Legal Advice Needed About Smoking

[CMoldie]

On 9/27/2019 at 10:24 AM, Audragon said:

 I am also writing to the Condo Juristic, who won’t declare the building Non Smoking. 

That's because the Jurisitic Person Manager has no power to do this. It requires a change of the bye laws of the condo in question. This can only be done at an AGM or EGM of the co-owners of the condo, and 30% of all of them, not just 30% of those in attendance, must vote in favour of it. Changing the bye laws is a very difficult thing to do.

 

Do the jurisitic office in your condo manage rental units for owners? I ask because, if they are getting a commission on renting a unit to your problem neighbour, you have no chance of getting any help from them.

 

But, you are right to start with the juristic person manager (find out who it is, address the letter to him or her by name) because they are legally responsible for maintaining good order and dealing with anti social behaviour in the condo. If you take any sort of legal action, the first thing you will be asked is if you have taken it up with the JPM.

 

You know how much legal action will cost you? An absolute minimum of baht 20,000 just to initiate proceedings. And what if the JPM gave evidence that they did not see any problem or anti social behaviour? You would be stuffed.

If I were you, I would move.

[Number 6]

People smoking over the age of 25 are clearly addicted. Few enjoy the tobacco they are just servicing the addiction. They're rude because they're addicted. I smoked on off for years. But always took care never to stick of cigarettes.

 

Smoking ages the hell out of your body. My sister died in part of tobacco before 50. A total addict. Her skin was a mess. But go ahead and enjoy it. Just keep it away from me.

 

I still enjoy a good cigar but will be certain I'm in a proper place to smoke it. Emphasis on good cigar.

[observer90210]

If western nations heavly tax the pack of fags to dissuade smoking....3rd world countries cannot affort to over hike the prices, as a fag is amongst one of the few moments of escape and "fresh air",  for the poor and miserable

[BritManToo]

11 minutes ago, Number 6 said:

People smoking over the age of 25 are clearly addicted. Few enjoy the tobacco they are just servicing the addiction. They're rude because they're addicted. I smoked on off for years. But always took care never to stick of cigarettes.

I don't enjoy the tobacco at all, but can't find anything else to keep the cannabis burning.

A vape would be perfect, but the fines are too big to risk.

[Number 6]

10 hours ago, BritManToo said:

I don't enjoy the tobacco at all, but can't find anything else to keep the cannabis burning.

A vape would be perfect, but the fines are too big to risk.

Try parsley. Americans would just rather smoke in a pipe or tiny joint rather than mix with tobacco. Especially if it's decent weed. I don't smoke the stuff haven't for decades.

[Nyezhov]

10 hours ago, BritManToo said:

I don't enjoy the tobacco at all, but can't find anything else to keep the cannabis burning.

A vape would be perfect, but the fines are too big to risk.

Ya want me to pick up a Bob Marley grinder from the Ayrabs  down on Lower Suck for ya? That works on the Thaibrick.

 

Damn I miss cigarettes. That first full flavoured Camel or Players with a cup of strong coffee watchin the sun rise...heaven. Ill alwys miss that!

Edited September 28, 2019 by Nyezhov

[Lacessit]

As an ex-smoker ( quit 1983 ) it doesn't particularly bother me. In the company of a smoker, I stay upwind. If it bothers the OP that much, he should just move.

Getting into some kind of legal battle anywhere doesn't make sense to me, let alone in Thailand.

Edited September 29, 2019 by Lacessit

[Nyezhov]

17 minutes ago, Lacessit said:

As an ex-smoker ( quit 1983 ) it doesn't particularly bother me. In the company of a smoker, I stay upwind. If it bothers the OP that much, he should just move.

Getting into some kind of legal battle anywhere doesn't make sense to me, let alone in Thailand.

Youre up early. Going to flail about on the links? Do falangs golfing in Thailand wear those stupid hats with pompoms and hideous mauve and green plaid knickers? Do they still have the cute lady "caddies" who act as the 13th hole so to speak?

 

 

[Olmate]

18 minutes ago, Nyezhov said:

Youre up early. Going to flail about on the links? Do falangs golfing in Thailand wear those stupid hats with pompoms and hideous mauve and green plaid knickers? Do they still have the cute lady "caddies" who act as the 13th hole so to speak?

 

 

13th? Unique course that!

[Olmate]

40 minutes ago, Lacessit said:

As an ex-smoker ( quit 1983 ) it doesn't particularly bother me. In the company of a smoker, I stay upwind. If it bothers the OP that much, he should just move.

Getting into some kind of legal battle anywhere doesn't make sense to me, let alone in Thailand.

How do you vet the new condo before moving I wonder?

[Lacessit]

1 hour ago, Olmate said:

How do you vet the new condo before moving I wonder?

A sense of smell helps.

[Lacessit]

1 hour ago, Nyezhov said:

Youre up early. Going to flail about on the links? Do falangs golfing in Thailand wear those stupid hats with pompoms and hideous mauve and green plaid knickers? Do they still have the cute lady "caddies" who act as the 13th hole so to speak?

 

 

I think it was Tiger Woods at his peak who said golf was the only sport he knew where a black guy was chased around the golf course by 100 white guys dressed as black pimps.

The pom-poms and  plaid knickers are worn in Scotland. The climate there lends itself to that kind of attire.

My caddie is a very cute Akha, suffering from a broken heart because her now departed husband was a butterfly who carelessly left his phone around with a string of his female contacts for her to see. Or perhaps not. If I was not already claimed, I would be quite tempted to console her.

Are we not going a smidgen off topic? Unless, of course, you are referring to my smoking hot short game. Like the offender in the OP's post, I have <deleted> off many people with it in my time. Still do.

[Lacessit]

1 hour ago, Olmate said:

13th? Unique course that!

He has unique ideas on many topics.

[essox essox]

On 9/27/2019 at 10:49 AM, Crossy said:

I'm afraid your best solution will be, move!

 

He's not breaking any laws or condo bylaws so you're going to have to go "public nuisance" which is going to need the support of other condo dwellers. Have you gathered opinion from your other neighbours?

 

A thought, rather than trying for a non-smoking building, how about a condo rule that requires all unit doors to be closed at all times (for fire safety reasons)?

 

 

 

he IS breaking laws......I spoke to a good lawyer on this subject last Sept 2018.....

[Olmate]

23 minutes ago, Lacessit said:

A sense of smell helps.

I just sniffed out a new place to live? Just hope no filthy smokers move in? Fat chance 

[Lacessit]

1 minute ago, Olmate said:

I just sniffed out a new place to live? Just hope no filthy smokers move in? Fat chance 

You are relying on written rules and regulations in Thailand? That's fairly unique too.

[Crossy]

10 minutes ago, essox essox said:

he IS breaking laws......I spoke to a good lawyer on this subject last Sept 2018.....

 

Which particular laws? Smoking in his own home (no children present).

 

The wording and legal references would be useful to others in this position.

 

Did any legal action come of your case? Result?

 

[essox essox]

1 minute ago, Crossy said:

 

Which particular laws? Smoking in his own home.

 

The wording and legal references would be useful to others in this position.

 

smoking in a public place....the smoke drifts into corridors....they are classed as a public place....

OK

I thought the post was about smoking in condos not ones own home!!!

[ChipButty]

Chinese are bad they dont care where they sa-moke

[Crossy]

10 minutes ago, essox essox said:

I thought the post was about smoking in condos not ones own home!!!

 

He lives in the condo, it is his home. A "home" does not need to be a house, people live in trailers, that is still a home.

 

10 minutes ago, essox essox said:

smoking in a public place....the smoke drifts into corridors....they are classed as a public place....

 

That might work, but are condo common areas really classed as "public" as the general public has no access? Also, he is not smoking IN the public area his smoke is entering the public area (a closed door rule would combat this and should be possible to get into the condo bylaws without mentioning smoking).

 

A spot of devil's advocate, not trying to defend the smoker.

 

With your info from the lawyer did you take any action? Result? (was it worth the lawyer fees?)

 

[Skallywag]

Your tag line is most excellent Crossy,  "I can EXPLAIN it to you, but I can't UNDERSTAND it for you."

 

[EricTh]

45 minutes ago, Olmate said:

I just sniffed out a new place to live? Just hope no filthy smokers move in? Fat chance 

If your neighbour is a Korean, there's a high chance he's a smoker.

[Beggar]

I was a very heavy smoker but clean now for 20 years. And yes - I didn't realize what I did to other people. I was very addicted and it took me one year to get rid of this habit - a very hard fight. And if I smell smoke now I might suffer more than others - because I was addicted and this urge to smoke comes up again. At least a little bit. 

 

It might be very hard that the OP can convince the smoker to quit smoking. But perhaps you can find a compromise and find a place where he can smoke. Nowadays there are many laws that can help you. So perhaps this can motivate him to find a compromise. 

[thaiguzzi]

On 9/27/2019 at 10:24 AM, Audragon said:

cigarello/cigar

Some of the above can smell quite nice.... just sayin'.....