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pipeflaw

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Posts posted by pipeflaw

  1. Had the same problem and, because I had custom teak furniture made for the unit based on the floor plans provided by the developer, my dining room table and chairs would not fit.  Turned out that only one unit in the project had the same interior space (including the deck) as promised in the purchase contracts.  The discrepancies varied from 5% short to 14% short.  The developer refused to refund any money and tried to set up bogus defenses.  The buyers (including myself) had to file individual claims against the developer and could not join the lawsuit filed by the HOA against the developer for construction defects. 

     

    The court ordered mediation with a law professor during which we learned that before the Land Office would register the project it required laser shootings of each unit by its own people and those correct measurements were incorporated into the registration.  The mediator sided with the owners and, later, so did the judge.  The developers agreed to a structured settlement which included a 10% down payment and quarterly payments thereafter, with accrued interest.  The developer defaulted by making no further payments and we are chasing them for collection.

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  2. If the condo is registered with the Land Office then all deeds/chanotes have been issued and every owner, including the units the developer has title to, have to pay maintenance fees on their units.  When the developer has not paid MF for 6 months or more, the developer loses the right to vote at meetings.  I have already litigated this. 

     

    The real owners have to band together and call for a meeting.  Read your condo regulations and figure out what % you need to call a meeting and what constitutes a quorum.

  3. 4 hours ago, wwest5829 said:

    Not focused on this subject only but I reject the idea that the USA can claim extraterritorial jurisdiction over its citizens' worldwide. I look forward to Russia an/or China claiming the same rights over their citizens on US soil. Somehow I think the US government would find they would not agree...

    As long as the proper "connection" or nexus to the USA is established acts wholly committed outside the USA, US citizens can be prosecuted in the USA.  The US Foreign Corrupt Practices Act (FCPA) is a perfect example.  The FCPA prohibits a company from corruptly offering or paying money or offering or giving anything of value, directly or indirectly through agents or intermediaries, to a foreign official to obtain or retain business.  To come within the jurisdiction of the FCPA, all that is required for liability is that some conduct occur in the US that facilitates

    or carries forward the prohibited activity, such as use of the US mail or wiring money into or out of the US.  Even non-US citizens can be prosecuted in the USA.

  4. Three weeks ago I was bitten (deep, a lot of blood drawn) by a stray on my street while riding my moto.  All people deny ownership and I had to pay for the full shot regime of vaccine. The dog continues to try and bite me every time I pass on my moto.  The local police are uninterested.  Who can I report this to so the dog can be removed?

  5. I am aware of beachfront units in Na Jomtien, away from the bars and noise, that can be rented in your price range with 1 bedroom, from 45-65 square meters.  Contact me for more info.  I'm not an agent and I seek no commission.

  6. Have your wife go to Phnom Penh and open an account at a bank (she will need a 6 month visa to do so which will take a couple of days to get with an agent-don't try to do it yourself). If the money is still in USD, leave it in USD.  If it is in baht, try to get the Thai bank to change it to USD.  If they won't change it, then leave it.  Check out exchange rates before all currency exchanges.  After she has all necessary paperwork and gets her visa, she goes to PP, gets her 6 month visa, and opens the Cambo bank account.  I would suggest using Advance Bank of Asia Ltd (ABA Bank) it is privately owned and solid.  She should open an account in USD and which allows easy transferability of funds.  She should take some additional funds with her so that after the transfer she has at least USD500 left in the account after she sends the money back.  She should send the money into a new joint account you and her have at a different Thai bank than used before.  Then both of you can be on the chanote for the condo to be purchased, assuming it is foreign quota.

  7. Before you get to the negotiations you need to find out how strong condo management is (not the management company, the Committee/BOD) and who controls the voting at annual meetings.  If a developer has retained units or not been able to sell them it's interests are quite often different than long-term owners and, if they control voting, and, hence, the manager, then you might find money spent on things that only benefit the developer.

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