dfp Posted March 16, 2018 Share Posted March 16, 2018 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. Link to comment Share on other sites More sharing options...
Delight Posted March 17, 2018 Share Posted March 17, 2018 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 ? Link to comment Share on other sites More sharing options...
dfp Posted March 17, 2018 Author Share Posted March 17, 2018 The problem is that the developer has not maintained common areas for the last 2 - 3 years. Link to comment Share on other sites More sharing options...
Pattaya46 Posted March 17, 2018 Share Posted March 17, 2018 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. Link to comment Share on other sites More sharing options...
Delight Posted March 17, 2018 Share Posted March 17, 2018 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.... Link to comment Share on other sites More sharing options...
dfp Posted March 18, 2018 Author Share Posted March 18, 2018 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. 1 Link to comment Share on other sites More sharing options...
Langsuan Man Posted March 18, 2018 Share Posted March 18, 2018 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 Link to comment Share on other sites More sharing options...
Delight Posted March 18, 2018 Share Posted March 18, 2018 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? Link to comment Share on other sites More sharing options...
chickenslegs Posted March 18, 2018 Share Posted March 18, 2018 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 1 Link to comment Share on other sites More sharing options...
mike324 Posted March 20, 2018 Share Posted March 20, 2018 May i ask what is it that you are not satisfied? what has not been maintained for 2-3 years? Link to comment Share on other sites More sharing options...
falangjim Posted March 20, 2018 Share Posted March 20, 2018 Developers can not be trusted. Juristic Persons are spin doctors for the developer's lies. Link to comment Share on other sites More sharing options...
denby45 Posted March 20, 2018 Share Posted March 20, 2018 You can have ours, she is f****** useless. Link to comment Share on other sites More sharing options...
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