating, monitoring and evaluating the performance of the affiliated bureaus, divisions and land offices within the Department and also implementing in the area of statistic, data processing and analyzing and evaluating any situation which related to Department of Lands functions.
   4. Developing systems, patterns and procedures concerned with land administration according to principles and procedures of Good Governance Programme.
   5. Managing land information system.
   6. Performing other activities which are duties of Department of Lands as prescribed by law or designated by Minister or Cabinet.

 Advise our legal representative that they are not willing to help in the transfer of the Village to the Owners because its too hard.  Also refusing to provide any documentation to support this to us.

Is the Big C involved again or is there something more sinister happening.

Love input from everyone as I am at my wits end trying to understand how an unscrupulous Developer who by all accounts can continue to trade with so many legitimate claims against them for breaches of contracts.

This Developer knows its a criminal offence not to supply a Sinking Fund and this same Developer has used those funds for various other projects and all with the knowledge of the Government Department who we have provided records to investigate.
Initially we were given support but now as the screws start to turn the pressure on Officials seems more important than the Mandate of the Office.

Having re read S1400 again it seems a little clearer. Is there a guide or schedule in the Code on where levels of compensation can be referenced

Section 1393. Unless otherwise provided in the act creating it, a servitude follows the dominant property when the latter is disposed of or made subject to other rights.

A servitude cannot be disposed of or made subject to other rights apart from the dominant property.

Seems to reflect the answer is No. ?

Cheers Ballbreaker

Not clear after reading if it can be relinquished for a fee seems a little grey

If Servitude is awarded in the Courts to a Village can it be relinquished for a fee if appropriate.

Situation has a third party owning property that was never included as Common Land and yet many years of using has provided that land the right to Servitude.

Can it be relinquished

Is there any laws outlining this?

What sort of compensation could someone expect to pay the owners with servitude rights by the owner who cant sell the property unless they do relinquish servitude.?

Any thoughts and facts would be greatly appreciated.

have some interesting points so far. The problem is the Common Land is all in Developers Name, The Pool and Clubhouse were sold to a private owner who we are still fighting after already winning Servitude years ago. Thai Law Protects third parties so we cant touch him but he can certainly try and get the property back by appealing in court. The Developer was interested in transferring the Village including the Utilities until he found out we knew all Villages must have a Sinking Fund. He has by all reports used that money and if its not where its supposed to be it becomes criminal activity with many years Jail. Since then he has done nothing to help.

The Village is 17 years old and this has been dragging on all these years and in the meantime has become run down and in bad need of some repairs.

Any suggestions anyone