Mr. Mavideol

[Mavideol]

Hi there

Need legal advise about condominium management misused of funds and management account showing a big debit that the new recently elected new management does not want to accept. The previous juristic and management people (they are relatives) mixed personal business with condominium business, when  they needed money for their own personal business they just took it from the sinking fund account, without proper meeting and owners acceptance they managed to raise maintenance fees by the amount they thought would fit, no proper detailed accounting was ever provided but some owners accepted the "" increase""  one of the ladies is good at crying the blues and convincing the Thai owners, now the cow is dry they decided to resign, just like that, they are supposed to fill up the sinking fund account but the other account the maintenance fee account should show a credit NOT a debit, the moneys paid by the owners are sufficient to cover the expenses and would have left over moneys, but if the manager used the moneys for their personal interests what can the new manager or New juristic person do.

[KittenKong]

Welcome to Thailand. Unfortunately this sort of fraud is widespread in condo buildings here, to a greater or lesser extent.

You should report the irregularities to the Land Office, but they may not do much.

As for the missing money, co-owners would have to take the people involved to court. If those people have resources and arent just fly-by-nights (which many are) then you may get something back after several years, though legal costs may be high. Depending on the amount involved it may not be worth the trouble, galling as that is.

[Peterw42]

Sounds like a mess, how old is the block ? If its an older block the sinking fund could have been spent years ago. Have there been regular AGMs with audited accounts, an auditor would certainly pick up if a sinking fund has been emptied ? Usually the committee sign the cheques for major sinking fund expenditure/withdrawal. 

A fee rise needs 50% of owners votes, at an AGM or 33% at an EGM. Fees cannot just be raised on a whim.

 

 

[KittenKong]

I would not rely on a Thai auditor to spot a haystack in a field of potatoes.

[Mavideol]

thanks guys, understand the mess we are in.building is barely 4 years old, AGM never happen, been complaining for the past 2 years but Thai owners back the crooked manager and the juristic brother, WHY????? that's the main question, we did have a couple of so called meetings whereby 12-14 people show up (there are 80 units)  we do have some foreigners  well but they don't do much, they don't live at the site, they rent it our, I live there it's my home, s because I keep asking the questions and referring to the Rev 2008 condo act, they start to call me negative, I am the bad foreigner because I question the management skills and operations.... just realized it's a lost cause, land department doesn't enforce anything because the management lady (Thai)  knows how to cry the blues ... fake smiles and fake reports are their bread and butter

[KittenKong]

Thai owners back the crooked manager and the juristic brother, WHY????? that's the main question, ......

Kick-backs and mutual back-scratching. It's a way of life here.

You can complain to the Land Office about the lack of general meetings along with the probable lack of published reports and the probable lack of a correctly elected and registered committee. All are legal requirements. This will be easier if you take a Thai lawyer, but make sure that he isnt going to overcharge you.

Your best option for long-term change is to get in touch with the other farang owners and make sure that they use their proxy votes correctly. The problem with that being that by the time the owners who live abroad have received postal notification of a GM, as is required, the meeting will probably have already taken place. If necessary, get a lawyer in to oversee the voting at the meeting.

Get yourself and enough other farangs elected as majority members of the committee, and take back control of the building. It will not be easy. In my experience Thais are not good committee members as they are easily swayed by the most ridiculous nonsense.