what the hell are they doing now

[padoo]

1 minute ago, padoo said:

a licensed restaurant 

its not about competition its the vibe or bullying 

taking over a common area 

[OneEyedPie]

3 minutes ago, padoo said:

its not about competition its the vibe or bullying 

What bullying?

 

padoo, please be more specific and elaborate with more than just three or four word answers as we're getting nowhere with such vagueness.  

 

As I previously requested, couldn't you post some photos of the offending retail outlet during business hours and outside business hours as you will most definitely receive more constructive feedback to your ongoing issue.

[padoo]

9 minutes ago, OneEyedPie said:

What sort of restaurant?  Thai or western food?  

 

Certainly no competition from a stall, surely.

no but its the loss of the common area the quiet reading place frends meeting around the table whlist waiting for a taxy surfing the net somwhere to meet 

[bwpage3]

What do you expect to accomplish on Thai Visa?

 

Can any one here realistically solve this problem for you?

 

Absolutely not, so calling everyone a troll is not going to accomplish anything.

 

If you are that bothered, why not hire a lawyer and fight it out in the courts?

 

It appears you are in the minority and the others all approve of having it there you are out of luck without some legal remedy?

 

Not so sure making an enemy of the entire building would be a good idea either.

 

 

[OneEyedPie]

8 minutes ago, bwpage3 said:

It appears you are in the minority

Indeed, a minority of one.  Certainly not cut out for communal living in LOS as this is quite tame considering.  

 

If it were my wife and I, particularly in this heat, we'd be visiting the stall on a daily basis for an iced green tea for the wife and a coke for me.  

[Rimmer]

A baiting troll post has been removed

[padoo]

2 hours ago, bwpage3 said:

What do you expect to accomplish on Thai Visa?

 

Can any one here realistically solve this problem for you?

 

Absolutely not, so calling everyone a troll is not going to accomplish anything.

 

If you are that bothered, why not hire a lawyer and fight it out in the courts?

 

It appears you are in the minority and the others all approve of having it there you are out of luck without some legal remedy?

 

Not so sure making an enemy of the entire building would be a good idea either.

 

 

if you buy a condo built before 2008 the rules are different does anyone understand the rules because i dont 

if you do perhaps you could make a comment on what you know if you dont know anything dont comment or ask for pictures 

[KittenKong]

13 hours ago, padoo said:

the building manager says if people who own the condo rooms want it they get it aparently they vote on a site called LINE

LINE is a social media group. "Votes" made on it have no legal value. Only votes officially made at a GM have any legal value. Changing the usage of a common area of the building to allow such a business would require a very large vote at a GM so that is unlikely to have happened.

 

The law specifies that businesses should only be operated in areas of the building allocated for that purpose and that it should happen without causing any sort of nuisance to co-owners. Also the access to these businesses should be separate from the access to the residential areas. So putting a smelly kitchen in the main lobby would appear to be against the law and probably against your own building by-laws.

The problem is that if your committee has agreed to it, and if most co-owners dont care, then it is unlikely to change. The usual downwards slope in Thai buildings: apathy, laziness and greed rule and no one cares about smells or garbage or noise or general decay if it means that they can buy a snack without walking a few yards. Many seem to like living in the middle of a public market.

[padoo]

8 hours ago, KittenKong said:

LINE is a social media group. "Votes" made on it have no legal value. Only votes officially made at a GM have any legal value. Changing the usage of a common area of the building to allow such a business would require a very large vote at a GM so that is unlikely to have happened.

 

The law specifies that businesses should only be operated in areas of the building allocated for that purpose and that it should happen without causing any sort of nuisance to co-owners. Also the access to these businesses should be separate from the access to the residential areas. So putting a smelly kitchen in the main lobby would appear to be against the law and probably against your own building by-laws.

The problem is that if your committee has agreed to it, and if most co-owners dont care, then it is unlikely to change. The usual downwards slope in Thai buildings: apathy, laziness and greed rule and no one cares about smells or garbage or noise or general decay if it means that they can buy a snack without walking a few yards. Many seem to like living in the middle of a public market.

this was helpfull thank you 

[Scott]

Posts reported and removed.  

 

[padoo]

8 hours ago, KittenKong said:

LINE is a social media group. "Votes" made on it have no legal value. Only votes officially made at a GM have any legal value. Changing the usage of a common area of the building to allow such a business would require a very large vote at a GM so that is unlikely to have happened.

 

The law specifies that businesses should only be operated in areas of the building allocated for that purpose and that it should happen without causing any sort of nuisance to co-owners. Also the access to these businesses should be separate from the access to the residential areas. So putting a smelly kitchen in the main lobby would appear to be against the law and probably against your own building by-laws.

The problem is that if your committee has agreed to it, and if most co-owners dont care, then it is unlikely to change. The usual downwards slope in Thai buildings: apathy, laziness and greed rule and no one cares about smells or garbage or noise or general decay if it means that they can buy a snack without walking a few yards. Many seem to like living in the middle of a public market.

surely if its against the law a vote can not change it who can i talk to in government to uphold the law 

[KittenKong]

2 minutes ago, padoo said:

surely if its against the law a vote can not change it who can i talk to in government to uphold the law 

Changing the usage of an area is not against the law but it does require the agreement of a very large percentage of all co-owners at a GM. There may also be issues about access etc as I mentioned.

You should first talk to your committee or Juristic Person Manager to see if the rules have been respected or not, and to work out under what circumstances the kitchen was allowed.

 

No one enforces these rules though the local Land Office may be interested if meeting procedures have not been followed. They wont care about your smelly kitchen though. If the kitchen is a health hazard then the local department of public health may be interested.

[padoo]

18 minutes ago, KittenKong said:

Changing the usage of an area is not against the law but it does require the agreement of a very large percentage of all co-owners at a GM. There may also be issues about access etc as I mentioned.

You should first talk to your committee or Juristic Person Manager to see if the rules have been respected or not, and to work out under what circumstances the kitchen was allowed.

 

No one enforces these rules though the local Land Office may be interested if meeting procedures have not been followed. They wont care about your smelly kitchen though. If the kitchen is a health hazard then the local department of public health may be interested.

as mentioned the manager owns more than half of the rooms about 60percent but he has a conflict of interest as it was the committee member requesting the shop and he needs to rent his rooms without any problems try to keep the peace ect but i dont think he has the right to vote 1 room 1 vote i will investigate the meeting proceedings through the local land office 

 

when you say it must be a large percentage that would have to vote for it to happen can you give me a number

 

 

note all the cooking is not done in the lobby but when the food is consumed at the table from plastic bags sold containing stong smelling foods the smells stay in the lobby 

 

I realy appreacate your help in this matter thankyou for your time and your comments are very good unlike some i had to endure 

regards gary

[padoo]

28 minutes ago, padoo said:

as mentioned the manager owns more than half of the rooms about 60percent but he has a conflict of interest as it was the committee member requesting the shop and he needs to rent his rooms without any problems try to keep the peace ect but i dont think he has the right to vote 1 room 1 vote i will investigate the meeting proceedings through the local land office 

 

when you say it must be a large percentage that would have to vote for it to happen can you give me a number

 

 

note all the cooking is not done in the lobby but when the food is consumed at the table from plastic bags sold containing stong smelling foods the smells stay in the lobby 

 

I realy appreacate your help in this matter thankyou for your time and your comments are very good unlike some i had to endure 

regards gary

as mentoned they voted on LINE not through signitures at the GM procedures have indeed not been followed there are no conditions in regard to what they can do and there is no door to enter the shop only the lobby entry doors at the front of the building 

 

is ther any department in particular i should speak with at the locoa government land office 

[KittenKong]

31 minutes ago, padoo said:

when you say it must be a large percentage that would have to vote for it to happen can you give me a number

At least 50% of the entire co-ownership has to vote on it. Maybe more if your by-laws specify that. Getting 50% of all co-owners to attend any meeting would be unheard of in my experience, though of course it does depend on the building and I dare say that it would be possible in some.

 

32 minutes ago, padoo said:

the manager owns more than half of the rooms about 60percent

His voting rights are automatically reduced by law to be no more than the total of all other co-owners present. So it is not possible for one person to have more than 50% of the vote at any meeting.

 

Of course 50% is normally enough as he only needs to convince one other co-owner to agree with him to push anything through.

 

Personally I think that 50% number should be reduced to 10% or less. In fact I would prohibit any person from owning more than 10% of a building at all, and I would prohibit the developer from ever voting on anything once the building has been declared a condominium. Buildings controlled by one person are usually bad news.

[KittenKong]

3 minutes ago, padoo said:

as mentoned they voted on LINE not through signitures at the GM procedures have indeed not been followed there are no conditions in regard to what they can do and there is no door to enter the shop only the lobby entry doors at the front of the building 

 

is ther any department in particular i should speak with at the locoa government land office 

Voting by any means other than a proper written ballot at a proper GM is not legal.

 

See the condominium department at the local Land Office about it (though they may not care very much for whatever reason).

[luckyluke]

Many years ago I had something similar. 

 

All the staff of the building I reside where eating their lunch in the lobby. 

 

For hours it smelled strongly to Som Tam and other strong spicy food. 

 

I told the management (Thai) that it often smelled "bad" in the lobby. 

 

A representative (Thai) of the management came at noon. 

 

First thing he said when he enterred the building :

 

"Smell good here".

 

Staff asked him to join their meal. 

 

He could of course not understand my claim. 

 

I moved later on, well not only for that. 

[metisdead]

Some more non helpful posts have been removed. 

[huawei]

Those buildings built after 2008 had to comply with additional building regulations primarily around safety and fire access. All condos whatever age have to comply with the condominium Act and it’s buildings regulations.

On 5/5/2019 at 8:52 PM, padoo said:

if you buy a condo built before 2008 the rules are different does anyone understand the rules because i dont 

if you do perhaps you could make a comment on what you know if you dont know anything dont comment or ask for pictures 

 

[padoo]

On 5/6/2019 at 9:44 AM, KittenKong said:

Voting by any means other than a proper written ballot at a proper GM is not legal.

 

See the condominium department at the local Land Office about it (though they may not care very much for whatever reason).

Changing the usage of an area is not against the law but it does require the agreement of a very large percentage of all co-owners at a GM. the local land office will be intrested if meeting procedures have not been followed 

 

At least 50% of the entire co-ownership has to vote on it. Maybe more if your by-laws specify that. Getting 50% of all co-owners to attend any meeting would be unheard of in my lawyers experience, 

 

Voting by any means other than a proper written ballot at a proper GM is not legal.

 

Please provide the written ballot taken at the GM giving permison to make a shop in the lobby

 

 

Under what circumstances was the shop allowed.

 

Please provide the document outlining the rules for operating this shop 

 

 

The law specifies that businesses should only be operated in areas of the building allocated for that purpose and that it should happen without causing any sort of nuisance to co-owners. Also the access to these businesses should be separate from the access to the residential areas. So putting a shop in the main lobby would appear to be against the law and probably against your own building by-laws.

 

email sent to building manager asking him to bring documents to the GM on 12/05/2019 

[padoo]

30 minutes ago, huawei said:

Those buildings built after 2008 had to comply with additional building regulations primarily around safety and fire access. All condos whatever age have to comply with the condominium Act and it’s buildings regulations.

 

the building we occupy is dodgy one end of the building has no fire steps from top to bottom 

 

and im not sure the fire hose on each floor is checked regulary i plan to ask about them at the meeting 

 

aparently more than half the building is in a company and the committee has taken all the money from the bank but i have no idea what they are doing or talking about 

[padoo]

I agree with you. We will discuss this subject in the meeting. We will vote again. The shop cannot locate in the lobby. 

emai sent to me by the manager of the building

 

thanks again kitten kong

[KittenKong]

On 5/11/2019 at 12:01 PM, padoo said:

I agree with you. We will discuss this subject in the meeting. We will vote again. The shop cannot locate in the lobby. 

emai sent to me by the manager of the building

 

thanks again kitten kong

Sounds like a result.

[BobBKK]

What's the problem? talk to the JP and or the committee

[padoo]

17 hours ago, KittenKong said:

Sounds like a result.

the shop had some dodgy deal with the manager and i allowed them to keep the shop for another 4 months

the manager also had washing machines set up in the lobby which is why he allowed the shop whats good for the goose is good for the gander

but in 4 months they all have to get out of the lobby

at the meeting it was we did not know but we do now

the chairman at the meeting could speak perfect english and i asked her to tell them ingnorance is no excuse 

for 1 year they lied about how the condo law did not apply and i was confused but thanks to kittenkong and thai visa i was able to get some closure in the true sense of the word.   

THE END

[KittenKong]

13 minutes ago, padoo said:

but in 4 months they all have to get out of the lobby

........

THE END

I hope that it is the end for you, but I know that Thais are experts in promising things and not delivering them. I would not call it the end until I actually see the kitchen and the washing machines being removed.

 

Talk is very cheap here.

[padoo]

On 5/13/2019 at 8:07 AM, KittenKong said:

I hope that it is the end for you, but I know that Thais are experts in promising things and not delivering them. I would not call it the end until I actually see the kitchen and the washing machines being removed.

 

Talk is very cheap here.

the condo has a new manager now and the company that owns more than half of the rooms in the building has 2 people including the old manager on the committee.

one person on the committee is making a lot of noise and the old manager is i think able to dissolve the committee but i am not sure. 

is it true that a committee is not a nessesety in older condos 

Edited May 17, 2019 by padoo

[KittenKong]

2 hours ago, padoo said:

one person on the committee is making a lot of noise and the old manager is i think able to dissolve the committee but i am not sure. 

is it true that a committee is not a nessesety in older condos 

The committee can only be elected or removed by majority co-owner vote at a valid general meeting.

 

A committee is required in all condominiums, with no exceptions.

[Delight]

 To obtain permission to use common area 50% of the total vote  has to agree. this agreement obtained at a general meeting.

I attach 2 jpegs

[padoo]

20 hours ago, KittenKong said:

The committee can only be elected or removed by majority co-owner vote at a valid general meeting.

 

A committee is required in all condominiums, with no exceptions.

can a majority vote in the committee remove a committee member