Condo housing code

[nasanews]

My next condo is owned by a farang who rents it to his staff in his company as explained by my condo management, I'm sick of people coming for a week or two or a month and so on, I want to know if I can do something about it!

Is it legal for my neighboring condo to have his staff reside in? Where do I start and to whom I should complain not to forget that my condo supervisor is a <deleted>.

[Langsuan Man]

That is why people own condos and not apartments, so they can rent them out 

 

You really don't have much of a case since it is not being run like a hotel,  overnight operation,  but as a rental:

 

7 hours ago, nasanews said:

I'm sick of people coming for a week or two or a month and so on,

If you have noise complaints then you might be able to complain to the management, but just because someone is using their property for temporary housing doesn't rise to the level of a nuisance 

[NancyL]

Talk to the condo management committee to see if this violates any of the rules of ownership.  

 

Probably not.  Some of the condos in our building are owned by businesses and NGOs that use them for temporary housing for employees or volunteers.

 

Don't really see the problem with this.  

[trogers]

Get the building management to write to the company to encode a list of dos and don'ts for their staff staying in the company's dorm.

[KittenKong]

2 hours ago, Langsuan Man said:

That is why people own condos and not apartments, so they can rent them out 

 

?  I own a condo to live in. Many other people I know do the same.

 

 

2 hours ago, Langsuan Man said:

You really don't have much of a case since it is not being run like a hotel,  overnight operation,  but as a rental:

 

Rentals of less than 30 days are not legal unless the person doing so has a hotel licence or is registered under the hotel act. Both are very unlikely.

 

However, getting the law applied may be almost impossible without the assistance and support of the building management and committee, and they are more than likely to be tacitly in cahoots with the co-owner doing the short term rentals.

[Cyclone88]

Get a life.

Live and let live. 

 

[hawker9000]

So you bought this condo on the assumption that all the units there would always be owner-occupied?   Are you serious?   Please tell me you're not thinking of trying to drop a dime on some of these owners who're renting out.   Esp. locals.   Unless you like flying...

 

 

[KittenKong]

36 minutes ago, Cyclone88 said:

Get a life.

Live and let live.

 

Why? Noisy transient people are a pain in the backside in a residential building and should be banished.

 

Transients belong in hotels and apartments, not in condos. Condos are for long-term living.

[wirat69]

5 minutes ago, KittenKong said:

 

Why? Noisy transient people are a pain in the backside in a residential building and should be banished.

 

Transients belong in hotels and apartments, not in condos. Condos are for long-term living.

Ummm.... at my central Bangkok condo, it is the owner occupiers who make the most noise... or the buildings neighbours letting off crackers at midnight....

 

Don't know where you get the concept that condos are for long term living..... but I rent out 5 condos in the greater Bangkok area, all to local Thai workers who generally rent for a year or more.... one has been rented to the same tenant for 6 or 7 years ..... all without problems (except once when the Drug Police took care of the problem)

 

Don't know of any law or reason why a condo has to be owner occupied......

[jippytum]

it is unlawful for a condo unit to be rented or occupied by other than the  registered owner or spouse for a period of less than 30 days.Plenty of info on google

[gandalf12]

1 hour ago, KittenKong said:

 

Why? Noisy transient people are a pain in the backside in a residential building and should be banished.

 

Transients belong in hotels and apartments, not in condos. Condos are for long-term living.

I would suggest you adopt a more open attitude. If they are keeping you awake every night then complain to the management otherwise let them be. Maybe they don't like you being next to them ever thought of that?

Edited November 11, 2017 by gandalf12

[bkkdriller]

Renting out condo units on a short-term basis (anything less than a one-month period) is not permitted by the law (Hotel Act).  

Section 59 of the Hotel Act B.E. 2547 states that offenders shall be liable to imprisonment not exceeding one year and/or a fine not exceeding 20 000 baht. An additional fine not exceeding 10 000 baht throughout the period of violation can also be imposed.

 

Your JPM (juristic person manager) should know this and should take action on your behalf.

 

[KittenKong]

2 hours ago, wirat69 said:

Ummm.... at my central Bangkok condo, it is the owner occupiers who make the most noise... or the buildings neighbours letting off crackers at midnight....

 

Well, sounds like you have some unusual owners in your building. That certainly isnt the case in mine.

 

 

2 hours ago, wirat69 said:

Don't know where you get the concept that condos are for long term living..... but I rent out 5 condos in the greater Bangkok area, all to local Thai workers who generally rent for a year or more.... one has been rented to the same tenant for 6 or 7 years ..... all without problems (except once when the Drug Police took care of the problem)

 

But that's exactly what I'm saying. Your tenants are living there long-term. They are not transients.

[KittenKong]

44 minutes ago, gandalf12 said:

I would suggest you adopt a more open attitude. If they are keeping you awake every night then complain to the management otherwise let them be. Maybe they don't like you being next to them ever thought of that?

 

Why should anyone tolerate people who make a noise? They should behave better or move to a zoo.

 

And what could anyone possibly not like about living near me? I make no noise, I have no visitors, I dont smell or leave crap on the hallways, I dont leave my doors open all the time, I dont go in and out at strange hours .....
In fact no one would even know that I'm in the building unless they saw my lights on.

[Jonnapat]

Daftest post I've reàd for a while.

[AJBangkok]

1 hour ago, bkkdriller said:

Renting out condo units on a short-term basis (anything less than a one-month period) is not permitted by the law (Hotel Act).  

Section 59 of the Hotel Act B.E. 2547 states that offenders shall be liable to imprisonment not exceeding one year and/or a fine not exceeding 20 000 baht. An additional fine not exceeding 10 000 baht throughout the period of violation can also be imposed.

 

Your JPM (juristic person manager) should know this and should take action on your behalf.

 

Did a lawyer tell you that or is just something you read on the internet. 

 

Unless you own more that 4 condos in the building and are renting them all out for less than 1 month periods then the hotel act does not apply. 

 

The only thing that can actually stop you renting out on a short term basis is if the majority of the condo owners vote to disallow short term rentals for less than 1 month at an AGM or EGM and it is subsequently included in the condominium rules or bylaws.

 

Hotel Act

The Hotel Act (2008) requires any place that provides accommodation for less than a period of one month in exchange for payment is defined as a “Hotel”, regulated by the Hotel Act, and requires a hotel license.

There is a limited exception to this. A license is not required if:

1) the said place has less than five rooms; and

2) cannot accommodate over 20 guests at a time; and

3) the income being earned for such is merely “additional income”.

[KittenKong]

36 minutes ago, AJBangkok said:

Hotel Act

The Hotel Act (2008) requires any place that provides accommodation for less than a period of one month in exchange for payment is defined as a “Hotel”, regulated by the Hotel Act, and requires a hotel license.

There is a limited exception to this. A license is not required if:

1) the said place has less than five rooms; and

2) cannot accommodate over 20 guests at a time; and

3) the income being earned for such is merely “additional income”.

 

Do you know many condo buildings that have less than five units? I dont.

 

Most condo building can accommodate more than 20 persons.

 

Most people I know who do short-term rentals do so as their main source of income. And for any company-owned unit it would almost certainly be the only source of income.

Edited November 11, 2017 by KittenKong

[scubascuba3]

If you'd rented rather than bought this wouldn't be problem. Is this comment helpful?

[boonchu]

What if the owner is not charging his staff or friends, merely letting them stay free for a short time?

[AJBangkok]

40 minutes ago, KittenKong said:

 

Do you know many condo buildings that have less than five units? I dont.

 

Most condo building can accommodate more than 20 persons.

 

Most people I know who do short-term rentals do so as their main source of income. And for any company-owned unit it would almost certainly be the only source of income.

Place is defined by ownership. Each condo has a separate Chanote.

 

BTW if it was as clear cut why hasn’t anyone ever been taken to court over an AirBnb or similar rental and lost. Why hasn’t anyone been fined. If the hotelier association thought they could win then they’d really really push for this. Unfortunately they just make a lot of noise and then some Provence’s like Phuket the governor or some official throws a sound  bite out to the press but no one is fined and no one goes to court. Why is that.

 

Frankly the law is open to interpretation and for whatever reason all vested players seem to be willing to leave it that way.

 

Under the condominium act it’s not illegal but the co owners of the building have the right to set their own rules. If the co owners vote to ban short term rentals and register the condo rules then they can ban short term rentals. Otherwise it’s all open to interpretation.

[Gillyflower]

Nasanews doesn't say why he objects to people renting for only weeks or a month.  Is it because of their noise or habits?  Or is it because he doesn't like seeing strange people all the time?  Maybe he doesn't get enough time to know all their business before they move on.

[thaibook]

5 hours ago, bkkdriller said:

Renting out condo units on a short-term basis (anything less than a one-month period) is not permitted by the law (Hotel Act).  

Section 59 of the Hotel Act B.E. 2547 states that offenders shall be liable to imprisonment not exceeding one year and/or a fine not exceeding 20 000 baht. An additional fine not exceeding 10 000 baht throughout the period of violation can also be imposed.

 

Your JPM (juristic person manager) should know this and should take action on your behalf.

 

I have a condo I rent out for a minimum of 30 days at a time because of the law but also our Juristic Person Manager refuses to allow rentals of a shorter period. 

 

If the condo is owned by the company and it is available to some employees free of charge it may not be "rented".  If it is being rented the issue is to ensure the owner and the JPM is aware of the law, to have the law enforced if possible and then to bear the consequences.

 

[KittenKong]

2 hours ago, AJBangkok said:

BTW if it was as clear cut why hasn’t anyone ever been taken to court over an AirBnb or similar rental and lost. Why hasn’t anyone been fined. If the hotelier association thought they could win then they’d really really push for this. Unfortunately they just make a lot of noise and then some Provence’s like Phuket the governor or some official throws a sound  bite out to the press but no one is fined and no one goes to court. Why is that.

 

Because a lot of money is being earned out of it and money is the only thing that most people in Thailand care about.

 

There are hundreds if not thousands of laws in Thailand that are flaunted constantly. But every year they get slightly better at enforcing the laws. Seems like a very good thing to me.

[SiSePuede419]

If you rent, just give notice and move.

 

Renting isn't "throwing money away".

 

In fact, renting is cheaper than buying a condo.

 

That's why your neighbors are renting.  They're smart. ?

[ThaiWai]

9 hours ago, Cyclone88 said:

Get a life.

Live and let live. 

 

In general good advice but transients don't respect property like owners do and people disrespecting you in your home is above and beyond.  I feel the OP's pain but you know what I am gonna say...wait for it.....NEVER BUY.

[MyFriend You]

He, Nasanews, is actually trying to sell his condo based on a previous post.......thought it sounded familiar, he has a paper thin condo walls, and doesn't like neighbors from what I gather.     Carefull on giving him advice, he may wind up as your neighbor from hell.

[Fairynuff]

5 hours ago, scubascuba3 said:

If you'd rented rather than bought this wouldn't be problem. Is this comment helpful?

If he had rented HE would be the problem!

[Fairynuff]

Technically illegal, but I’d be interested to hear about anyone ever being prosecuted for it

[nasanews]

10 hours ago, Cyclone88 said:

Get a life.

Live and let live. 

 

You don't don't anything about what I'm talking about starting from thin walls where sound has no barrier and only inches between condos balconies.

You properly spend your nights crashing out on bed once you come to your residence.

[bazza73]

It's my experience any rules about short-term rentals of condo units are more honoured in the breach than in the observance.