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Posts posted by stgrhe
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Well, as always there are many interesting replies. There is actually no obligation for a condo management to keep passport copies or, for that matter, report aliens staying in the condominium using the TM30 form. In a condominium that obligation belongs to the respective condo owner.
This is what the Immigration Act states on the subject matter.
"Section 38: The house–master, the owner or the possessor of the residence, or the hotel manager where the alien, receiving permission to stay temporary in the Kingdom has stayed, must notify the competent official of the Immigration Office located in the same area with that hours, dwelling place or hotel, within 24 hours from the time of arrival of the alien concerned. If there is no Immigration Office located in that area, the local police official for that area must be notified."
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HeavyHands,
You don't actually lease buildings in Thailand, it is the land one leases and if the building isn't leagally separated from the land, the land owner is regarded as the owner of the building too.
Leases do not require registration at the Land Office. However, leases longer than three years must be registered or eles they are regarded as three-year lease whatever the agreement says.
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A good chiropractor can always help against mis-aligned discs but NOT hearniated discs.
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Answers to your questions EricTh:
1. No, you don't need to sign a new usufruct with a new land owner.
2. I don't know from where you got the figure 1.5% from? If you are legally married to the land owner the registration fee is only 75 baht, and the same amount applies when it is cancelled. Perhaps your figure is based on a non-marriage registration. In any case, you pay for bot registration and cancellation.
3. No, you will not get a discount. Most common in Thailand is that the seller and the buyer split the transfer costs, but that is of course always negotiable.
4. There are no annual fees for either usufruct or lease-hold to be paid to the land office. Having said that, many Western developers who own land via proxy try to get their lease-holders to pay annuals fees to them, but that is simply rip-off and you end up paying twice. Don't fall for that trick.
I would recommend you to seriously consider a superficies instead of a usufruct, especially if you intend to registre the building in your name. A superficies has also other advantages over usufruct but, for some reason I don't know, it is much less common.
Good luck.
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The reason for your problem with torrent sites is that most of them have been blocked.
- Kickass is no more but instead there are a number of fake site using some sort of Kickass abbreviation
- IsoHunt has also closed down and also for this site there are a couple of phonies
- The Pirate Bay was closed down but works again, but it now puts extra load on your computer
- Lime Torrent is malfunctioning too
- YIFI / YTS is another that has closed although their subtitle downloads still work
- Torrent King was down for a few days but worked yesterday again
The best way to download torrents now is to go Russian, and RuTracker is the probably the best. There are several other Russian site but many of them reguire membership and as they use cyrillic alphabeth it isn't so easy. (rutracker.org)
On the Russian sites you will most likely end up with a video with Russian dialogue. For non-Russian films you will therefore have to look for videos with more than one audio and convert the file to preferred language. I use these free video converters
- Freemake
- Handbrake
- Any Video Converter
Each of the have their pluses and minuses, depending on personal preferences I suppose. However, Any Video Converter is technically the best as it has so many options. Handbrake is good but slow, and Freemake is fast but please pay attantion to the Chinese too as they try to download all sort of extras if you don't watch out.
Good luck!
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I think Mark Leoni, the owner of Holistic Health Systems is the mostreputable American Chiropractor in Thailand.
Mark is a chiropractor who has treated me and I say he is very good, and I have for over thirty years reguarily been treated by chiropractors.
For more info visit: http://thailandchiropractor.com/
Disclaimer. I am not related to Mark or have any other relations to him other than being a pation of his.
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1. Get the current yellow book cancelled and your name removed from the current address. You need to bring the house master and orignal blue book too.
2. Ask for a transfer document from the Khon Kaen office. With such a transfer document it is very easy to get a new yellow book at the new location.
3. In Bangkok show them the document you got from Khon Kaen together with your passport and they will issue a new yellow book right away. Bring photos too and the blue house book for the new address toghether with the house master, who must also sign for the new yellow book.
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First, you have some rights as there is a law called 'Comdominium Amendment Act' from 1999 that is still applicable. Running and maintaining of the building should be overseen by a Juristic person that should be separate from the developer. There should also be a board compricing of maximum nine members. The board-members should be appointed by members in a general meeting, a meeting that should be held once annually.
The responsibilities and rights of the board and the juristic person are regulated in the law.
The developer normally do not pay the sinking fond for unsold units but is responsible to pay the yearly maintenence fees for the same. This oblligation of the developer cannot be negotiated as it is law.
Find out who the board members are and read the attached law text.
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Apparently I know a lot more than you do.
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Just now, Hereinthailand said:
Yes thats the problem lots of money being spent and no plan whatsoever. Oh wait lol the plan is to make money.
You just do not know what you are talking about. The team behind the tramway construction is very serious and have a detailed long-term plan how to build a functioning public transport in Khon Kaen.
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The construction of the elevated tracks is not for the railway but for the Khon Kaen tramway that will be operating from the south bus station to Khon Kaen University.
The fonding of this project comes from a group of private investors known as Khon Kaen Think Tank. That group is also the one behind the air-conditioned buses. More a/c bus line will be added to link-up with the tramway once it is up and running.
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"7) After I get the deed I presume I am responsible for a few fees:
a) Maintenance Fees
Sink Fund?
c) Am I missing anything ?"
7a) Yes, you are responsible for the yearly maintenance fee, which should be paid in full at the end of the fiscal year.
7b) Yes, if it is a new build without previous owners. The sinking fund is only a one-time payment.
7c) Yes, you should carefully check the maintenance company to ensure that it is a solid company with good tracking record. Also, if it is an existing condo try to get in contact with one or more of the board members.
Good luck.
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OP, if weather is the problem it is a force majeur situation so the airlines have no obligations to compensate. If only travellers would read the conditions of travel properly they wouldn't need to complain about that.
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Question 1
I really don't know but if the property is in Bangkok Metropolitan Area, Citi Bank could perhaps lend you some money.
Question 2
It is incorrect that foreigner cannot own 'property' in Thailand. What we, in most circumstances, can't own is land. If you start up a legimitate business the best way is for the company to purchase the property. You can 'own' 49% of the company but you could nevertheless control the company by voting rights. A solicitor can explaing the details for you. The board must comprice a minimum of three members so choising the right Thai partners is paramont.
Question 3
In Thailand, everyting you acquire during marrige is common property so you and you wife would own 50% each despite who brings the cash. Anything acquired before marrige continue to be each person's property.
Good luck
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When one looks at the prices on new developments one would notice that the price for the property, land plus house (for Thais that is), is the same as 30 years lease on land plus house. I have never understood people that committ themselvs for such an investment. Common sense tells me that the price for leased land plus a house, should be considerably cheaper that compared to if the land is bought as freehold.
Furthermore, in many of those developments, particualry if the developer is a Westerner, the land isn't subdivided into separate plots. This means that anyone who has a leasehold right actually doesn't have the lease on "his piece of land", but a share of the common.
These factors should affect the value of a property with leasehold rights. If we take OP's example of a combined price of 4 million baht at lease half of the valuse shoud be accounted for the land. Over 30 years the calculated value of the lease right should be decresed with 1/30 per year of usage. Also, in Thailand the value of the dwellings are mostly depreciation as Thais prefer to buy new, and when buying existing property, demolish the house and build a new one.
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The first Goodfather followed by Cascablanca.
I am a WWII film collector and have over 1,900 titles in my collection; in that category I rate Das Boot (the short theatrical version) as number one.
One observation I have made regarding the IMDb ratings is that US produced films in general get too a high rating whereas non-English films are rated too law.
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sdultra
I can't help you with the morgage part. However, if you are planning to buy land and build a house in Bangkok Metropolitan area Citi Bank could perhaps give you one.
In Thailand everything you acquire being married, and you are married, is jointly owned. That is the law whatever others may have written, and this includes land, which means you own half of the value of the land.
Except for some very special circumstances, foreign nationals can not be registered as owner of the land. You can, however, get a possessory right on the land through either
1) land lease
2) usufruct
3) superficies
4) habitation
Because you are married to the intended 'land owner', i.e. you wife, you will not have the same protection but you can see these rights as an insurance, which would enable you to continue live on the property should your wife suddenly die.
You and your wife should, and this is important, sign your last will and testaments as soon as possible and before you acquire any property in Thailand. I will not go in to any details but recommend you seek advice from a Thai solicitor (lawyer). I recommend Issan Lawyers in Korat. They are very good and have reasonable rates.
Good luck!
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House registration yes, as the house (dwelling) can be owned by a foreigner. However, there is a specific procedure one must follow to legally separate the ownership of the dwelling from the ownership of the land.
Ownership of the land? No!
But a foreigner can get possessory right of the land through;
1) Land lease (actually land hire);
2) Usufruct;
3) Superficies; or
4) Habitation
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25 minutes ago, louse1953 said:
You can't make a will that breaks the law.The house should be willed to your children and they can let you live there,maybe.
This is not against the law but the law only permits a temparary ownership, which means that the land must be sold to a Thai whithin 12 months.
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5 hours ago, meatboy said:
not sure how it works with a child,but we had wills drawn up stipulating that if the wife was to pass away before me i STAY in the house.
i did see somewhere without a will the house must be sold in a certain time.
A will doesn't guarantee your stay on the land, which presumably is registered in your wife's name. If the will grants you the house and land, you will only be a temporary owner of the land and it must be sold to a Thai citizen within six to twelve months. Only blood-line heirs, e.g. a son or a daughter who have changed citizenship, may own the land despite being a foreigner.
You can protect your posessary right through a duly registered land-lease, usufruct, superficies right, or habitation right. I sugest a usufruct or a superficies.
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As usual there are many misunderstandings when it comes to questions of land ownership, lease etc. First, forenigers can actually own land in their own name, but only on two very unique circumstances, non of which normally is doable for the normal foreigner.
Land can never be leased, actually hired, for life. The maximum term is 30 years. There is a possibility for a one time extension, but only after the first term has expired.
Foreigners may have possesory right of land for life. The best option for someone who want to built a house on someone elses land, is to get a superficery right. The second best is a usufruct right and one could also get a habitation right. The most common is leasing, but that is actually the lease benefitial one, and also most expensive.
Anything else are in a grey zone, a zone which in fact is illegal and could be costly in the long run, except for the creative solicitor of course.
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4 hours ago, happyme said:
I have just rented land and went to the tessa Ban not sure spelling is right they told me you can rent the land for life so i had a contract drawn up this was agreed by the land owner and the tessa Ban did a house plan for me total cost for plan 3,000 bt once the house is built 80% I can go and register the house in my name and put the utilities in my name the staff were great giving me advise and so helpful
Tessaban has nothing to do with ownership of land, lease of land etc., it is the responsibilitly of the land office, which is a complete differernt government entity. Tessaban would handle the building permit.
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I have bought two second hand cars through Taladrod.
http://www.taladrod.com/w30/Home/
I registered them in my name and the only thing I needed was proof of an address in Thailand.
I would only buy a car that comes with its blue book and has a service book.
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These are the only rights of the Juristic Person
Section 36. The manager shall have the following powers and duties:
(1) To carry out the work according to the objectives under Section 33 or resolution of the Regulations or resolution of the joint-owners General Meeting, however it shall not be contradictory to the law.
(2) In the case of necessity and urgency, the Manager shall have the power by his own initiative to carry out the business for the safety of the building as a prudent person should do to his own property.
(3) Providing security operations or taking actions in maintaining peace and order within the condominium.
(4) Acting as a representative of the condominium corporate.
(5) Arranging to have a monthly Receipt and Expenditure Account prepared and post it on the Bulletin Board to inform the joint owners within fifteen days from the end of the month and that such relevant Announcement shall be posted at least for a consecutive period of fifteen days.
(6) Suing for compulsory performance from a joint owner for overdue payment of expenses under Section 18 in excess of six months and over.
(7) Other duties prescribed under Ministerial Regulation.
And these are the payment duties of the condominium owners:
Section 40. Joint-owners shall pay money to the juristic condominium for the carrying out of the business of juristic condominium as follows:
(1) Expenses of juristic condominium which the owner of each apartment shall pay in advance.
(2) Fund upon starting to do anything under the Regulations or under the resolution of the general meeting.
(3) Other monies for the carrying out of the resolution of the general meeting under the conditions prescribed by the general meeting.
Hence, according to Section 40 (3) ant change to the annual fee must be made through a General Meeting, whether that meeting is the annual meeting or an extra meeting.
Furthermore, the only extra payment the Juristic Person can initiate is for urgent matter related to the safety of the building.
To OP, tell you Juristic Office to read the condition of the Condominium Act. But first I suggest to talk to the Chaitman of the Committe (Board).
Landlord doesnot want to file TM 30 or give his docs so I can file. What to do?
in Thai Visas, Residency, and Work Permits
Posted
Actually, whether the landlord reports an alien tenant or not using the TM30 form is of no concern for the tenant. The tenant's reporting obligation is stipulated in Section 37.3 of the Immigration Act using form TM28.
" Section 37.3. Shall notify the police official of the local police station where such alien resides, within twenty–four hours from the time of arrival. In the case of change in residence in which new residence is not located the same area with the former police stations, such alien must notify the police official of the police station for that area within twenty–four hours from the time of arrival."