How to Conduct a SGM to vote for Juristic Association

[kirkieb]

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

[KittenKong]

I know that some board members have done this in their villages so hopefully you will get some information from them.

 

Whilst the condo act sets out some fairly specific requirements and procedures for condos, I'm not aware that there is any real equivalent for villages.

[Delight]

23 hours ago, KittenKong said:

 

 

Whilst the condo act sets out some fairly specific requirements and procedures for condos, I'm not aware that there is any real equivalent for villages.

 

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?

Edited October 15, 2017 by Delight
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[meinphuket]

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.

[kirkieb]

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.

 

 

[kirkieb]

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.

[kirkieb]

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.

[topt]

On ‎17‎/‎10‎/‎2017 at 2:03 PM, kirkieb said:

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.

Can you not go to the Land Department and ask them as they will have to sign off on it?

[kirkieb]

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

Edited October 21, 2017 by kirkieb

[kirkieb]

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