malcolminthemiddle

Are landed properties covered by the Hotel Act or only condos?

No equivalent of a sole trader in Thailand. Have to form a company. Been there, done that.

Thank you Delight for responding to my post. Apologies if my post was not clear. My interest is in landed property within a Moo Baan governed by the Land Allocation Act rather than a condominium and whether the expense of common services before the establishment of a JP is shared between the buyers and the developer while there are unsold plots, similar to a condo project.

Are developers required by law to pay common service fees on unsold plots in a development before a JP or put another way share the cost of common services?

The maid should still inherit the privately held assets?

Bank scams are at an epidemic level in Thailand.

Self-governance through a JP or other juristic entity is not that simple unless the Developer gives formal notice of its wish to be discharged from the legal responsibility to manage and administer the maintenance of the common facilities after the defects liability has expired and after the Land Department has issued a certificate of completion.

There is an epidemic of scam calls in Thailand. How can they be stopped?

This is an old topic but I have a Hitachi Water Pump WM-P400GX. The problem is the pump loses pressure and I am forever pressing the reset button. Do I need to replace the pressure switch? Thanks in advance.

My bank SCG suggested I sign an undated withdrawal form?

Plenty of bachelors own condos in Thailand.

Dr.Niwat Skin Clinic Hua Hin? Facebook

Synchronising the two major sets of traffic lights on Phetchkasem Rd would go a long way to alleviating through traffic.

Is the PEA 3 phase meter polyphase? I have a 3 phase supply but a single phase solar inverter. Am I losing any solar benefit? Thanks in advance.

Thanks to all that contributed to this topic. The conclusion is that subject to legal advice, Land Department accounting rules, Consumer Protection Act and the Buy and Sell Contract there is an argument that maintenance fees shall be spent only on their intended purpose and surplus maintenance fees paid pre-JP shall be rolled-over and included in the asset account and transferred to the JP at the time of hand-over. If anyone can provide a specific reference, the OP question remains open.

Did you forget to ask? Please see attached Sample 2 from Land Department Establishing Housing Development Legal Entity Manual.

As previously mentioned, there are only two options to apply for a JP. LDA Section 44 with the Developers support when the Developer is discharged from maintaining the common facilities at his request and Section 70 without the Developers support when the Developer fails to maintain.

Then you would know that maintenance fees are a part of the asset account to be handed over by the Developer to the JP before a JP can be registered.

You know that or just saying so?

The only option for the Owners to apply for a JP without the Developers support is Section 70 LDA in the case that the Developer fails to maintain, which is subjective.

Needs the Developer to take the first step. Without the Developer support very difficult if at all possible.

Undefined or unquantified "Losses"

The relevant legislation for a gated (licensed) community with more than 10 houses is the Land Development Act and sub-legislation. The Developer is responsible to maintain the common facilities in their original condition until he is discharged from that responsibility by transferring the common facilities to either a JP or local authority. Prior to discharge the Developer may charge an approved maintenance fee. I am looking for the legal argument that surplus maintenance fees are owned by the Buyers who pay the fee and not income for the Developer to be spent any way he wants. Thanks for all the responses so far. The surplus 800k is not in dispute the question is who owns the 800k?

It is a gated community not a condo