malcolminthemiddle

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.

Plenty of bachelors own condos in Thailand.

On 6/30/2023 at 9:01 AM, JimHuaHin said:

During my first couple of years in Thailand I saw Dr Niyom at Bumrungrad Skin Center, and he is very good.  However, one year he was away, and I saw Dr. Nicha instead, and she is excellent - takes pictures of any moles which maybe potential problems and checks the original pictures when I have my six-month follow-up check.   Cost is usually about Baht 2,000, without meds or treatments.  I have yet to find a competent skin cancer dermatologist in Hua Hin.

Dr.Niwat Skin Clinic Hua Hin?

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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.

3 hours ago, Dante99 said:

not required based on actual practice

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

2 hours ago, BobBKK said:

I disagree - go to the land office

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.

11 hours ago, Dante99 said:

Oh I know, I have been a party to replacing a developer with a JP.

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.

34 minutes ago, Dan O said:

Are all the lots sold? If so you can act as a group to request creation of the Juristic entity and only lot owners are involved to vote\action.

 

Not all plots must be sold to apply for a JP which as mentioned is limited to Section 70 without the Developers support. A JP application can be made after 51% of plots are sold. Pre-JP registration only Buyers have a vote.

 

If the developer is still a lot owner then they are entitled to a vote for each lot but nothing more.

 

The Developer gets a vote for each unsold plot as a member of the JP but only post-JP registration.

 

You would need to set up the regulations for the community to work by and include fee schedules for maintenance and operations. It would be wise to consult with a non interested party that has experience in this area as the accounting done properly has several aspects that need to be defined on setting appropriate fee structures and use parameters and accounting validation for the new Juristic entity to handle maintenance and repair, capital expense budgets and capital reserve plans for future requirements. You would also be wise in stipulating the scope of the Juristic entity, length of tenure and evaluation and review of Juristic actions 

 

Thanks for the advice. We are aware of the requirement, content and purpose of an Articles of Association. Thanks again.

7 minutes ago, Dante99 said:

But the law does not say that so why deal in fantasy.

You know that or just saying so?

31 minutes ago, Dante99 said:

No.

Owners can have done it on their own more than a few times in Chiang Mai.  Without developer support and in at least several cases with developer resistance.

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.

3 hours ago, Dante99 said:

Then you better get one set up.

Needs the Developer to take the first step.

Without the Developer support very difficult if at all possible.

14 minutes ago, JayClay said:

Such as?

Undefined or unquantified "Losses"

5 hours ago, Delight said:

There is no equivalent of the Condominium Act pertaining to  private gated communities.

 

There is condo act-only because the IMF insisted

The maintenance is typically managed by a private contractor.

In your case this contractor was the developer-maybe he still is if the site is still under development.

 

The owners of the properties simply pay . usually monthly.

If you know different -then please explain.

 

 

 

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?

32 minutes ago, scubascuba3 said:

Any unused maintenance fees should be accruing for lift replacement in 20 years along with other accrued expenses

It is a gated community not a condo

1 hour ago, BobBKK said:

The JP should handle this?  the elected JP not one appointed by the initial developer. The developer is no longer legally in charge - the JP IS.

There is no JP.

Thanks for answers. The Developer has acknowledged that there is a surplus of 800K spent on non-maintenance items it was not intended for. 

1 hour ago, VocalNeal said:

Could the "other purposes" be in anyway construed as maintenance ???? 

Possession is 9/10 of the law.

No. Maintenance is defined as security, gardening, collecting rubbish, cleaning roads, common utility bills. 9/10? Not if the law says it must be reimbursed or credited

1 hour ago, Henryford said:

What do you mean by "overpaid excess funds" ?

Surplus maintenance fees.

Our Developer argues by law the developer does not have to return any overpaid excess funds to the resident’s maintenance account or issue as credit to the residents. He is using this argument to spend maintenance fees for other purposes. Is this legal? A reference to any relevant section of the Consumer Protection Act or other legislation would be appreciated. Thanks in advance.

Will the Chang kegs fit the machine? Looks like the keg has its own tap.

5 minutes ago, gargamon said:

You really want Amazon recording all your conversations? Same with google and apple when you use their voice search capabilities on their phones. Maybe they'd appreciate all the moaning and sex noise though.

You know Amazon record all conversations or are you just saying that?