Juristic Person - Detached Housing Project

[dfp]

Any experience with Juristic Person ? At the housing estate where I live, the developer has now called for formation of a Juristic Person so residents take over the daily management of the housing estate through the JP.

 

I am afraid that the developer cannot be trusted and will bulldoze the formation through without considering to bring our estate into a close to 100% perfection such as swimming pool, roads/sois and common facilities.

 

Please advise any experience you may have on the subject. Thank you very much.

 

 

[Delight]

 No doubt the creation of a Juristic Person will give some benefit to the co -owners of your common area

 

Your problem is , unlike Condominiums, there is no legislation that covers walled estates.

 

If the common area is incomplete then I suspect that  there is little that you can do

 

Unless of course your contract specfied i.e in some detail (with drawings etc.) the final design.

In such circumstances  you should be able to sue and have a successful outcome.

 

So what precisely is on your contract ?

 

[dfp]

The problem is that the developer has not maintained common areas for the last 2 - 3 years.

 

[Pattaya46]

2 hours ago, dfp said:

The problem is that the developer has not maintained common areas for the last 2 - 3 years.

 

Why should he have maintained it ? Once the condominium is finished, it's to the Committee/Management to take in charge maintenance.

[Delight]

3 hours ago, dfp said:

The problem is that the developer has not maintained common areas for the last 2 - 3 years.

 

 It seems to me that you have two quite separate problems

 

The Past i.e getting that which was promised when you purchased

and

The Future

 

The creation of a Juristic Person should fix the monthly running of common area -only however if everybody  comes on board and pays the fees.

Some think that payment is not for them.

That is where the new problems start....

[dfp]

16 hours ago, Pattaya46 said:

Why should he have maintained it ? Once the condominium is finished, it's to the Committee/Management to take in charge maintenance.

The problem is that the developer has not maintained common areas for the last 2 - 3 years.

 

This is not a condominium but a housing estate.

The developer is responsible for maintenance until such time a JP can be established i.e. 100% sold. This developer chose this option instead of at the time when 51% were sold.

 

According to Thai Law the developer is responsible to make the project back to its original state before handing over to JP.

[Langsuan Man]

The developer is trying to get the village off of his books.  Fortunately there are laws that control the process but we all know how effective the law is here in Thailand

 

My bet is that the developer will try an blackmail the owners into forming a Juristic Person by threatening to turn the development over to the local Amphur to administer if he doesn't get his way 

 

Unfortunately he can use his voting rights to form the JP,  but can not be an officer 

 

I think that the OP is going to have to get together with a few other owners and hire a lawyer to determine exactly what the residents options are going forward 

[Delight]

8 hours ago, dfp said:

 

According to Thai Law the developer is responsible to make the project back to its original state before handing over to JP.

  Exactly which laws are you refering to?

[chickenslegs]

12 minutes ago, Delight said:

  Exactly which laws are you refering to?

I believe that the situation is covered by the Land Development Act 2000 (B.E. 2543), Chapter4, Section 43 onwards.

Land Development Act 2000.pdf

 

[mike324]

May i ask what is it that you are not satisfied? what has not been maintained for 2-3 years?

[falangjim]

Developers can not be trusted. Juristic Persons are spin doctors for the developer's lies.  

[denby45]

You can have ours, she is f****** useless.