Community charges not being paid

[cheshiremusicman]

I live in a gated juristic body community and am a member of the Residents Committee. We have one resident who has refused to pay their community charges now for some 4 years. The property does not have its own post box or display its postal address outside the property so that we cannot deliver registered letters to the owner. Here are my questions:-

1. Is it illegal to NOT display your postal address on your property and NOT have a post box? The reason for not having these is blatantly obvious.

2. Are we allowed by law to refuse the owners the right to bring in their vehicles, as they are not contributing to the upkeep of the roads and security services?

3. Can we approach the electricity and water services to have the services cut off, as they use our infrastructure to reach the property?

4. What else can we do that is lawful to force the owner to pay their community fees?

I would be most obliged if you would answer the above questions and give me any other information that you might feel will be helpful in resolving this problem.

 

[Peterw42]

Probably the same answers as 6 years ago. There isnt a lot of legislation to back things up like Condominiums and the Condo act. 

My wife has a house that she rents out in a large Moo Baan and if the fees are not paid your gate access card is cancelled. But its a big village with staff and an office. Electricity and water cant be cut off as its directly from the utility companies not the moo baan.

The land office would probably be the best place for answers and procedures as they would oversee the any legislation etc.

 

 

 

[topt]

3 hours ago, cheshiremusicman said:

4. What else can we do that is lawful to force the owner to pay their community fees?

I would be most obliged if you would answer the above questions and give me any other information that you might feel will be helpful in resolving this problem.

In our village this was talked about for years but the Juristic never actually seemed to push the lawyer (who even attended an AGM) to take action. A new chairman has basically just gone ahead and taken out legal action by filing court cases and some of the non-payers have now started to pay. Apparently this happened post the second legal letter. One of these had not paid for over 6 years. 

 

So it appears there is redress? You can also, I believe but I may be wrong, take out a lien on the property but not a lot of good if they are never going to try to sell it.

 

As to a post box presumably the owner receives post/parcels? The owner will also come through a manned gate - unless they do not live in the house? If so is there a way to utilise security to give them a registered letter and get them to sign for it?

 

4 hours ago, cheshiremusicman said:

2. Are we allowed by law to refuse the owners the right to bring in their vehicles, as they are not contributing to the upkeep of the roads and security services?

This was also considered in our case but not taken up - there were concerns about possible damage and that security were not "motivated" enough to make it work. Especially as the Juristic and then Chairman were too weak.

[Pib]

In my large Bangkok moobaan this is the first year of having juristic body/committee (a.k.a., home owners association) as the moobaan developer stopped maintaining the moobaan after approx 25 years.  Still in the process of collecting money for the first year.  I'm not part of that committee....just a person who has a home in the moobaan, but I'm trying to my best to understand what is going on especially when it come to people who don't want to pay, whether they live in the home or the home just seems abandoned/rarely visited by the owner.

 

Anyway, at meeting a few weeks ago the juristic committee addressed the issue of people who do not pay.  Not a whole lot you can do under the law, specifically the Land Development Act B.E. 2543, other than a fine for late payment after 3 months being late....and after 6 months the juristic person can go to the Land Office and basically place a lien on the person's chanote to where they cannot sell/transfer the land until the overdue mooban debt (including interest...I think 7.5% is being used) is paid for the months/years of outstanding fees.   

 

Time will tell how aggressive the aggressive committee is in collecting fees.  They do have lawyer and management firm...plus there are several lawyers who live in the community giving guidance to the committee.    And the committee did say they are going to make every effort to track down owners  who do not live in the homes/rarely visit the homes and notify them of the fees which is all part of the process which has to be gone through before more serious action can be taken like placing a lien on the chanote.

 

But if person makes the decision to just not pay the fees now; instead, wait until some future date when he possibly sells/transfers the land (which might now be until he dies) then it doesn't appear a lot can be done to collect the money "now."  And I expect some non-payers might figure the juristic committee may not even be in existence when they do decide to sell years from now and then the debt owed would just evaporate.   Yeap, time will tell with the brand new juristic committee setup in our moobaan.

 

See attached unofficial translation of the land development act starting at around section 44.   Sectionn 50 quoted below which talks failure to pay/late payment.

Land_Development_Act_BE_2543_(2000).pdf

 

Quote

 

Section 50. The person with the duty to pay the expenses of maintenance and management of the public utilities according to Section 49, second paragraph, who is late in paying such moneys, shall be subject to a fine for late payment at the rate prescribed by the Board.

Who fails to pay the expenses of maintenance and management of the public utilities for three months consecutively may be dispensed with the services or the right to the public utilities, and in case of a failure to pay for six months or longer, the official shall have the power to suspend the registration of the developed land of the person who fails to pay until the payment has been made in full, which shall be according to the rules and procedures prescribed by the Board. The debts of the expense of maintenance and management of the public utilities shall be a preferential right on account of maintenance of immovable property over the developed land of the person who fails to pay.

 

 

 

 

 

Edited April 3, 2018 by Pib

[Minnehaha]

Some Thais simply do not pay for common fees or to paint building or upkeep to have a nice place to live. 

Now we know.

 

Throw the fuccccng book at them. Withohld utilities. Lawyer letters. Slam them. Often this can bring them around. 

Till next time. 

[topt]

5 hours ago, Pib said:

then it doesn't appear a lot can be done to collect the money "now." 

As I mention in my reply above yours Pib our village seems somehow to have forced the issue with some owners. I will try and find out more.